(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

^ 



4 •'• 



ACTS 



RESOLVES 



PASSED BY THE 



General (JJourt of plassarhusptts, 



IX THE YEAR 



1913, 



TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING 

CHANGES IN THE STATUTES, CHANGES OF 

NAMES OF PERSONS, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMOXWEALTH. 




BOSTOX: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1913. 



A CONSTITUTION 



rORM OF GOVERNMENT 



QII)p Qlommomupaltli nf flUaBBarhuBrllB 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tioii of government, is to secure the existence of the body Ko^e"""™""*- 
politic, to protect it, and to furnish the individuals Avho 
compose it with the power of enjoying in safety and tran- 
quillity their natuml rights, and the blessings of life ; and 
whenever these gi'eat 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 poutic, 
of individuals : it is a social compact, by which the whole ite^at*u™!^" 
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 devouth" imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of Rights^ and 
Frame of Government, as the Constitutiox of the Com- 
monwealth OF Massachusetts. 



Equality and 
natural rights 
of all men. 



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



Amendments, 

Art. XI substi- 
tuted for this . 



Legislature 
empowered to 
compel provi- 
sion for public 
worship; 



PART THE FIRST. 

A Declaralion of the llif/Jits of the Inhabitants of the 
Commonwealth of MassacJiusetts. 

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 safetv and happiness. 

II. It is the right as well as the duty of all men in 
society, 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 liis own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in theu* religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality: Therefore, 
to promote their happiness, and to secm'e the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislatm^e shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 



COMMONWEALTH OF :NL\SSACHUSETTS. 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 atfen1ilnce°^°^ 
to, and do, invest their legislature with authority to enjoin thereou. 
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 toAvns, par- Exciueive right 
ishes, precincts, and other bodies politic, or religious socic- rou/teach/rV^* 
ties, shall, at all times, have the exclusive right of electing «e<="''«'i- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of ^tparochiai 
public worship, and of the public teachers aforesaid, shall, p^^^un^i^gg^ 
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 Avhose instructions 
he attends ; otherwise it may be paid towards the sui)port 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning them- ah denomina- 
selves peaceably, and as good subjects of the commonwealth, protected! ^ 
shall be equally under the protection of the law : and no subordination 
subordination of any one sect or denomination to another anotherprV-^ 
shall ever be (>stabli'shed by law.] *'»''''«'^- 

IV. The i^eople of this connnonwealth have the sole Right of self 

. ,..,^ . 1 , r. government 

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

V. All power residing originally in the people, and ^f^iTo^ffic^Jw^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. Xo man, nor corporation, or association of men, services ren. 
have any other title to obtain advantages, or particular puifuc*bem| 
and exclusive privileges, distinct from those of the com- p^cuiiir p Jivi-" 
munity, than what arises from the consideration of ser- fafromcet'^ire 
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, l.iO. 
4 Allen, 474. 

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

See amend- 
ments, Art. 
XXXIX. 
6 Cush. 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, vrhen their protection, 
safety, prosperity, and happiness requu-e it. 

VIII. In order to prevent those who are vested with 
authority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by their frame of government, to cause their 
public oiBcers 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 commonAvealth, having such qualifications as 
they shall establish by theu* frame of government, have an 
ecjual right to elect officers, and to be elected, for public 
employments. 122 Mass. 595, 596. 

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



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

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

12 Allen, 223, 230. 108 Mass. 202, 213. 
100 Mass. 544, 560. Ill Mass. 130. 



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

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

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



XI. Every subject of the commonwealth ought to find 
a certain remed}^ 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 



COMMONWEALTH OF ISIASSACHUSETTS. 7 

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

XII. Xo subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantialh' M^kk. 211. 
and formally, described to him ; or be compelled to accuse, is pick'. 434. 
or furni.sh evidence against himself. And every subject 2yet^.'3.»'^' 
shall have a right to produce all proofs that may be fevor- J^qJ.^*'''j^^- 
able to him ; to meet the witnesses aoriinst him face to face, ^ Gray', leo. 

. .8 Gray 320 

and to be fully heard in his defence by himself, or his 10 Gray, u." 
counsel, at his election. And no subject shall be arrested, 2 AiWi.'sei.' 
miprisoned, despoiled, or deprived of his property, immu- •24of2w°439^~ 
nities, or privileges, put out of the protection of the law, i2^\„gn 170 
exiled, or deprived of his life, liberty, or estate, but by the o^Mass/sTo," 
iudmnent of his i)eers, or the law of the land. lo'oMass. 237, 

295 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 654. lOSMass. 418. 

108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 404. 129 Mass. 559. 

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

® .,.,•' . , ^y jury In 

sub ect any iierson to a capital or intamous iiunishment, criminal cases, 

• * » 6XC6Dt GtC 

exceptmi;^ lor the "fovernment of the army and navy, with- s Gray, 329, 373. 

i . • A. • ^ *^ 103 Mass. 418. 

out trial by jury. 

XIII. In criminal prosecutions, tiie verification of facts, crimes to be 
in the vicinity where they happen, is one of the great- vidnity!" '^^ 
est securities of the life, liberty, and property of the m M^ass^M, 02. 
citizen. 

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

,, T.~ ■• 1 • !• *" feizure 

unreasonable searches, and seizures, ot his person, his regulated. 
houses, his papers, and all his po.ssessions. All warrants, Amemrtiv. '* 
therefore, are contrary to this right, if tlie cause or founda- 5Cush.369. 
tion of them be not previously supported by oath or affir- J3^G?ay,^454. 
mation, and if the order in the warrant to a civil officer, to Jooiias^s we 
make search in suspected places, or to arrest one or more '^f- 
suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in cases in eldp'tfeu:"**** 
which it has heretofore been otherwa3^s used and practised, AmencPt vif'* 
the parties have a right to a trial by jury ; and this method ^pig^-g^- 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 
on the high seas, and such as relate to mariners' wages, 11 Aiien,574, 
the legislature shall hereafter find it necessary to alter it. io2'Ma88.45,47. 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



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



Moral qualifica- 
tions for office. 



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 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



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



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



maintained without the consent of the legislature 



and 



the military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piety, ju.stice, moderation, temperance, indus- 
try, and frugality, are absolute^ necessary to preserve the 
aclvantao;es of libertv, and to maintain a free o;overnment. 
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 lawofivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon tiie 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 gi'ievances 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 authoritj' derived from it, to be exer- 
cised in such particular cases only as the legislature shall 
expressly provide for. 

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

XXII. The legislatiu-e ought frequenth^ to assemble 
for the redress of grievances, for correcting, strengthening, 
and confirming the laAvs, 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, Avithout the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before et pm^t fncto 
the existence of such laws, and which have not been de- i^Ai^en, 42if ' 
clared crimes by preceding hiws, are unjust, oppressive, '*^'*28,434. 
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 felony by the legis- treasCn'^etc. 
lature. 

XXVI. No magistrate or court of law shall demand or^rtuM.'at.d"" 
excessive bail or sureties, impose excessive fines, or intlict <=™^' punish. 

1 • y mentt", pro- 

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

XXVn. 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 houllr.'^^ies^^ 
in time of war, such quarters ought not to be made but ^^'^' 
by the civil magistrate, in a manner ordained by the legis- 
lature. 

XXVIII. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiai, uniVsT^tc. 
except those employed in the army or nav}', 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 eu. 
of every individual, his life, liberty, i)roperty, and charac- court! ^"'^'"^^ 
ter, that there be an impartial interpretation of the laws, ?Gmy,^4V2. 
and administration of iustice. It is the riirht of every ^ '^}}^"• ^^J- 

^ ^ *' *- •' / .Allen, ooo. 

citizen to be tried by iudires as free, imijartial, and inde- loa Mass. 219, 

' * ~ 221 225. 

pendent as the lot of humanity will admit. It is, therefore, Tenureof their 
not only the best i)olic3', 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 
tliey behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing Salaries. 
laws. 

XXX. In the government of this commonwealth, the Separation of 
legislative department shall never exercise the executive cua?anTie^^f!' 
and judicial powers, or either of them : the executive shall ^enTg^^^'*"" 
never exercise the legislative and judicial powers, or either \^^^ '%l{ 
of them : the iudicial shall never exercise the leg-islativc IJk^f^^'^V^'^' 

. *' . , PI ^100 Mass. '282, 

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

1 L c -x 1J.J? 114 MasB. 247, 

may be a government or laws and not or men. 249. 

116 Alass. 317. 129 Maes. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PAKT THE SECOND. 

TJie Frame of Government. 

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



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, where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



COMMONWEALTPI OF :\IASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, if anv l)ill i^cVso'oFad" 
or resolve shall not be retui-ned by the gove^-nor Avithin iheKJ!!erai°^ 
five days after it shall have been presented, the same shall f«"'.t«iti"" 

,,".._ •"■ ' tne hve days, 

nave the lorce ot a law. sMass. se-. seeamend- 

ITT. Tile general court shall forever have full power oenerLi court 
and authority to erect and constitute judicatories and jTiicatoriee"'*' 
courts of record, or other courts, to be held in the name o^d'etc ^ '^^^' 
of the commonwealth, for the hearing, trying, and deter- s^ray.i- . 
mining of all manner of crimes, ollences, pleas, processes, ik '^*^'^^'' 
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 ca})ital or not capital, and 
whetiier the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which courts and judicatories are herebv <'iven and CourtH.etc. 

„.„,.,, ,1 i- 11 "i ^i "^ /• . '^ ^ . may administer 

granted tull })ower and authority, from time to time, to oaths, 
administer oaths or allirmations, for the better discovery 
of truth in any matter in controversy or depending l)efore 
them. 

IV. And further, full jiowcr and authoritv are hereby General court 
given and granted to the said general court, from time to ^«>' ^"'''^^ i^^'^- 
time to make, ordain, and establish, all manner of whole- ^AUe^/.an. 
some and reasonable orders, laws, statutes, and ordinances, ^j^^^"^"' "3. 
directions and instructions, either with penalties or with- loo'Mass. 544. 
out; so as the same be not repugnant or contrary to this iieMass. 46-, 
constitution, as they shall judge to be for the good and *^Ly enact 
welfare of this commonwealth, and for the frovernment ^°'"*'®*''-'"°' 

1 1 • ii ,• 1 /. 1 , . . '^ repueuant to 

and ordering thereof, and of the subjects of the same, and the constitution. 
for the necessary support and defence of the government ' ^°' '^^^' 
thereof; and to name and settle annuallv, or provide bv mav provide 
fixed laws for the naming and settling,"^ all civil officers X'poSeTt 
within the said commonwealth, the election and consti- ?f/*M^!r«no 
tution of Avhom are not hereafter in this form of govern- 
ment otherwise provided for; and to set forth the several may prescribe 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 CONSTITUTION OF THE 

General court ^j^jg coiistitutioii : aiid to iiiipose aiid levv proportional 

may impose ' i iiii 

taxes, etc. and reasonable assessments, rates, and taxes, upon all the 

ments, Art. inhabitants of, and persons resident, and estates lyinff, 

12 M'ass. 252. witliin tlic Said commonwealth ; and also to impose and 

eAiienisi! levy reasonable duties and excises upon any produce, 

idUuenfts's!^^" goods, warcs, merchandise, and commodities, whatsoever, 

i2Aiien'7T223 t)rought iuto, produccd, manufactured, or being within 

235, 238, 240, the sauic ; to be issued and disposed of by warrant, under 

3i3;5oo,'6i2! the hand of the governor of this commonwealth for the 

100 Mass. 285. time being, with the advice and consent of the council, 

101 Mass. o, ^^^, ^1^^ public service, in the necessary defence and sup- 
114 Mass Jss! poi't of tlic government of the said commonwealth, and 
iie'Mass 461. ^^^ protection and preservation of the subjects thereof, 
118 Mass. 386, according to such acts as are or shall be in force within 

123'Mass. 493, the SaUlC. 

127'Mass. 413. And whilc the public charges of government, or any 

ta^sViT^tTbe P^^'^ thcrcof, shall be assessed on polls and estates, in the 

disposed of for manner that has hitherto been pmctised, in order that 

defence, protec- i • i i- i i n 

tion, etc. such asscssmeuts may be made with equaiit}'', there shall 

Valuation of b© a Valuation of estates within the commonwealth, taken 

to!fl^4rs'^'ft'° anew once in every ten years at least, and as much oftener 

least, while, etc. as the ffcneral court shall order. 

8 Allen, 24/. ~ 

126 Mass 547 

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



CHAPTER I. 

Section H. 

Senate. 

KdbT^^^'' Article I. [There shall be annually elected, by the 
whom elected, freeholders and other inhabitants of this commonwealth, 

Superseded hy , • i i /» 

amendments, (Qualified as lu this constitutiou IS provided, forty persons 
which was also to bc couucillors and senators for the year ensuing their 
amen'dmen'te^^ 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 
uTco'un^iiOTs*^ timely make known to the inhabitants of the common- 
eee amend- ' wealth the limits 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- 



isions as to 
ions of 
per- 



COMMONWEALTH OF :srASSACHU SETTS. 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, dfsSu.untu. 
until the general court shall determine it necessary to etc. 
alter the said districts, be disti-ict^ for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Xantucket shall form one district for that pur- 
pose) and sluill elect the following number for councillors 
and senators, viz. : — Sutlblk, six ; Essex, six ; ^Middlesex, 
five ; Ham})shirc, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one; AVorcester, five ; Cumberland, one; Lincoln, one; 
Berkshire , two . ] 

II. The senate shall be the first branch of the legislat- ^i^*°°"choling 
ure ; and the senators shall be chosen in the following: man- senators and 

• iri^Ar'i' councillors, see 

ner, viz. : there shall be a meetmg on the [iirst Alondav in amendments, 
April,] aniuially, forever, of the inhabitants of each town xv!' a's" 
in the several counties of this commonwealth ; to be called amendmem!, 
by the selectmen, and warned in due course of law, at p^[.l^{^ 
least seven days before the [first Monday in April,] for ^^fJ^IJI^^^j 
the purpose of electing persons to be .senators and conn- seded by amend- 
cillors; [and at such meetings every male inhabitant of m.' xx., 
twenty-one years of age and upwards, having a freehold xxx.,xxxi. 
estate within the commonwealth, of the annual income of word'"hihabi. 
three pounds, or any estate of the value of sixty pounds, ^e"*^!,'!,^^;^^^'!,^. 
shall have a ridit to "five in his vote for the senators for ment» Art 

O c? ... -141 AAlU., which 

the district ot which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word " inhabi- 12 dray, 21.' 
tant" in this constitution, every person shall be considered 122 Mass. o9o, 
as an inhabitant, for the purpose of electing and being- 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at Selectmen to 

. , ,. preside at town 

such meetings impartially ; and shall receive the votes ot 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, Ketum of votes. 
who shall make a fair record, in presence of the select- 
men, and in open toAvn 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 ab to cities see 

11 11 1 1 11 1 11 amendments, 

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



14 



CONSTITUTION OF THE 



Time 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. XrV. 



Senate to be 
final judge of 
elections, etc., 



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

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in theh' respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectivel}^ as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and retiu-ning 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 thcu' 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 the}'^ shall be assessed, for 
that purpose, accordingly. 

III. And that there may be a due convention of sena- 
tors on the [last Wednesda}^ in May] 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 



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ber"^ °'^" "*"" 
last Wednesday in ^lavl annually, determine and declare Time changed 

11 ■" 1 T • j^ j^ 1 A. ^^ to Urm \\ ednes- 

who are elected by each district to be senators [by a dayof jammry 
majority of votes; and in case there shall not appear to nfenK^Art. x. 
be the full number of senators returned elected by a ^angeLo 
majority of votes for any district, the deficiency shall be ^mend^^enu, 
supplied in the following manner, viz. : The members of ^rt.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 Avanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of ^'1*^^°"*'*' ^'"' 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in people. 
every district of the commonwealth ; and in hke manner mB^^^An. 
all vacancies in the senate, arising by death, removal out ^^^^^• 
of the state, or otherwise, shall be sup))licd as soon as may 
be, after such vacancies shall happen.] 

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

i , ^ f or further pro- 

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

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

space of five years immediately jH'eceding his election, and, xxii.' * 

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

district for which he shall be chosen. 

VI . The senate shall have power to adjourn themselves , senate not to 
provided such adjournments do not exceed two days at a thi^"two™a78. 
time. 

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

. . ^ 1 ,• ''^ oUicers and 

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

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

house of representatives, against any officer or officers 

of the commonwealth, for misconduct and mal-administra- 

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

impeachment the members of the senate shall respectively 

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

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

ment, however, shall not extend further than to removal 

from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. See 
amendmente. 
Arts. XXII. 
and XXXIII. 



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

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



Representation 
of the people. 



Repreeenta- 
tives, by whom 
chosen. 
Superseded by 
amendmeute, 
Arts.XU. 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. 
Ajinulled by 
Art. XXXV. 



Qualifications 
of a repre- 
sentative. 



CHAPTER I. 

Section IH. 

House of Representatives. 

Article I. There shall be, in the legislature of this 
commonwealth, a representation of the people, annually 
elected, and founded upon the principle of equalit3^ 

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

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

And the house of representatives shall have power from 
tunc to tune to mipose 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 ever}^ session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave.] 

in. Eveiy member of the house of representatives 
shall be chosen b}' written votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding: his election, shall have been an inhab- New provision 
itant of, and have been seised in his own riirht of a tree- seeamend- 
hold of the value of one hundred pounds within the town xxT' '^'^" 
he shall be chosen to represent, or any ratable estate to ficauons al"""" 
the value of two hundred iiounds : and he shall cease to J^hed by amend- 

. ' , . . , raents, Art. 

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

IV. [Every male person, being twenty-one years of ^f".f^."tg"°°* 
affe, and resident in anv particular town in this common- These pro- 

f^ , . , .• * ,. , . visions super- 

wealth tor the space ot one year next preceamu-, having a sededby 
freehold estate within the said town of the annual income Arts"m!"xx.. 
of three pounds, or any estate of the value of sixty pounds, xxxl'xxxi. 
shall have a riji-ht to vote in the choice of a representative »'"' xxxii. 

p ^ bee also aineiid- 

or representatives for the said town.] inents, Art. 

V. [The members of the house of representatives shall wasnniluiiedby 
be chosen annually in the month of ^lay, ten days at least r "ge„t^" 
before the last AYednesdav of that month.] tives, when 

-> cnoeen. 

Time of election changed by amendments, Art. X., and changed a^alo by amendments, 

Art. XV. 

VI. The house of representatives shall be the m-and noueeaione 

11 in- 1 ""* impeach. 

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

VH. All monev bills shall originate in the house of HouBetoorigi- 

~ nate all money 

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

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

IX. [Not less than sixty members of the house of Quorum, see 

L , •/ ™ , . . amendments, 

representatives shall constitute a quorum for doing busi- Arts. xxi. and 
ness.] 

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

I • t Tf' • ,' • •' o returns, etc., of 

the returns, elections, and qualiiications oi its own mem- its own mem- 
bers, as pointed out in the constitution ; shall choose their itsomcersand 
own speaker ; a])point their OAvn officers, and settle the ruiL.'etc.'*^ 
rules and orders of proceeding in their own hou.se. They May punish 
shall have authority to punish by imprisonment ever}^ offences"" 
person, not a member, who shall be guilty of disrespect i-^ tfray, 226. 
to the house, by an}' 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 bod}' or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Oovemor and 
council may 
punish. 

tjeueral limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

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 ofl'ences, be for a term exceeding thirt}^ days. 

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



CHAPTEE II 



Governor. 



His title. 

To be chosen 
annxially. 
Qualifications. 
See amend- 
ments, Arts, 
VII. and 

xxxrv. 



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

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



EXECUTIVE POWER. 

Section I. 

Governoi'. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be staled — The Governor of the 
Co^DioxwEALTH OF INIassachusetts ; and Avhose title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this oiBce, 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 Cln-istian 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 pmpose, on the [first Monday of April] annually, 
give in their votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 
in open town meeting, sort and count the votes, and form 



C0:VOI0XWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the nunibor of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to cuiea. see 
ration thereof in the said meeting ; and shall, in the pres- A"?f. n™^°^^* 
ence of the inlia])itants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
riast Wednesdav in ]Mavj ; and the sheriii' shall transmit Time changed 
the same to the secretary s omce, seventeen days at least day of January 
before the said [last "Wednesday in May] ; or the select- menu.^Art.x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in ^Nlay], to be by them changed to 
examined ; and in case of an election by a [majority] of all ameMdments, 
the votes returned, the dioice shall bo by them declared '^^'"'- ^^"^'• 
and published ; but if no person shall have a [majoritv] of wheVno^per'son 
votes, the house of representatives shall, by ballot, elect ^'*'"'''^"'^"'J'- 
two out of four persons Avho hjjd 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 di-;erotion, to assemble and call together the governor and 
councillors of this conmiouAvealth 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, agTeeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have Mayadjoumor 
full power and authority, during the session of the gen- geuerfrcourt 
eral court, to adjourn or prorogue the same to any time andcon?enl*' 
the two houses shall desire ; [and to dissolve the same on Art'cTdilsoiu- 
the day next precediuix the last Wednesday in May ; and, tion see amend- 
in the recess ot the said coiu't, to prorogue the same irom 

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



20 



CONSTITUTION OF THE 



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

Governor and 
council may 
adjourn the gen- 
eral court in 
caBCB, 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 within the state. 

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

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

Vn. The governor of this coinnion wealth, for the time 
beino;, shall be the commander-in-chief of the armv and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and nav}^ ; and, for the special defence and safety of the 
commonwealth, to assemble in martial array, and put in 
warlike postm^e, the inhabitants thereof, and to lead and 
conduct them, and Avith them to encounter, repel, resist, 
expel, and pm-sue, by force of anns, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and desti^oy, if necessary, and con- 
quer, by all fitting wa^'S, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any tmie hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this conmion wealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
laAv-martial, in time of war or invasion, and also in time 
of rebellion, declared b}'^ the legislature 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 



CO:\LMOXWEALTH OF ^MASSACHUSETTS, 21 

granted, or hereafter to be gmnted to him by the legis- 
latui-e, transi^ort an}' of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, Avithout theii* free and voluntary consent, or the con- 
sent of the general court ; except so fiir 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 oli'ence.s, except such Governor and 
as persons may be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by ^*'=^p'> «'*=• 
and with the advice of council ; but no charter of par- 
don, granted by the governor* with advice of the council 

before conviction, shall avail the partA' pleadin<; the same. But not before 

.•,i,i' 1 *j»i*~ • CDnviction. 

notwithstanding any general or particular expressions 109 Maes. 323. 
contained therein, descriptive of the offence or offences 
intended to Ix' ])ardoned. 

IX. All judicial officers, [the attorney-general,] the judicial oai- 
solicitor-gcneral, [all sheriffs,] coroners, [and registers of nomiimted''a'*n'd 
probate,] shall be nominated and appointed by the gov- K'o'rprotwone 
ernor, bv and Avitli the advice and consent of the council ; n^ to election 

J ••111 1 ' attorney- 

and everv such nomination shall be made bv the jjovernor, general, see 

J ■,' , ■, T . , ' P amendmente, 

and made at lea>t seven days prior to such a})pointment. Art. xvii. 

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

X. The captains and subalterns of the militia shall be Miutia officers, 
elected by the written votes of the train-band and alarm umiLtionof 
list of their respective companies, [of twenty-one years bf.Vme"n'if. °"* 
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 their rank. *^°°®'^- 

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

The maior-o^enerals shall be aiipointed bv the senate and Major-generais, 

•1 x» 1^' 1 I • " • how appointed 

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

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

And if the electors of brigadiers, field officers, captains vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc! '"^''***' 



22 



CONSTITUTION OF THE 



OflBcere duly 
commiBBioned, 
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 command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in com*t- 
martial, pursuant to the laws of the commonwealth for the 
time being.] 

The commanding officers of regiments shall appoint 
their adjutants and quartermasters : the brigadiers their 
brigade-majors ; and the major-generals their 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 common- 
Avealth shall ap})oint, 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 laAV. 

XI. 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 necessar^^ defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves 
of the general court. 

XII. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in ever}^ tliree 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 theu' appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectivel}^ ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as ma}^ be ; together with the condition of such forts 
and garrisons ; and the 



said commanding officer shall 



COMMONWEALTH OF :^IASSACHUSETTS. 23 

exhibit to the governor, when required b}^ 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 respectiveh'. 

XIII. As the public good requires that the governor salary of 
should not be under the undue influence of any of the soyernor. 
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 chainicter of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, anqily suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- salaries of j«6. 

... J. , • T • 1 i. tices of supreme 

lished by law for tiie justices of the supreme judicial com-t. judicial court. 
And if it shall be found that any of the salaries afore- saiadestobe 

,.,1 . ... "^1 iiii- J.' enlarged if 

said, SO established, are msulhcient, they sliall, from time insufflcieut. 
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, utie and quaii- 
whose title shall be — His Honor; and who shall be amendraentsr 
qualified, in point of [religion,] [property,] and residence xxxiv"'*"''^ 
in the commonwealtli, 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/Sty^ro- 
be found to have a majority of all the votes retiu-ned, the ^'j^^^dment's, 
vacancy shall be filled by the senate and house of repre- Art. xiv. 



24 



CONSTITUTION OF THE 



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



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

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
alwa3^s be a member of the council, except when the chair 
of tlie governor shall be vacant. 
Lieutenant- jjj Whenever the chair of the governor shall be 

governor to be o 

acting governor, yacant, bj rcasou of his death, or absence from the com- 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this con- 
stitution the governor is vested Avith, when personally 
present. 



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, 
Avhom the governor, for the time being, shall have full 
poAver and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the atfairs of the commonAvealth, accord- 
ing to the laAvs of the land. 

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday in May, by the joint ballot of 
the senators and representatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the Avhole number of nine persons Avho Avill 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 A'car. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

IH. The councillors, in the civil arrangements of the Rank of 

' • 1 T i i. councillors. 

commonwealth, shall have rank next alter the lieutenant- 
governor. 

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

L . 1 . Ill have more than 

out of anv one district ot this commoinvcaltli.J two. 

Superseded by amendments, Art. XVI. 

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

• hou.se of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI "Whenever the office of the governor and licutcn- council to eser. 

, ,, , , , ^ /» 1 i.1 I cise the power 

ant-governor shall be vacant, by rea.son oi death, aa^ence, ofKovemorin 
or othci-Avisc, then the council, or the major part of them, «='^»«>«*<=- 
shall, during such vacancy, have full jiower and authority 
to do, and execute, all and every sudi acts, matters, and 
things, as the governor or the lieutenant-governor might 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally ])rc.-<ent. 

VH. rAiul whereas the elections ai)i)oint('d to be made. Elections may 

,."-.. 11, TT- 11 • AT be adjourned 

by this constitution, on the last u ednesday in .May annu- until, etc. 
ailv, by the two houses of the legislature, may not be 
completed on that dav, the said elections mav be adjourned 
from dav to dav until the same shall be completed. And ^,^J«/,,S°by 
the order of elections shall be as follows : the vacancies in ^^^'J^^^^i'^^-^j 
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. 
Akticle I. [The secretary, treasurer and receiver- secretary, etc., 

, L . "i J. ' ^u^• JT by whom and 

genei-al, and the commissary-general, notaries public, and J how chosen. 
naval officers, shall be chosen annually, by joint ballot of fo^eiSTof*^ 
the senators and representatives in one room. And, that urer^In'/re'^""' 
the citizens of this commonw^ealth may be assured, from ^^^"«;„f,XTand 
time to time, that the moneys remaining in the public f/^''™^^-!^"^^. 
treasury, upon the settlement and liquidation of the pub- me^s. 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 3'ears 
successivel3^ 

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

II. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct 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. XXXVn. 



Pro^^sion6 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 diflerent provision made in this constitution : 
provided, nevertheless, tlie governor, with consent of the 
council, mav 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 an}^ justice of the peace who 
shall fail of discharging the important duties of his office 
with abilit>^ or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
vears from their respective dates ; and, upon the expira- 
tion of an}^ commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

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



COMMOXAYEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^*"c"e^*^nd 

all ai^peals from the judo^es of probate, shall be heard and alimony. 
1 -11 1 •' J^ i ' .,11. Other pro- 

determined by the governor and council, until the legis- ^■iBions made 

lature shall, by law, make other provision. ids KTasB. 327. 

116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The deleo^ates of this commonwealth to the consrcss of Delegates to 
the United States, shall, some time in the month of June, 
annualh', 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 
jVIonday in November then ne.xt ensuing. Thcv shall 
have commissions under the iiand of the jrovernor, and 
the great seal ot the commonwealth ; but may be recalled 
at any time within the year, 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. AVhereas our wise and pious ancestors, so Harvard 
earW as the vear one thousand six hundred and thirty-six, ^°"*'2®- 
laid the foundation of Harvard College, in Avhich 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 employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of powers, pnvi- 
Harvard College, in their corporate capacity, and ihfpretuient 
their successors in that capacity, their ofiicers and ser- confi^rmel.^' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which the}^ now have, or are entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc., 
confirmed. 



Who shall be 
overseers. 

See Statxites, 

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 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, and to their officer-s and servants, respectively, 
forever. 

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

HI. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, con- 
stituted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said ffov- 
crnor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, theu' 
successors, who, with the president of Harvard College, 
for the time being, together Avith 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 makinsf 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMONWEALTH OF ^LiSSACHUSETTS. 29 

CHAPTER .V. 

Section H. 

TJie Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diflused gen- Duty of legisiat- 
erally among the body of the people, being necessary for ieuatesln'Tif" 
the preservation of their rights and liberties ; and as these ror'furtherpro- 
depend on spreadino; the opportunities and advantaijes of visicneasto 

^..^ S 11 C public schools, 

education in the various parts oi the countr}', and among seeamend- 
the difierent orders of the people, it shall be the duty xviii. 
of legislatures and magistnites, in all future periods of 503^^^°'"*^''" 
this commonwealth, to cherish the interests of literature 102 irass. 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 inmiunities, 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 humanity and 
general benevolence, public and i)rivate charity, industry 
and frugality, honesty and punctualitj' in thek" dealings ; 
sincerity, good humor, and all social aflections, 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. [An}'- person chosen governor, lieutenant- Oaths, etc. 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

"I, A. B., do declare, that I believe the Christian reli- Abolished, see 

t 1 r. . /. . , , amendments, 

gion, and have a lirm persuasion 01 its truth ; and that I Art. vu, 
am seised and possessed, in my own right, of the propertj'^ 
required b}'' the constitution, as one qualification for the 
office or place to which I am elected." 

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



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



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



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



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

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
Avill defend the same against traitorous conspiracies and all 
hostile attempts Avhatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jm*isdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spiritual, within this com- 
monwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do fiu-ther testify and declare, that 
no man or 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 my 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 



COISOIONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, ["/rfo 
swear" " and abjure^"" *' oath or" " and abjuration" in the 
first oath, and in the second oath, the words] ' ' sivear 
and," and [in each of them] the words " So help me, 
God;" subjoining instead thereof, " This I do nnder the 
jMins and 2)enalties of perjury." 

And the said oaths or affirmations shall be taken and affirmations 
subscribed by the governor, licutenant-ijovernor, and coun- how adminis- 
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, lieutrnunt-governor, or judge of the Plurality of 
supreme judicial court, shall hokl any other office or place, hibUed^uTgov- 
under the authority of this commonwealth, except such as exceptretc'. 
by this constitution they are admitted to liold, saving that mentr^rt. 
the judges of the said court may hold the offices of justices ^'^'^' 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
an}' other state or government or poAver whatever. 

Xo person shall be ca})able of holding or exercising at i^®en'^5^|°'- 
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, Avhicli 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. 

Ko person holding tlie office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- F?r*^further pro- 
general — treasurer or receiver-general — judge of probate rncompruwe 

— commissary-general — [president, professor, or instruc- a^^gudj^ents 
tor of Harvard Collcijel — sheriS' — clerk of the house of Art. viii. ' 

o J Officers of Har- 

representatives — register of probate — register of deeds vardooUege 

— clerk of the supreme judicial 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 
officeB, 



Bribery, etc., 
diBqualiiy. 



Value of money 
ascertained. 



Property quali- 
fications may 
be increased. 
See amend- 
ments, Arts, 
Xni. 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 Mass. 59. 

2 Mass. 53i. 

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 com't, 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 an}'^ 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 mone}^ are mentioned 
in this constitution, the value thereof shall be computed 
in silver, at six shillings and eight pence per ounce ; and 
it shall be in the power of the legislature, from time to 
time, to increase such qualifications, as to propert}^ of 
the persons to be elected to offices, as the circumstances 
of the commonwealth shall require. 

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

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
Avealth of Massachusetts ; they shall be under the seal of 
the court from whence the}'^ 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 b}^ 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 ^vrit 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 J^ljf/"^*'""* 
acts, statutes, and laws, shall be — "Be it enacted by the 
Senate and Hou.se of liepresentatives in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no failiu-e of justice, or officers of 
danger arise to the commonwealth from a chance of the me^t^conunued 
form of government, all officers, civil and military, hold- "° ''**=• 
ing commissions under the government and people of 
Massachusetts Bay in Xew England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all coiu-ts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and Icgi-^lative officers, bodies, and 
powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments and authority ; 
until the general court, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, poAvers, and authority. 

X. [In order the more eflectually to adhere to the Provieionfor 
principles of the constitution, and to correct those viola- Btuution!'""' 
tions which by any means may be made therein, as well p^o^tsiouaf to 
as to form such alterations as from experience shall be g^^am^nX^"' 
found necessary, the general court which shall be in the ments, Art. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the seveml 

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

And if it shall appear, by the returns made, that two- Provieionfor 
thirds of the qualified voters throughout the state, who Btuutumr"' 
shall assemble and vote in consequence of the said 'pre- 
cepts, are in favor of such revision or amendment, the 
general coiu'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 and 
publisliingthis 
constitution. 



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



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



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



Proviso. 

112 Mass. 200. 



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



ARTICLES OF AMENDMENT. 

Article I. If any bill or resoh'e shall be objected to, 
and not approved by the governor ; and if the general 
coiu't shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereby prevent his returning it with his objections, 
as provided b}^ 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 coni- 
mouAvealth, and to gTant 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 retm^ning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made b}' such municipal 
or city government, shall be subject, at all tmies, to be 
annulled by the general com*t. 

Art. III. Every male citizen of twenty-one years of 
age and upwards, excepting paupers and persons under 
guardianship, who shall have resided within the common- 
wealth one year, and within the town or district in which 
he may claim a right to vote, six calendar months next 
preceding an}^ 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- L^^^J'-^^?-. 
ins: such election, have been assessed upon hmi, in any 597. 

o ' 1 ' •/ 124 Mass 596 

town or district of tliis commonwealth; and also every For educational 
citizen who shall be, by law, exempted from taxation, gecTamTnd!"' 
and who shall be, in all other respects, qualified as above Fo^provL^'^' 
mentioned,] shall have a right to vote in such election of ^ave senedTn ° 
governor, lieutenant-£:overnor, senators, and representa- the army or 

o ' o in '11 • navy in time 

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

, ■■ . aiueiidments, 

such election. Arts.xxviii. 

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

Art. IY. Notaries ])ublic shall be appointed by the Notaries puuic, 

.1 . T . , ,,. " how appointed 

governor in the same manner as judicial omcers 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 ^^e1it"!ut'. 
legislature. xxxvii. 

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

1,1 1 n 1 f I' J ' offices of secre- 

monwealth shall become vacant irom any cause, dm-ing tary and treas- 
the recess of the general court, the governor, with the TWsciause"^*^" 
advice and consent of the council, shall nominate and ame^Jdme^^tJ'^ 
appoint, under such regulations as mav be prescribed An. xvii. 
by law, a competent and suitable person to such vacant 
office, Avho shall hold the same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall g^^^l^mJybe 
require the appointment of a commissary-fjencral, he shall appointed, lu 

, . T . 1 1 . . ^-t . I 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 Mmtia offlcers, 

, -i rt fl? • 1 J 1 1 • how removed. 

may be removed irom office m such manner as the legis- 
lature ma}^ by law, prescribe. 

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

Art. VI. Instead of the oath of allegiance prescribed byl^/offldrs.^" 
by the constitution, the folio wino- oath shall be taken and fS^^rT^\'^ t 

•^ . ' o ^ Ch. VI., Art. I. 

subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

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



36 CONSTITUTION OF THE 

Quakers may Providecl, That when any person shall be of the denomi- 

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

he shall make his afBrmation 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." 
TeetB abolished. Art. VII. No oatli, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of oiBce, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
SoZfes"^""^ Art. VIII. No judge of any court of this common- 
122 Mass. 445, wealth, (cxccpt the com't of sessions,) and no person 
i23'Ma6B. 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 an}'' court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, 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 an}^ 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. 
^™^°fu«onf *° Art. IX. If, at an}^ time hereafter, anj^ 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-thu-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 general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thu-ds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



COMMOXAVEALTPI OF MASSACHUSETTS. 37 

amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 
fied voters, voting thereon, at meetinirs 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 Doliticul 

Wednesday of Januarv, 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 i)roceed, 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 AVednesday of May. And the general court shall be tjjfn"*^ *"'"^°*' 
dissolved on the da}' next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained .shall prevent 
the general court from assembliiiir at such other times as 
the}'' shall judge neces.sary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, .shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meetino- for the choice of ofovernor, lieutenant- Meetings for the 

L o .^ I n , 1 1 1 choice of gov- 

ffovernor, senators, and representatives, .shall be held on emor.iieuteu- 

i 1 1 -\ r 1 r- -vT , • 1 . ant-governor, 

the second Monday ot JSovember m every year; but etc., when to be 
meetings may be adjourned, if necessary, for the choice ThiVcL-mse 
of representatives, to the next day, and again to the next um^et'draemay 
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 ^'^o\uto^®° 
October, next folloAving 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 oflicers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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



122Ma6B.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. 



the following modification and amendment thereof 



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 vu*tue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

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

Art. XI. Instead of the third article of the bill of 
rights , 
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 mone}'' for erecting and repairing houses for public 
Avorship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file Avith the clerk of such 
society a Avritten 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. Xn. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equalit}^ 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 Mav, in the year of our Lord 
one thousand eight hundred and thirty-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 ^L\SSACHUSETTS. 39 

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

Any town having less than three hundred ratable polls toivtib having 
shall be represented thus : The whole number of ratable ratabij'poiis, 
polls, at the last preceding decennial census of polls, shall eented!^'^'^ 
be multiplied by ten, and the product divided by tlu-ee 
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/prelemed^^ 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by nmltiplying such surplus number 
by ten and dividing the i)roduct 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 moie of the several towns and districts Towns may 
may, by consent of a majority of the legal voters present ge"nuthx^df8^*** 
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 detemiine, The governor 
within the months of July and August, in the year of our d"fenninc"h^ 
Lord one thousand eight hundred and thirty-seven, accord- re^sTntam-es to' 
ing to the foregoins: princiiiles, the number of representa- which each 

. ^ I'll- 1 . ^ T . town IS entitled. 

tives, which each city, town, and representative district 

is entitled to elect, and the number of 3'^ears, within the 

period of ten years then next ensuing, that each city, 

town, and representative district may elect an additional 

representative ; and where any town has not a sufficient 

number of polls to elect a representative each year, then, 

how man}' years within the ten years, such town may elect 

a representative ; and the same shall be done once in ten New apportion- 

years, thereafter, by the governor and council, and the ^aceinev^y^^ 

number of ratable polls in each decennial census of polls, ^°y^*"- 

shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and wlien 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. 
provL^onr* All the provisions of the existing constitution incon- 

annuiied. sistcut witli the provisious herein contained, are hereby 

wholly annulled.] 
£buaut°8^l"be Art. XIII. [A census of the inhabitants of each city 
taken in 1840 .^,^(j town, ou the first dav of Mav, shall be taken, and 

and decennially ; - -^ ' ^ i i 

thereafter, for returned luto the secretar3''s omce, on or before the last 
Bentation. day of Juuc, of tlic ycar one thousand eight hundred and 
cenJus'super- ° forty, and of every tenth year thereafter ; which census 
mentil^Art^s!"*^' shall determine the apportionment of senators and repre- 
xxi.andxxn. geutativcs for the term of ten years. 122 Mass. 595. 

wcfs* declared The scvcral senatorial districts now existing shall be 
permanent. i^emianent. The senate shall consist of fortv members ; 

Provisions as to i. . ^ " i r> 

Benators super- and iu tlic year one thousand eight hundred and forty, 

ments.Ait. and cvcrv tenth vear 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 

assiofned to each district. 

^ntatlves'Zw' The mcmbcrs of the house of representatives shall be 

apportioned. ai)nortioned in the followino' manner : Every town or city 

Provisions aBto^-^.. it-ii" i 

representatives Containing twclvc huudrcd inhabitants may elect one rep- 
mnen'dme^uts/ rcscntativc ; and two thousand fom* hundred inhabitants 
Art. XXI. .shall be the mean increasing number, which shall entitle 

it to an additional re})resentative. 
h^w'iep^"^' Every town containing less than twelve hundred inhab- 

sented. itauts shall be entitled to elect a representative as many 

times within ten ^^ars 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, 
unire^nto"^ Any two or more of the several towns may, by consent 

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



COMMONWEALTH OF MASSACHUSETTS. 41 

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

The number of inhabitants which shall entitle a town Basiaof 
to elect one representative, and the mean increasing num- Ind'^^atk)*©'/""* 
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, b}^ 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 L'dc^u^nciUo 
council shall, before the first day of September, ajiportion number""/^^ 
the number of representatives which each city, town, and representatrvea 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, an}^ 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 annuall}^ chosen from among Councillors to 
the people at large, on the first Wednesday of January, theVop'i'e at ™ 
or as soon thereafter as may be, by the joint ballot of the prf^sions as to 
senators and representatives, assembled in one room, who cou"cmor8 

1 _ ' _ ^ ' supersedea by 

shall, as soon as may be, in like manner, fill up an}^ 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 ° <=°"""ii°"' 

term of five years immediately preceding his election ; 

and not more than one councillor shall be chosen from 

any one senatorial district in the commonwealth.] 

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

, ., , ^ ■, . , ~ . ., court or council 

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



42 CONSTITUTION OF THE 

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

lors to be choeen , • , , • p i • i i i • /• t 

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

122 MaBS 595 '^ • • 

598. ' ' for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 

Legislature to thereaftcrwards , shall divide the commonwealth into eight 

dietnct state. ,. . ^ . . . . P 

districts 01 contiguous territorj^ each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or Avard of a city, and each entitled to elect 
one councillor : provided, hoioever, 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 tune, established by the legis- 
detoed."^ laturc. No pcrsou shall be eligible to the office of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of five years inmiediately preceding his elec- 
ne?of°kSfon ^^^^- The day and manner of the election, the return of 
etc. ' the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor. 
Vacancies, how j-^vhenevcr there shall be a failure to elect the full num- 
Fornewpro- ^gj, Qf councillors, thc A^acancics shall be filled in the same 

vision as to , . , ^ r-iT 

vacancies, see manner as IS required for iilling vacancies in the senate ; 

amendments, - . '■ . iiifi in xij.j. 

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

Organization of \^q^ after such vacaucics shall have happened.] And that 
* there may be no delay in the organization of 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 daj^s 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 legislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urerfauditor"^' 
annualljs on the day in November prescribed for the gene^rarby^the 
choice of governor ; and each person then chosen as such, people, 
duly qualified in other respects, shall hold his office for 
the term of one 3'ear from the third AVednesday 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 declamtion of the election, shall be such as are required 
in the election of governor. In case of a failure to elect Vacancies, how 

. • " . filled. 

either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third AVednesday in January next thereafter, from 
the two ])crsons who had the highest number of votes for 
said offices on tlie day in November aforesaid, by joint 
ballot of Iho senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
genei'al, or auditor, or attorneA^-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 occm' at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days ^therwk^o^ce 
after he could otherwise enter upon his duties, to qualify ^^tf^™®^ 
hmiself 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- '^"i^"**- 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pued^for seJta- 
all mone3"s which may be appropriated by the state for Fo?ori^il' 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



Bcboolfl, see 

constitution, 

Part First, Art. 

III. 

12 Allen, 500, 

508. 

103 Mass. 94, 96, 



Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. See 
amendmenls. 
Art. XXXVI. 
SGraj^l. 
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. 
XXIIL, 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 
laAv, for the election of sherijffs, registers of probate, [com- 
missioners of insolvenc}'',] and clerks of the courts, by the 
people of the several counties, and that district-attornej^s 
shall be chosen by the people of the several districts, for 
sucii term of office as the legislature shall prescribe. 

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

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : provided^ liow- 
eve)\ that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying Avitli its retjuisitions, 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 da}^ of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the j^ear one 
thousand eight hundred and fift3"-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of eveiy 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 specif}^ 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 theu' 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- 



COMMOXWEALTH OF MASSACPIUSETTS. 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- secretarj- ehaii 
wealth, to certify, as soon as may be after it is determined cers'authodzed 
by the legislature, the number of representatives to which Aunties. 
each county shall be entitled, to the board authorized to 
divide each county into re})rcsentative districts. The 
maj^or and aldermen of the city of Boston, the county 
commissioners of other counties than Suftblk, — or in lieu 
of the mayor and aldermen of the city of Boston, or of the 
county commissioners in each county other than Sutfolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, — 
shall, on the tirst Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at first TueKiay 
a shire town of their respective counties, and proceed, as Pr^efdhigs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several disti-icts 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 Quaiificationeof 
his election, shall have been an inhabitant of the district i22MlTs!^595f^" 
for which he is chosen, and shall cease to represent such ^^^* 
district Avhen 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 descriiD- de™rU)'ed and 
tion of each, Avith the numbers thereof and the number *=®'^''^- 
of legal voters therein, shall be returned b}^ the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in their respective offices. 
The manner of calling and conducting the meetings for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Xot less than one Quorum, see 
hundred members of the house of representatives shall i"^°ixxrfi 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

Art. XXII. A census of the leo^al voters of each city Census, etc. 

S66 P D C 31. 

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



46 



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 ofiice. 
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 tentJi 
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 enumei*atiou, divide the commonwealth into 
fort}^ districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided, hoicever, 
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 disti-ict. 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 ma}'^ 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 aifect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, 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 vacancieeinthe 
a failiu'e of election, or other cause, the senate and house 
of representatives shall, by conciurent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that ofl5ce. 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, ameudmeate 
which is as follows, to wit: " No person of foreign birth ^'''^^^■ 
shall be entitled to vote, or shall bo eligible to otfice, 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 : jjrovkledy 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 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 Provis^ions^ojt 
of the constitution of this conmionwcalth as relates to per- vi.," reiiting to 
sons holding the office of president, professor, or instructor vardfcoUeger' 
of Harvard College, is hereby annulled. annuued. 

Art. XXVIII. No person having served in the army Superseded by 

/. 1 T-r • 1 rf • • /• 11 • Art. XJOU.. 

or navy ol the United States in time ot war, and having 
been honorably discharged from such service, if otherAvise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

Art. XXIX. The general court shall have full power voting pre- 
and authority to provide for the inhabitants of the towns 
in this commonwealth more than one place of public meet- 
ing within the limits of each town for the election of officers 
under the constitution, and to prescribe the manner of call- 
ing, holding and conducting such meetings. All the pro- 
visions of the existing constitution inconsistent with the 
provisions herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in voters not dia- 
elections for governor, lieutenant-governor, senators, and reLonot ^ 
representatives, shall, by reason of a change of residence dencfunufs^ 
within the commonwealth, be disqualified from voting for g'^e^ofVemwai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTION OF THE 



Ameudments, 
Art. XXVIII. 
amended. 



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



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



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



ProviBlons of 
Art. II., § I., 
Chap. II., Part 
II., relative to 

Eroperty quali- 
cation 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-pa3^nent 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 cverj'" citizen 
who shall be, by law, exempted from taxation, and Avho 
shall be, in all other respects, qualified as above men- 
tioned", is hereby annulled. 

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

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

Art. XXXV. So much of article two of section three 
of chapter one of the constitution of the commonwealth 
as is contained in the following words : " The expenses of 
travelling to the general assembly, and retm^ning home, 
once in everj^ 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 Avithout leave", 
is hereby annulled. 

AiiT. XXXVI. So much of article nineteen of the Amendments, 
articles of amendment to the constitution of the common- iimended." 
wealth as is contained in the following: Avords : " commis- 
sioners of insolvency ", is hereby annulled. 

Art. XXXVII. The governor, with the consent of S'inofficers. 
the council, may remove justices of the peace and notaries 
})ul)lic. 

Art. XXXVIII. Votinor machines or other mechanical ^^^^"s , 

. o machines may 

devices for votins: may be used at all elections under such »>eusedat 

CT^ elections 

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

Art. XXXIX. Article ten of part one of the consti- Ktafu*J,e^^® 
tution is hereby amended by addin<; to it the followino- relative to the 
words : — The legislature may bv special acts for the pur- etc., for ' 

/•I • ., •! . '^ " ^ ■. . i-i widenini' or 

pose ot laying out, widening or relocating highways or relocating 
streets, authorize the taking in fee by the cominon wealth, '^'s'^^^'^J^. «*«• 
or by a county, city or town, of more land and property 
than are needed for the actual construction of such high- 
wa}'^ or street : provided, however, that the land and prop- 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. 

Art. XL. Article three of the amendments to the Amendments, 
constitution is hereby amended by inserting after the tended, 
word " guardianship ", in line two, the following : — and 
persons temporarily or permanently disqualified by law 
because of corrupt practices in respect to elections. 

Art. XLI. Full power and authority are hereb\' given Taxation of wiid 
and granted to the general court to prescribe for wild or °^ °'^^' ^° ^" 
forest lands such methods of taxation as will develop and 
conserve the forest resources of the commonwealth. 



The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to 
the second day of March, 1780, when the convention adjourned to 
meet on the first "Wednesday of the ensuing June. In the mean 
time the constitution was submitted to the people, to be adopted by 



50 CONSTITUTIOX OF THE 

them, provided two-thirds of the votes given should be in the 
affirmative. When the convention assembled, it was found that 
the constitution had been adojjted by the requisite number of 
votes, and the convention accordingly Resolved, " That the said 
Constitution or Frame of Government shall take place on the last 
Wednesday of October next; and not before, for any purjoose, 
save only for that of making elections, agreeable to this resolu- 
tion." The first legislature assembled at Boston, on the twenty- 
fifth day of October', 1780. 

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 9, 1821. 

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

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

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

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

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, 
and nineteenth Articles were adopted by the legislatures of the 
political years 1854 and 1855, respectively, and ratified by the 
peoj^le 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 i-atified by the people on the first day of May, 
1857. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 51 

The twenty-sixth Article was adopted by the legishitures 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 peoi)le 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. 

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

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

The thirty-second and thirty-third Articles were adopted by the 
legislatures of the political years 1890 and 1891, and were 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 people on the eighth day of November, 1892. 

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

The thirty-sixth Article was adopted by the legislatures of the 
political years 1893 and 1894, and was 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 j^eople on the fifth day of November. 1907. 

The thirty-eighth Article was adojited 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. 



52 CONSTITUTIOX OF MASSACHUSETTS. 

The fortieth and forty-first Articles were adopted by the legis- 
latures of the iDolitical years 1911 and 1912, and were approved 
and ratified by the people on the fifth day of November, 1912. 



[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 third day of November, 1896.] 



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. 

Page 

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

removed by governor with consent of council upon, . . 26 

Adjutant-general, appointed by the governor, .... 22 
Adjutants, to be appointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by 

Quakers, 30, 31, 36 

Agriculture, arts, commerce, etc., to be encouraged, ... 29 
Alimony, divorce, etc., ........ 27 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two thirds of 
house present and voting thereon by yeas and nays; en- 
tered upon the journals of both houses, and referred to 
the next general court; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, . . . . 36, 37 

Apportionment of councillors, . . . . 24, 41, 42 

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

Apportionment of senators, . . . . . 13, 40, 46 

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

districts, ......... 46 

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

to the several counties, made on the basis of legal voters, . 44 

Armies, dangerous to Uberty, 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, wliile going to, returning from, or attend- 
ing the general assembly, . . . . . . 18 

Arrest, search and seizure, right of, regulated, .... 7 

warrant to contain special designation, ..... 7 

Attorney-general, to be chosen by the people annually in Novem- 
ber, 21,43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and quaUfied, 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. 



Togo 



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 consent of council, . . 43 

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

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

to hold office for one year from third Wednesday in January 

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

election determined by legislature, ..... 43 

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

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

next preceding election, ...... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, ..... 43 



B. 

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

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

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

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

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

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

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

Body politic, formation and nature of, ..... 3 

title of: The Commonwealth of Massachusetts, . . 10 

Bribery or corruption used in procuring an appointment or elec- 
tion, to disqualify from holding any office of trust, etc., 32 



c. 

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

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

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

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

enumeration of voters to determine the apportionment of 

representatives, ........ 44 



INDEX TO THE CONSTITUTIOX 



57 



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

Civil oflficers, meeting for election to be held annually on the Tues- 
day next after the first Monday in November, . 
whose election is provided for by the constitution to be 
elected by a pluraUty of votes, ..... 

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

Clerks of towns, to make records and returns of elections. 

Colonial laws, not repugnant to the constitution, continued in 
force, . . . . 

Commander-in-chief, governor to be, . 

Commerce, agriculture and the arts, to be encouraged, . 

Commissary-general, appointed and commissioned as fixed by law. 

Commission officers, tenure of office to be expressed in commissions, 

Commissioners of insolvency, elected by the people of the several 
counties; annulled, ....... 

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

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

members of, may not hold certain state offices. 

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, 

Constitution, provisions for revising, ..... 

to be enrolled on parchment, deposited in secretary's office 
and printed in all editions of the laws, 

Coron(»rs, ......... 

Corrupt practices, in elections, relative to the right to vote by per- 
sons disqualified by reason of, .... 

Corruption or bribery used in procuring any appointment or elec 
tion, to disqualify from holding any office of trust, etc.. 

Council, five members to constitute a quorum, 
eight councillors to be elected annually, 

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

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

presence of both houses of assembly, 
to rank next after the lieutenant governor, 
resolutions and advice to be recorded in a register, and signed 
by the members present, .... 

register of council may be called for by either house, 
to exercise the power of governor when office of governor 
and lieutenant governor is vacant, . . . 



Page 



34 

41 

41 
44 
13 

32 
20 
29 
25,35 
26 

44,49 



32 
27 
36 



36,37 
33,36 

34 
21 



49 

32 

24 

24,42 

42 

29 
25 

25 

25 

25 



58 



INDEX TO THE CONSTITUTION. 



Page 

Council, no property qualification required, ..... 41 

eight districts to be formed, each composed of five contiguous 

senatorial districts, ....... 42 

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

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

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

Court, superior, judges not to hold certain other offices, . . 36 
Court, supreme judicial, judges to have honorable salaries fixed 
by standing laws, and to hold office during good be- 
havior, 9, 23 

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

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

Courts, clerks of, elected by the people of the several counties, . 44 
Courts, probate, provisions for holding, ..... 26 

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

Courts and judicatories may be established by the general court, . 11 

may administer oaths or affirmations, . . . .11 

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

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

D. 

Debate, freedom of, in the legislature, ..... 8 

Declaration of the rights of the inhabitants, .... 4 

Declaration and oaths of officers; tests abolished, . . 29, 35, 36 

Delegates to congress, ........ 27 

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

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

senatorial districts, ....... 42 

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

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

Divorce, alimony, etc., . . . . . . . .27 

E. 

Educational interests to be cherished, ...... 29 

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

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

in case of failure to elect representative, meeting to be held 

on fourth Monday in November, . . . . . 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, established, ...... 33 

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

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

Ex post facto laws, declared unjust and oppressive, ... 9 

F. 

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

Fines, excessive, not to be imposed, ...... 9 

Forest lands, taxation of, . . . . , . . .49 

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 ad\ice of council, 10, 19, 37 
may constitute and erect judicatories and coui-ts, . . 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, 49 

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 prevaifing, . . . . . .19, 20 



60 



INDEX TO THE CONSTITUTION. 



General court, judicial officers may be removed upon address of, 
person convicted of bribery, not to hold seat in, 
may increase property qualifications of persons to be elected 
to oflBce, ........ 

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

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

to elect major generals by concurrent vote, 

empowered to charter cities, ...... 

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

to prescribe by law for election of sheriffs, registers of probate 
and commissioners of insolvency by the people of the coun- 
ties, and district attorneys by the people of the districts, 
quorum, to consist of a majority of members, 
powers of, relative to the taking of land, etc., for widening or 
relocating highways or streets, ..... 

Government, objects of, ....... . 

Government by the people, as a free, sovereign and independent state. 
Governor, the supreme executive magistrate, styled, — The Gov- 

with the 



26 
32 

32 
31 

20 
21 
34 

41,42 



44 

48 

49 

3,5,6 

5 



ernor of the Commonwealth of Massachusett 
title of, — His Excellency; elected annually, 

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

term of office, ...... 

should have an honorable stated salary, 

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

to appoint the adjutant general, ..... 

may call together the councillors at any time, 

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

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

to sign all commissions, ...... 

election determined by the legislature, .... 

veto power, ........ 

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

vacancy in office of governor and lieutenant governor, powers 
to be exercised by the council, .... 

with advice of council, may adjourn or prorogue the legisla 
ture upon request, and convene the same, 

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, ..... 

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



18 

36,48 

37 

23 

20,21 
22 
19 
31 

31 

32 

42,43 

10 

24 

25 

19 



19 



21,35 



INDEX TO THE COXSTITUTIOX. 61 

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

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

with consent of council, may remove judicial officers, upon 

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

may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, . . 17, 18 
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 convej-- 

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, . , . . .17,41,4.5 

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, ...... 4,5 

members not to be arrested on mesne process during going 

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

the grand inquest of the commonwealth, . . 17 

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

concur with amendments, . . . . . .17 

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

quorum of, 17, 45, 48 

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

may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc.; trial may be by committee, 17, 18 



62 INDEX TO THE CONSTITUTION. 

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

may require the attendance of secretary of the commonwealth 

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

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

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

first Monday of November, . . .41 

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

Monday of November, . . . 41, 42 

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

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

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

board authorized to divide county into districts, to be certi- 
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 established by the general court, . 11 
may administer oaths or affirmations, . . . . .11 

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



INDEX TO THE CONSTITUTION. 63 

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 alimony, 27 



64 



INDEX TO THE CONSTITUTION. 



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

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

Military power, subordinate to civil authority, .... 8 

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

the limits of the state, ....... 21 

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

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

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

brigadiers, elected by field officers, ..... 21 

major generals, elected by senate and house of representatives 

by concurrent vote, . . . . . .21 

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

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

officers commissioned to command may be removed as may 

be prescribed by law, . . . . . . . 22, 35 

appointment of staff officers, ...... 22 

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

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

shillings and eight pence per ounce, .... 32 

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

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

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

Moral qualifications for office, ....... 8 



N. 

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 

30,36 

35 

3,6 

7 

32 

6 



Quakers may affirm, ...... 

to be taken by all civil and military officers, . 
Objects of government, ...... 

Offences and crimes, prosecutions for, regulated, . 

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

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

all persons having the prescribed quaUfications equally eli' 
gible to, ....... . 



INDEX TO TPIE CONSTITUTIOX. 



65 



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

of, 

Officers, commission, tenure of office to be expressed in commis- 
sions, ... 
Officers, judicial, to hold office during good behavior, except, etc 
may be removed by governor, with consent of council, upon 
the address of both houses of the legislature, 
Officers of former government, continued, 
Officers of the militia, election and appointment of, 

removal of, . . . 

Officers and magistrates, accountable to the people, 
Offices, plurality of, prohibited to governor, heutenant governor 

and judges, 

incompatible, '31 

Organization of the militia, ... " ' ' 

P. 

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

not before conviction, .... 
People, to have the sole right to govern themselves as a free, sover 
eign and independent state, .... 
have a right to keep and to bear arms for the pubhc defence, 
have a right to assemble to consult upon the common good, to 
instruct their representatives, and to petition legislature, 
Person and property, remedy for injuries to, should be in the laws 

Petition, right of, 

Plantations, unincorporated, tax-paying inhabitants may vote for 
councillors and senators. 

Plurality of offices, 

of votes, election of civil officers by, . 
Political year, begins on the first Wednesday of January, 
Polls, ratable, census of, . . . 

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

for, ... 
Probate courts, provisions for holding, . ' 

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

judges may not hold certain other offices. 
Property qualification, may be increased by the legislature, 

partially abolished, 

of governor, annulled, ..... 
Prosecutions for crimes and offences regulated. 
Provincial laws, not repugnant to the constitution, continued in 
force, ..... 



Page 

44 

11 

26 
26 

26 

33 

21 

22,35 

5 

31,36 

32,36 

22 



21 

6 



14 
31 
41 
37 
38 
3 



6 
26 
,44 
36 
32 
41 
48 
7 



32 



66 INDEX TO THE CONSTITUTION. 



Page 



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 

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

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

Q. 

Quakers, may make affirmation, . . . . . . . 30, 36 

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

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

Qualification, property, of governor, abohshed, . . . .48 

Quahfication, property, partially abolished, ..... 41 

Quahfications, of a voter, . . . .13, 17, 34, 44, 46, 47, 48, 49 



of governor, 

of lieutenant governor, 

of councillors, 

of senators, 

of representatives. 



18, 43, 48 

23, 43, 48 

. 41,43 

15, 40, 46 

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 

Rehgious sect or denomination, no subordination of one to another 

to be established by law, . . . . . 5, 38 

Rehgious societies, may elect their own pastors or rehgious teachers, 5, 38 

membership of, defined, ....... 38 

Rehgious worship, public, 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 constitution provided for in the year 1795, ... 33 

Rights, declaration of, ....... . 4 

s. 

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

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

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

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 
if not sufficient, . . . . . . . . 9, 23 

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

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

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

in November, . . . . 25, 43 

to hold office for one year from third Wednesday in January 

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

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

vacancy occurring during session of the legislature, filled by 

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, ..... 43 

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

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

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

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

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

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 THE 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 quaUfications 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 territory, and to 

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

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

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

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

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

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

Soldiers and sailors, who have served in time of war, etc., not dis- 

quaUfied from voting on account of non-payment of poll tax, 48 
SoUcitor-general, . .21 

Standing armies, dangerous to liberty and not to be maintained 

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

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

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, 49 

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

years, .......... 12 

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

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

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

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

Title of governor to be, — His Excellency, ..... 18 

Title of Ueutenant 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, . . 10, 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 eUgible 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 within ten days, ..... 43 

Treasm-y, 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 

V. 

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 liighest 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, 49 
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 
montlis, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can wTite 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. 

Wild or forest lands, taxation of, ..... 

Worship, public, the right and duty of all men, 

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 Umited time, 
Writing and reading, necessary qualifications for voting, or hold 

ing office, ........ 

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, ....... 



Page 

49 

4 



32 



44 



32 



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



37 



ACTS AND RESOLVES 



MASSACHUSETTS. 



1913. 



EPThe General Court of the year nineteen hundred and thirteen assembled 
on Wednesday, the first day of January. The oaths of office were taken and 
subscribed by His Excellency Eugenk N. Foss and His Honor David I. 
Walsh, on Thursday, the second day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



Chap. 



An Act making appropriations for the compensation 
OF the members of the general court, for the com- 
pensation of certain officers thereof and for 
expenses in connection therewith. 

Be it enacted by the Senate and House of Rcpre.tentatircs 
in General Court assembled, and by the authority of the 
same, as follows: 

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

For the compensation of senators, forty-one thousand ^n^tfon!'°™' 
dollars. 

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

For the compensation of re])resentatives, two hundred Jlver^m-' 
and forty-one thousand dollars. pensation. 

For compensation for travel of representatives, a sum Travel, 
not 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 the Assistant 
senate, twenty-five hundred dollars. Ln'ate. 

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 cierkofthe 
of representatives, thirty-five hundred dollars. °^^' 

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

For such additional clerical assistance to the clerk of the clerical 
house of representatives as may be necessary for the proper ^^^^^^^'^- 



Acts, 1913. — Chap. 1. 



Chaplains. 



Doorkeepers, 
etc. 



Assistant 

doorkeepers, 

etc. 



Pages. 



Printing and 
binding. 



Manual. 



Senate 
stationery. 

House 
stationery. 

Contingent 
expenses. 



Expenses of 
committees. 



Advertising 
hearings. 



Witness fees, 
etc. 

Publication of 
bulletin. 



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

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

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

For the comi)ensation of assistant doorkcepci*s 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 conciu-rent order of the two branches, 
a sum not exceeding fifty-five thousand dollars. 

For printing and binding the manual for the general 
com*t, under the direction of the clerks of the senate and 
house of representatives, a sum not exceeding fifty-four 
hundred 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 exjienses of the senate and house of rep- 
resentatives, and necessary expenses in and about the state 
house, a sum not exceeding eighty-three hundred and fifty 
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 sixty- 
five hundred dollars. 

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

Approved January 8, 1913. 



Acts, 1913. — Chaps. 2, 3. 



An Act making an approppjation for the compensation Chajj 2 

AND EXPENSES OF THE ELECTORAL COLLEGE. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding eight hnndrcd dollars Eiertorai 
is hereby appropriated, to he paid out of the treasury of exi.cu^3, etc. 
the commonwealth from the ordinary revenue, for the 
compensation and expenses of the electoral college. 

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

Approved January 13, 1013. 



Chap. 



An Act to change the designation of the loan ait- 
thorized for the construction of an asylum at the 
grafton colony. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter six hundred "ind ^^/.^l^ji^'ll ^ ^^ 
seventy-nine of the acts of the year nineteen himdred and 
twelve is hereby amended by striking out the words "Graf- 
ton Hospital Loan", in the twelfth line, and inserting in 
place thereof the words: — Prisons and Hospitals Loan, — 
so as to read as follows: — Section 5. To provide for the Prisons and 
expenses connected with the construction of said l)Liildings Loan.'e'tc, 
at the Grafton colony as authorized by this act, the treas- 
urer and receiver general is hereby authorized, with the 
approval of the governor and council, to issue from time to 
time bonds or certificates of indebtedness to an amount not 
exceeding in the aggregate four hundred thousand dollars. 
Such bonds or certificates of indebtedness shall be payable 
in annual proportionate payments within five years from 
the respective dates of issue, and shall bear interest at a 
rate not exceeding four per cent per anmmi, payable semi- 
annually. They shall be designated on the face thereof as 
the Prisons and Hospitals Loan, shall be countersigned 
by the governor, shall be deemed a pledge of the faith and 
credit of the commonwealth, and the principal and interest 
thereof shall be paid at the times specified therein in gold 
coin of the United States or its equivalent. Such bonds or 
certificates of indebtedness shall be disposed of by public 
auction, or in such other manner, and at such times and 
prices, and in such amounts, and shall bear such rates of 
interest not exceeding four per cent per annum, as shall be 
deemed best for the commonwealth ; but they shall not be 



6 



Acts, 1913. — Chap. 4. 



Payment of 
loan. 



sold at less than the par value thereof. The proceeds of the 
sale of said securities, together with the proceeds of the 
sales of the real estate now occupied by the Worcester state 
asylum, shall be credited by the treasurer of the common- 
wealth to a fund to be called the Grafton Hospital Fund, 
and from said fund shall be paid the expenses incurred in 
connection with the construction of said buildings at the 
Grafton colony. The amount required to pay the interest 
on said bonds or certificates of indebtedness and the annual 
payment on account of the principal thereof shall be raised 
by taxation from year to year. Any excess in the receipts 
from such sale of real estate above the amounts needed for 
construction at the Grafton colony shall be applied to the 
payment of the interest and principal of the bonds hereby 
authorized. 
Section 2. This act shall take effect upon its passage. 

Approved January 14, 1913. 



Appropria- 
tions. 



Chap, 4 An Act making appropriations for salaries and ex- 
penses IN the executive 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 salaries and expenses in the 
executive department, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and thirteen, 
to wit : — 

For the salary of the governor, eight thousand dollars. 

For the salary of the lieutenant governor, two thousand 
dollars; and for salaries of the council, eight thousand 
dollars. For travelling expenses of the council, a sum not 
exceeding one thousand dollars. 

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

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

For the salary of the present stenographer, a sum not ex- 
ceeding eighteen hundred dollars. 

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

For the salary of the messenger, twelve hundred dollars. 



Governor. 

Lieutenant 
governor and 
council. 

Travelling 
expenses. 

Private 
secretary. 



Executive 
secretary. 

Stenographer. 



Clerk. 



Messenger. 



Acts, 1913. — Chap. 5. i 

For the salary of tlie assistant messenger, one thousand mei^nger. 
dollars. 

For contingent expenses, a sum not exceeding three Contingent 
thousand dollars. "^^"^'■ 

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

For travelling and contingent ex]ienses of the governor Travelling 
and council, a sum not exceeding twenty-five hundred dollars. ^''*^"'*''' 

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

For payment of extraordinary exi^enses, to be expended f^^^a]^^^ 
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 

■ ,,r>,i , 1 • , indexes to 

statutes oi the present year and previous years, a sum not statutes. 
exceeding six hundred dollare. 

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

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

Approved January 22, 1913. 



An Act making appropriations for salaries and ex- (^/^q^? 
penses in the department of the treasurer and 
receiver general. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasmy 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 thirteen, 
to wit: — 

For the salary of the treasurer and receiver general, five Treasurer 
thousand dollars. l^L^"'"'^' 

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

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

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

For the salary of the receiving teller, eighteen hundred ^ff^f^''^^ 
dollars. 

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



8 



Acts, 1913. — Chap. 6. 



Assistant 
paying teller. 

Cashier. 

Assistant 
bookkeeper. 

Fund clerk. 

Additional 
clerk, etc. 

Warrant clerk. 



Record clerk. 
Stenographer. 

Messenger. 

Clerical 
assistance. 



Incidental 
expenses, etc. 



Additional 
expenses. 



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

For the salary of the cashier, twcnty-tAvo 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 warrant clerk, twelve hundred 
dollars. 

For the salary of the record clerk, one thousand dollars. 

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

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 
forty-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 act 
imposing a tax on collateral legacies and successions, a sum 
not exceeding five hundred dollars. 

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

Ajrproved January 22, 1913. 



Chap. 6 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 thirteen, to wit: — 

For the salary of the auditor, five thousand dollars. 

For the salary of the deputy auditor, four thousand dol- 
lars. 

For the salary of the second deputy auditor, twenty-five 
hundred dollars. 

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



Appropria- 
tions. 



Auditor. 

Deputy- 
auditor. 



Second deputy 
auditor. 



Supervisor of 
accounts. 



. na- 
board of 
registration in 



Acts, 1913. — Chaps. 7, 8. 9 

For the salary of the first clerk, twenty-five hundred F'^tci^rk. 
dollars. 

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

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

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

For the salary of the state printing expert, a sum not ^J'"[i°" 
exceeding fifteen hundred doUare. 

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

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

Approved January 22, 1913. 

An Act making appropriations for the board of regis- (jjidy 7 

TRATION IN pharmacy. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Approp 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the salaries and expenses of pi»'i""acy 
the board of registration in pharmacy, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and thirteen, to wit: — 

For the salaries of the members, thirty-one hundred ^^•=>"«3- 
dollars. 

For travelling and other expenses of the members, a sum Travelling 
not exceeding seventeen hundred and twenty-five dollars, ^'^i^^^^' 

For salaries and expenses of the agent, a sum not exceed- Agent. 
ing twenty-four hmidred dollars. 

For a stenographer, witness fees and incidental and stenographer, 
contingent expenses, to include printing the annual report, 
a sum not exceeding two thousand dollars. 

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

Approved January 22, 1913. 

An Act making appropriations for the board of regis- (^/^^^j 8 
tration in veterinary medicine. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria"- 
priated, to be paid out of the treasury of the commonwealth of^res^i^tratfon 
from the ordinary revenue, for the salaries ^nd expenses of j^edldnl"'*'^^ 



10 Acts, 1913. — Chaps. 9, 10. 

the board of registration in veterinary medicine, for the fiscal 
year ending on the thirtieth day of November, nineteen 
hundred and thirteen, to wit : — 
Salaries. YoY the salarics of the members, a sum not exceeding six 

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

five hundred dollars. 

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

Ayyroved January 22, 1913. 

Chap. 9 An Act making appropriations for the board of regis- 
tration IN medicine. 

Be it enacted, etc., as folloivs: 

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

tions, board • i i • i pi pi i i 

of registration pnatcd, to be paid out oi the treasury oi the commonwealth 
from the ordinary revenue, for the salaries and expenses of the 
board of registration in medicine, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
thirteen, to wit : — 

Salaries. YoT the salaHcs of the members of the board, forty-three 

hundred dollars. 

Expenses. YoT travelling and other expenses of the board, a sum 

not exceeding four hundred and fifty dollars. 

Clerk. Por tlic clei'k of the board, the sum of eight hundred 

dollars. 

^oi^aie^'etc ^^^ pHntiug, postagc, office supplies and contingent 

expenses of the members of the board, to include printing 
the annual report, a sum not exceeding eight hundred 
dollars. 

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

Approved January 23, 1913. 

Chap. 10 An Act making an appropriation for the Massachusetts 

INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as follows: 

inttitifte"^"^ Section 1. The sum of one hundred thousand dollars 
Technology. {3 hereby appropriated, to be paid out of the treasury of 
the commonwealth from the ordinary revenue, to the Mas- 
sachusetts Institute of Technology. 

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

Approved January 23, 1913. 



Acts, 1913. — Chaps. 11, 12, 13. 11 



An Act making an appropriation for the Worcester nj^^^ n 

POLYTECHNIC INSTITUTE. 

Be it enacted, etc., as folloivs: 

Section 1. The sum of fifty thousand dollars is hereby Worcester 
appropriated, to be paid out of the treasury of the common- institute?"' 
wealth from the ordinary revenue, to the Worcester Poly- 
technic Institute, as provided for by chapter eighty-seven 
of the resolves of the year nineteen hundred and twelve. 

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

Apjjroved January 23, 1913. 

An Act making an appropriation for the Massachusetts Chav 12 
state firemen's association. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifteen thousand dollars is hereby Massachusetts 
appropriated, to be paid out of the treasury of the common- AssociatioiT.*^" ^ 
wealth from the ordinary- revenue, for the Massachusetts 
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 27, 1913. 

An Act making an appropriation for the payment of (^Jidy \^ 

CLAIMS arising FROM THE DEATH OF FIREMEN KILLED 
OR INJURED IN THE DISCIL^RGE OF THEIR DUTIES. 

Be it enacted, etc., as folloivs: 

Section 1. The sum of ten thousand dollars is hereby claims on 
appropriated, to be paid out of the treasury of the common- dea*th"of° 
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 regular organized fire department of a 
city or town, or of members in active service of any incor- 
porated protective department acting in concert with fire 
departments, 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 



12 Acts, 1913. — Chaps. 14, 15, 16. 

fires, during the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen. 

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

Ayyvoved January 27, 1913. 

Chap. 14 An Act making an appropriation for the maintenance 

OF THE OLD PROVINCIAL STATE HOUSE IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Ttate house. Section 1. The sum of fifteen hundred dollars is hereby 

appropriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, toward the maintenance 
of the old provincial state house in the city of Boston, dur- 
ing the present fiscal year, as provided for by chapter two 
hundred and ninety-eight of the acts of the year nineteen 
hundred and ten. 
Section 2. This act shall take effect upon its passage. 

Apyroved January 27, 1913. 

Chap. 15 An Act making appropriations for salaries and ex- 
penses IN THE department OF THE ATTORNEY-GENERAL. 

Be it enacted, etc., as foUoivs: 

tions™^"^' 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 attorney-general, for the 
fiscal year ending on the thirtieth day of November, nine- 
teen hundred and thirteen, to wit: — 

gencraf^saiary ^^^ ^^^^ Salary of the attomey-gcneral, seven thousand 
dollars. 

Assistants, YoT the compcusation of assistants in his office, and for 

such additional legal assistance as may be deemed necessary, 
and also for any other necessary expenses, a sum not exceed- 
ing fifty thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved January 28, 1913. 

Chap. 16 An Act making an appropriation for the payment of 

premiums on securities purchased for the MASSA- 
CHUSETTS school fund. 

Be it enacted, etc., as follows: 

Sc'uTitiM'' °" Section 1. A sum not exceeding one thousand dollars 
Fhe Masr^-^""^ is hereby appropriated, to be paid out of the treasury of the 



Acts, 1913. — Chaps. 17, 18. 13 

commonwealth from the ordinary revenue, for the pavment chusetts 

, , , . 1 . 1 c . * "^ School Fuud. 

by the treasurer and receiver general oi premiums on se- 
curities purchased for the INlassachusetts 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 January 28, 1013. 

An Act making appropriations for the salaries and (jhnj) 17 

EXPENSES OF THE LAND COURT. ' 

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 lamf court. 
from the ordinary revenue, for the land court, for the fiscal 
year ending on the thirtieth day of November, nineteen 
hundred and thirteen, 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 Asaociato 
thousand dollars. ^*'' 

For the salary of the recorder of the court, forty-five Recorder. 
hundred dollars. 

For clerical assistance in the office of the court, a sum clerical 
not exceeding eleven thousand and twenty dollars. 

For sherift's' fees, advertising, surveying, examination of E'^p^'^^^^- 
titles and sundry incidental expenses of the court, a sum 
not exceeding thirty thousand dollars. 

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

Approved January 28, 1913. 



An Act to authorize the city of boston to pay an Chav 18 

annuity to the widow of LEROY JAMES. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized niaypl?an°" 
to pay an annuity of not more than three hundred dol- ^"do4*o/° 
lars to Josephine James, widow of Leroy James, so long as Leroy James. 
she remains unmarried. The said Leroy James, while 
in the discharge of his duties as a member of the fire de- 
partment of the said city received injuries and contracted 
a disease, which resulted in his death. The fire commissioner 
may from time to time order the said annuity to be reduced. 



14 



Acts, 1913. — Chap. 19. 



Time of taking 
effect. 



Section 2. This act shall take effect as of June twenty- 
fourth, nineteen hundred and twelve, upon its acceptance 
by the city council of the city of Boston with the approval 
of the mayor and the fire commissioner. 

Approved January 28, 1913. 



Appropria- 
tions, sergeant- 
at-arms,de- 
partment. 



Sergeant-at- 
anns. 

First clerk. 



Cashier. 



Additional 
clerks. 



Chap. 19 An Act making appropriations for salaries and ex- 
penses IN THE DEPARTMENT OF THE SERGEANT-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 the salaries and expenses in 
the department of the sergeant-at-arms, for the fiscal year 
ending on the thirtieth day of November, nineteen hun- 
dred and thirteen, to wit : — 

For the salary of the sergeant-at-arms, thirty-five hundred 
dollars. 

For the salary of the first clerk, tw^enty-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- 
three thousand five hundred 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 three 
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 eleven thousand four hundred 
and fifty dollars. 

For heat, light and power, Including coal, water, gas and 
removal of ashes, a sum not exceeding thirty-five thousand 
dollars. 



Expenses. 



Chief engineer, 
etc. 



Watchmen, 
etc. 



Books, 

stationery, 

etc. 



Messengers, 
etc. 

Rent, etc., of 
telephones. 



Heat, light 
and power, etc. 



Acts, 1913. — Chaps. 20, 21. 15 

For the care of the state house and grounds, inckiding Care of state 
repairs, furniture and repairs thereof, and such expenses as °^^°'^^'^- 
may be necessary at the various buildings now occupied by 
state departments, a sum not exceeding twenty-six thousand 
dollars. 

For new furniture and fixtures, a sum not exceeding twelve New furniture, 
thousand 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 hun- Carpenter. 
dred dollars. 

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

Approved January 28, 1913. 

An Act relative to the expenditures oe the com- (Jjiaj) 20 

MISSIONER OF PUBLIC SAFETY IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as folloivs: 

Section 1. Section four of chapter six hundred and amended.^ ^' 
eleven of the acts of the year nineteen hundred and twelve 
is hereby amended by inserting after the word "dollars", 
in the eighth line, the words : — and twenty-five cents, — 
so as to read as follows: — Section 4- The commissioner Authority of 
shall have authority to determine the mmiber of and to <=°™'"'^^'°°^''- 
appoint the members and clerk of the department of public 
safety and to fix their compensation, organize and administer 
the said department, and to purchase equipment and sup- 
plies; and the city shall provide for all i)ayments for the 
same, provided the expenses of said department shall not 
in any one year exceed a sum amounting to more than three 
dollars and twenty-five cents on each one thousand dollars 
of taxable property in said city, to be estimated by taking 
the average amount of taxable property during the three 
preceding years. All expenditures of money shall be sub- 
ject to the approval of the mayor. 

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

Approved January 28, 1913. 

An Act making an appropriation for the acquisition (J^kij) 21 

OF land for THE BOSTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred and fifty Acquisition of 
thousand dollars is hereby appropriated, to be paid out of Boslon^state 

hospital. 



16 Acts, 1913. — Chaps. 22, 23, 24. 

the treasury of the commonwealth from the ordinary revenue, 
to be expended under the direction of the state board of 
insanity, in payment for land taken by right of eminent 
domain for the use of the Boston state hospital under au- 
thority of chapter five hundred and thirty-five of the acts of 
the year nineteen hundred and nine, and for other expenses 
necessarily incurred in carrying out the provisions of said 
chapter, the same to be in addition to the amount hereto- 
fore appropriated for this purpose. 

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

Approved January 29, 1913. 

Chap. 22 An Act to increase the powers of the trustees of the 

MEMORIAL HOSPITAL. 

Be it enacted, etc., as follows: 

Jf^uJiiemoriai SECTION 1. The Trustccs of the Memorial Hospital, a 
Hospital in corporatiou established in Worcester by chapter eighty- 

Worcester may p ^ pi •! iiii ^ '' 

receive, hold, scvcu oi the acts 01 the year eighteen nundred and seventy- 
and personal ouc, may rcceivc by gift, devise, bequest or otherwise, and 



estate. 



may hold and use for the purpose for which it was incor- 
porated real and personal estate to an amount not exceed- 
ing three million dollars. 

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

Approved January 29, 1913. 

Chap. 23 An Act to authorize the city of boston to pay a sum 

OF MONEY TO THOMAS THORNTON. 

Be it enacted, etc., as follows: 

Bostmlmay SECTION 1. Thc clty of Bostou, by vote of the city 

pay a sum of couucil, approvcd by the mayor, is hereby authorized to 

money to ' i i ./ i i i i ii mi 

Thomas pay a suiu uot exceeding three thousand dollars to Thomas 

Thornton who was injured while in the performance of 

his duties as an employee of the park department of the 

city. 

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

Aj)proved January 29, 1913. 

Chap. 24 An Act making appropriations for salaries and ex- 
penses IN THE judicial DEPARTMENT OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

tioM."^"'*' Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of the commonwealth 



Acts, 1913. — Chap. 24. 17 

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 thirteen, to wit: — 

SUPREME JUDICIAL COURT. 

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

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

For clerical assistance to the clerk, eight hundred dollars, clerical 

For clerical assistance to the justices, a sum not exceeding eferk.''"''^ *" 
twenty-five hundred dollars. clerical 

For expenses of the supreme judicial coiu-t, a sum not justices. 
exceeding two thousand dollars. Expenses. 

For the salary of the reporter of decisions, fom- thousand de'in^on.s,°e\c. 
dollars; and for clerk hire and incidental expenses of the 
reporter, a sum not exceeding five thousand dollars. 

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

, , 1 1 11 messenger. 

hundred dollars. 

P'or the salary of the clerk for the count}' of Suffolk, fifteen cierk, Suffolk 
hundred dollars. 

For the salary of the assistant clerk for the county of suffoircounty. 
Suffolk, five hundred dollars. 

For the salaries of the retired justices, thirteen thousand jultSSs. 
one hundred and twent^'-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 
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. Printing, etc. 
and for incidental expenses of the superior court, a sum not 
exceeding foiu" hundred dollars. 

For the salary of the retired justice of the superior coiu-t, Retired 
six thousand dollars. ''"^ '*^^' 

COURTS OF PROBATE AND INSOLVENCY. 

For the salary' of the judge for the countv of Barnstable, Judge of 

., , 11111 probate and 

eighteen hundred dollars. insolvency. 

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



18 

Bristol. 

Dukes County. 

Essex. 

Franklin. 

Hampden. 

Hampshire. 

Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 



Retired 
judges. 

Judges acting 
in other 
counties. 
Register of 
probate and 
insolvency, 
Barnstable. 
Berkshire. 



Bristol. 

Dukes County. 

Essex. 

Franklin. 

Hampden. 

Hampshire. 



Acts, 1913. — Chap. 24. 

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

For the salary of the judge for the county of Dukes County, 
one thousand dollars. 

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

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

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

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

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

For the salary of the judge for the county of Nantucket, 
one thousand dollars. 

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

For the salary of the judge for the county of Plymouth, 
twenty-seven hundred dollars. 

For the salaries of the two judges for the county of Suffolk, 
fourteen thousand dollars. 

For the salaries of the two judges for the county of Worces- 
ter, nine thousand dollars. 

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

For the compensation of judges acting in counties other 
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 dollare. 

For the salary of the register for the county of Dukes 
County, nine 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. 



Acts, 1913. — Chap. 24. 19 

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

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

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

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

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

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

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

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

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

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

For the salary of the assistant register for the county of FrankUn. 
Franklin, six hundred dollars. 

For the salary of the assistant register for the county of Hampden. 
Hampden, fifteen hundred and fifty dollars. 

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

For the salaries of the assistant registers for the county of Middlesex. 
Middlesex, seven thousand dollars. 

For the salary of Joseph R. INlcCoole, assistant register Norfolk. 
for the county of Norfolk, sixteen hundred and fifty dol- 
lars. 

For the salary of the assistant register for the county of Plymouth. 
Plymouth, eleven hundred dollars. 

For the salary of the assistant register for the county of Suffolk. 
Suffolk, twenty-eight hundred dollars. 

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

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

For extra clerical assistance to the register for the county clerical 
of Barnstable, a sum not exceeding four hundred thirty- larnftaWe. 
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. 



20 

Bristol. 

Dukes County. 
Essex. 

Franklin. 
Hampden. 

Hampshire. 
Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 



Clerk of 
register, 
Suffolk. 



Acts, 1913. — Chap. 24. 

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

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

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

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

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

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

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

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

For extra clerical assistance to the register for the county 
of Norfolk, a sum not exceeding two thousand thirty-three 
dollars and thirty-three cents. 

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

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. 



DISTRICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk 
district, seven thousand dollars. 

For the salaries of the first, second and third assistant 
district 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. 



Acts, 1913. — Chap. 25. 21 

For the salary of the district attorney for the northern Northern 
district, four thousand dollars. ' '^''*"'*- 

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

For the salary of the district attorney for the eastern Eastern a is- 
district, three thousand dollars. '^"'*" 

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

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

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

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

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

For the salary of the district attorney for the middle Middle dis- 
district, twenty-fovu" hundred dollars. *"''*■ 

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

For the salary of the district attorney for the western western dis- 
district, twenty-four hundred dollars. *"■'*"'• 

For the salary of the district attorney for the northwestern Northwestern 
district, thirteen hundred and fifty dollars. district. 

For travelling expenses necessarily incm-red by the dis- Travelling 
trict attorneys, except in the Suffolk district, a sum not ^"p®'*^"'*- 
exceeding fifteen hundred dollars. 

COMMISSION ON PROBATION. 

For expenses of the commission on probation, a sum not Commission 

1. r> .1 1 1 11 on probation. 

exceedmg nve thousand dollars. 

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

Approved January 29, 1913. 

An Act making appropriations for salaries and ex- (Jfidj) 25 
penses in the department of the bank commissioner. 

Be it enacted, etc., as foUoivs: 

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



22 



Acts, 1913. — Chaps. 26, 27. 



Bank com- 
missioner. 

Deputy. 



Examiners, 
clerks, etc. 



Printing, 
stationery, etc. 



Annual 
reports. 



For the salary of the commissioner, the sum of five thou- 
sand dollars. 

For the salary of the deputy, the sum of thirty-five hun- 
dred dollars. 

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

For printing, stationery, office supplies, travelling and 
other expenses, a sum not exceeding thirty 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 29, 1913. 



Reimburse- 
ment of cities 
and towns for 
loss of taxes. 



Chap. 26 x'Vn Act making an appropriation for the reimburse- 
ment OF cities and towns for loss of taxes on land 

USED FOR PUBLIC INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section 1. The sum of thirty-eight thousand dollars 
is hereby appropriated, to be paid out of the treasm*y of 
the commonwealth from the ordinary revenue, for the pur- 
pose of reimbursing cities and towns for loss of taxes on 
land used for public institutions, during the fiscal year end- 
ing November thirtieth, nineteen hundred and thirteen, 
as provided for by chapter six hundred and seven of the acts 
of the year nineteen hundred and ten and chapter four 
hundred and seventy-eight of the acts of the year nineteen 
hundred and eleven. 

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

Approved January 29, 1913. 



Chap. 27 An Act making appropriations for salaries and ex- 
penses IN THE OFFICE OF THE CONTROLLER OF COUNTY 
ACCOUNTS. 

Be it enacted, etc., as jollows: 

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 controller of county ac- 
counts, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit : — 



Appropria- 
tions. 



Acts, 1913. — Chap. 28. 23 

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

J ,, ^ ' k7 county 

dollars. accounts. 

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

For the salary of the second deputy, fifteen hundred second 

111 * deputy, 

dollars. 

For the salary of the third deputy, fifteen hundred dollars. Third deputy. 

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

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

Approved January 29, 1913. 

An Act making appropriations for purchasing paper, nhn^ OR 

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- Appropria- 
priated, to be paid out of the treasury of the commonwealth *'"°^' 
from the ordinary revenue, for the purposes specified, for 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit: — 

For printing and binding public documents, a sum not Public 
exceeding twenty-four thousand dollars. documents. 

For printing the pamphlet edition of the acts and resolves Pamphlet 
of the present year, a sum not exceeding seventy-five hun- eduion of acts, 
dred dollars. 

For printing and binding the blue book edition of the Blue book, 
acts and resolves of the present year, twelve thousand dollars. 

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

For reports of decisions of the supreme judicial court, a Reports of 
sum not exceeding two thousand dollars. decisions, etc. 

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

For registration books and blanks, indexing returns and Registration 
editing registration report, a sum not exceeding three thou- ^°*'''^' ^*''- 
sand dollars. 

For printing and distributing ballots, a sum not exceeding Printing, etc.. 
ten thousand dollars. ballots. 



24 



Acts, 1913. — Chaps. 29, 30. 



Primary 
elections. 



Blanks for 
town officers, 
etc. 



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 exceed- 
ing five thousand dollars. 

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

Approved January 29, 1913. 



Chap. 29 An Act making appropriations for the compensation 

AND EXPENSES OF THE BALLOT LAW 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 ballot law commission, 
for the year ending on the thirtieth day of November, nine- 
teen hundred and thirteen, to wit : — 

For compensation of the commissioners, a sum not ex- 
ceeding fifteen hundred dollars. 

For expenses, a sum not exceeding five hundred dollars. 

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

Approved Jaimary 29, 1913. 



Appropria- 
tions. 



Ballot law 
commissioners. 

Expenses. 



Chap. 30 An Act making appropriations for the board of reg- 
istration IN DENTISTRY. 

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

For the salaries of the members, seventeen hundred 
dollars. 

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

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

Approved January 29, 1913. 



Appropria- 
tions, board of 
registration in 
dentistry. 



Salaries of 
members. 



Expenses. 



Acts, 1913. — Chaps. 31, 32. 25 



An Act making appropriations for the salaries and Cjidv 31 

EXPENSES of the STATE BOARD OF CONCILIATION AND 
ARBITRATION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasiu-y of tlie commonwealth coTcliiaUon a"ui 
from the ordinar\' 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 
hundred and thirteen, to wit: — 

For the salaries of the members, seventy-five hundred Salaries of 

1 II '' members. 

dollars. 

For the salary of the secretary, fifteen himdred dollars. ' Secretary. 

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

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

Approved January 29, 1913. 

An Act relative to the village cemetery in the town nhnjy S2 

OF FALMOUTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and sixty-two of the 1904,262, §i 
acts of the year nineteen hundred and four is hereby amended anlnet'^sec- 
by striking out at the end of section one, the words "Nothing t'ons added, 
herein shall affect the rights of any person holding title to 
the said village cemetery or to any part thereof", and also 
by inserting after section one the following new sections : — 
Section 2. The said corporation is authorized to direct Powers and 
and control all interments in the said cemetery; to grant cOTpora*tion. 
the exclusive right of burial in any lot therein under such 
pecuniar}' conditions and other regulations as may seem 
to be for the best interests of the cemetery; to receive and 
collect funds, and to expend the same, for the general pur- 
poses of the cemetery; to receive and collect funds for the 
perpetual care of the grounds or any part thereof, and to 
hold and invest the same, and to expend the income thereof 
for the purposes specified; and to do all other things which 
may be necessary or expedient for the care and improvement 



26 



Acts, 1913. — Chap. 33. 



Authority not 
to extend to 
removal, etc., 
of bodies. 



of the said tract of land or any part thereof. Section 3. 
The authority conferred by this act shall not extend to the 
removal or disturbance of any body interred within the said 
cemetery. 
Section 2. This act shall take effect upon its passage. 

Apyroved January 29, 1913. 



Chap. 33 



Appropria- 
tions. 



Secretary 
of the com- 
monwealth. 

First deputy. 

Deputy. 



Corporation 
clerk. 



Chief of 
archives. 



Commission 
clerk. 



Cashier. 



Clerical 
assistance, etc. 



Expenses. 



Preservation 
of records, etc. 

Postage, etc. 



An Act making appropriations for salaries and ex- 
penses IN the department of the secretary 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 department of the sec- 
retary of the commonwealth, for the fiscal year ending on 
the thirtieth day of November, nineteen hundred and 
thirteen, to wit: — 

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

For the salary of the first deputy, three thousand dollars. 

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

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

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

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

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

For messengers and additional clerical assistance, a sum 
not exceeding thirty-three thousand five hundred and fifty 
dollars. 

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

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

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



Acts, 1913. — Chap. 34. 27 

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

For the purchase of apparatus to be used at polling places Counting 
in the canvass and count of votes, a sum not exceeding two ^pp*'"''*"^- 
hundred and fifty dollars. 

For the purchase of histories of regiments, batteries and Regimental 
other military organizations of the IMassachusetts volunteers 
who served in the civil war, a sum not exceeding one thou- 
sand dollars. 

For the preservation of town records of births, marriages Town records 
and deaths previous to the year eighteen hundred and ^^ births, etc. 
fifty, a sum not exceeding fifteen thousand dollars. 

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

Approved January 29, 1913. 



An Act making appropriations for salaries and ex- (Jjiarf 34 

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 the ordinary revenue, for the insurance department, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit: — 

For the salary of the commissioner, five thousand dollars, insurance 
For the salary of the deputy commissioner, thirty-five De'"putr°°^'" 

hundred dollars. commissioner. 

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

For the salary' of an additional examiner, twentv-five Additional 
hundred dollars. ' "''"'"'°"" 

For the salary of the actuary, twenty-five hundred dollars. Actuary. 

For the salary of the assistant actuary, two thousand Assistant 
dollars. ^'='"''^- 

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

For additional clerks and assistants, a sum not exceeding Additional 
fifty-one thousand six hundred dollars, clerks, etc. 

For incidental and contingent expenses, including rent of Expenses. 
rooms outside the state house, a sum not exceeding thirteen 
thousand dollars. • 



tions. 



28 



Acts, 1913. — Chap. 35. 



Annual report. For printing and binding the annual report, a sum not ex- 
ceeding sixty-five hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved January 29, 1913. 



Chap. 35 An Act making appropriations for the salaries and 

EXPENSES of the MASSACHUSETTS niGHWAY 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 thirteen, to wit : — 

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

For the salaries of the engineers, clerks and assistants, 
a sum not exceeding twenty-five thousand dollars. 

For travelling and other expenses of the commission, a 
sum not exceeding four thousand dollars. 

For postage, printing and other necessary office expenses, 
including printing and binding the annual report, a sum not 
exceeding seventy-five hundred dollars. 

For rent of offices, a sum not exceeding sixty-five hundred 
dollars. 

For care and repair of road-building machinery, a sum 
not exceeding ten thousand dollars. 

For the maintenance of state highways, for the present year 
and for previous years, the sum of two hundred thousand 
dollars, the same to be in addition to the amount authorized 
by section thirty of chapter five hundred and thirty-four of 
the acts of the year nineteen hundred and nine to be ex- 
pended from the IMotor Vehicle Fees Fund. 

For the suppression of gypsy and brown tail moths and 
other insect pests which threaten the trees on state high- 
ways, a sum not exceeding ten thousand dollars. 

For the repair of a certain highway in the town of Truro, 
a sum not exceeding five hundred dollars. 

For the maintenance and operation of the Newburyport 
bridge and the Brightman street ])ridge In Fall River, a 
sum not exceeding twenty-seven thousand dollars. 

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

Approved January 29, 1913. 



Appropria- 
tions, 

highway com- 
mission. 



Salaries of 
commis- 
sioners. 

Engineers, 
etc. 

Expenses. 



Postage, 
printing, etc. 



Rent of offices. 



Road-buililing 
machinery. 

State highways, 



Suppression of 
gypsy and 
brown tail 
moths, etc. 

Highway in 
Truro. 

Maintenance, 
etc., of 
certain bridges. 



Acts, 1913. — Chaps. 36, 37. 29 



An Act making appropriations for the salaries and (JJiqj) qq 
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"^ °'^ 
from the ordinary revenue, for the harbor and land com- si^nwa! 
missioners, for the fiscal year ending on the thirtieth day 
of November, nineteen hundred and thirteen, to wit: — 

For the salaries of the commissioners, eighty-seven hun- Salaries of 

dred dollars. commissioners. 

For the compensation and expenses of engineers, and for Engineers, 
clerical and other assistance, a sum not exceeding thirty-six ^^''' 
thousand dollars. 

For travelling and other necessarv expenses, a sum not Travelling 

!• 1111 nei 1*11 expenses, etc. 

exceecimg seven huiiflred and nity dollars. 

For incidental and contingent office expenses, to include office 
printing and binding the annual report, a sum not exceeding ®''P'^°^®^- 
two thousand dollars. 

For printing town boundary atlases, a sum not exceeding Printing 
twenty-five hundred dollars. 

For the improvement and protection of rivers, harbors, improvement 
tide waters and foreshores, a sum not exceeding one hundred etc!' 
and fifty thousand dollars, in addition to any amount here- 
tofore appropriated. 

For surveys of harbors, improving and preserving the surveys, etc., 
same, and repairing damages occasioned by storms along the 
coast line or river banks of the commonwealth, a sum not 
exceeding tlu-ee thousand dollars. 



of harbors, etc. 



For removal of WTecks and other obstructions from the ^^^'"^J^' °^ 
tide waters, a sum not exceeding two thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved January 29, 1913. 



An Act making appropriations for the compensation Chap. 37 

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 service com- 
from the ordinary revenue, for the civil service commission, ^^^'^'°^- 



30 



Acts, 1913. — Chap. 38. 



Salaries of 
commis- 
sioners. 

Chief 
examiner. 

Deputy 
examiner. 

Secretary. 

Physical 
inspector. 

Pay roll 
inspector. 

Registrar of 
labor. 

Clerical 
assistance, etc. 



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

For the salaries of the commissioners, sixty-five hundred 
dollars. 

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

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 ex- 
ceeding twenty-five hundred dollars. 

For the salary of the pay roll inspector, twelve hundred 
dollars. 

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

For clerical assistance and for office, printing, travelling 
and incidental expenses, advertising and stationery, includ- 
ing printing and binding the annual report, a sum not ex- 
ceeding thirty-four thousand three hundred dollars. 

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

Approved January 29, 1913. 



R. L. 204, § 2. 
etc., amendea. 



Chap. 38 An Act to abolish fees for approving bonds in 

BASTARDY CASES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
four of the Revised Laws as amended by section one of 
chapter three hundred and fifty of the acts of the year nine- 
teen hundred and four, and by chapter one hundred and 
eighty-six of the acts of the year nineteen hundred and nine, 
is hereby further amended by striking out the words, "In 
bastardy cases, — For approving each bond given by the 
respondent, one dollar", in the thirteenth and fourteenth 
lines. 

Section 2. Section five of said chapter two hundred and 
four is hereby amended by striking out the words, "In 
bastardy cases, — For approving each bond given by the 
respondent, one dollar", in the thirtieth and thirty-first 
lines. Approved January 31, 1913. 



R. L. 204, § 5, 
amended. 



Acts, 1913. — Chaps. 39, 40, 41. 31 



An Act to change the name and the purposes of the Chap. 39 
children's mission to the children of the destitute 

IN THE city of BOSTON. 

Be it enacted, etc., as fcjllotvs: 

Section 1, The name of The Children's Mission to the Name 
Children of the Destitute in the City of Boston, a corporation 
established under the general laws, is hereby changed to 
The Children's Mission to Children. 

Section 2. The purposes of the said corporation shall Purposes. 
be to foster in the minds of the young a spirit of Christian 
sympathy and active benevolence, and to institute such 
methods in behalf of exposed and otherwise needy children 
in the city of Boston and its vicinity as will promote their 
welfare and lead to good citizenship. 

Section 3. This act shall take effect upon its passage. 

Approved January 31, 1913. 

An Act making appropriations for the salary and Chap. 40 
expenses of the commissioner of public records. 

Be it enacted, etc., as folloics: 

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

For the salary of the commissioner, twenty-five hundred Salary. 
dollars. 

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

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

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

Approved January 31, 1913. 

An Act making an appropriation for expenses in con- Chap. 41 

NECTION WITH THE ESTABLISHMENT OF LIFE INSURANCE 
departments BY savings BANKS. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding fifteen thousand dollars Establishment 
is hereby appropriated, to be paid out of the treasury of the surance'de- 



32 



Acts, 1913. — Chaps. 42, 43. 



partments by 
savings banks. 



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

Approved January 31, 1913. 



Chap. 42 An Act making appropriations for expenses incurred 
IN the supervision of telephone and telegraph 

companies by the MASSACHUSETTS HIGHWAY COMMISSION. 

Be it enacted, etc., as follows: 

Uons,TuiSi-vi- Section 1. The sums hereinafter mentioned are appro- 
ind teienh^nT*" P^iatcd, to be paid out of the Telephone and Telegraph 
Commissioners' Fund, for the expense of supervision of 
telephone and telegraph companies by the Massachusetts 
highway commission, during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and thirteen, 
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. 

Approved January 31, 1913. 



and telephone 
companies 



Salaries of 
commis- 
sioners. 

Expenses. 



Chap. 43 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: 

Section 1. A sum not exceeding twenty-five thousand 
dollars is hereby appropriated to meet expenses incurred in 
the auditing of municipal accounts, the same to be met by 
assessments upon the municipalities for which the work 
is done. 

A sum not exceeding one thousand dollars is hereby 
appropriated to meet the expenses incurred in taking a 
special census in towns having an increased resident popula- 



Appropria- 
tions, auditing 
of municipal 



Special 
census. 



Acts, 1913. — Chaps. 44, 45. 33 

tion 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 January 31, 1913. 



An Act making appropriations for expenses in con- Qhav. 44 

NECTION WITH THE RETIREMENT SYSTEM FOR THE EM- 
PLOYEES OF THE COMMOmVEALTH. 

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 ment' system 
from the ordinary revenue, for expenses in connection with i^th^com-^^ 
the retirement system for certain employees of the com- monweaith. 
monwealth, for the fiscal tear ending on the thirtieth day 
of November, nineteen hundred and thirteen, to wit: — 

For the necessary expenses of administration, including Expenses, 
clerical services, office rent and office supplies, a sum not 
exceeding eighty-five hundred dollars. 

To provide for the necessary annuity funds and pensions Funds and 
for employees retired from the state service, a sum not ex- p®'^*'°"^- 
ceeding thirty-two thousand dollars. 

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

Approved January 31, 1913. 

An Act making appropriations for the salary and Chap. 45 
expenses of the supervisor of loan agencies. 

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- visor'of loan 
wealth from the ordinary revenue, for salaries and expenses *^®'*''*®^- 
in the office of the supervisor of loan agencies during the 
fiscal year ending on the thirtieth day of November, nineteen 
hundred and thirteen, to wit : — 

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

For clerical assistance, rent and other necessary expenses, clerical 
a sum not exceeding seventy-five hundred dollars. assistance, etc. 

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

Approved January 31, 1913. 



34 



Acts, 1913. — Chaps. 46, 47. 



Chap. 46 An ^^^ MAKING APPROPRIATIONS FOR THE MASSACHUSETTS 

AGRICULTURAL COLLEGE. 

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 Massachusetts Agricultural 
College, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit : — 

For the general administration of the college, the sum of 
thirty thousand dollars. 

For teaching equipment, and for the general maintenance 
of the college, including heat, light, water and labor, the 
sum of eighty thousand dollars. . 

For agricultural investigations and experiments, including 
the maintenance of the Massachusetts agricultural experi- 
ment station, the sum of fifteen thousand 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 seventy-five 
thousand dollars. 

For short courses and extension work in agriculture, the 
sum of fifty 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, six thousand 
dollars. 

To meet the costs of prosecutions in regulating the use 
of utensils for testing the composition or value of milk and 
cream, a sum not exceeding five hundred dollars. 

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

Approved February 3, 1913. 



Appropria- 
tions, Massa- 
chusetts 
Agricultural 
College. 



General ad- 
ministration. 

Teaching 
equipment, 
maintenance, 
etc. 

Investiga- 
tions and 
experiments. 



Instruction. 



Short coureea, 
etc. 

Travelling 
expenses, etc. 

Reports of 
trustees. 



Inspection of 
feed stuffs. 



Costs of 

certain 

prosecutions. 



Chap. 47 An Act to confer upon the cathedral church of saint 

PAUL OF THE DIOCESE OF MASSACHUSETTS CERTAIN POWERS 
relative to the TOMBS UNDER SAINT PAUL's CHURCH IN 
BOSTON. 

Be it enacted, etc., as follows: 

and^duties'^''" Section 1. The powers and duties conferred and im- 
conferred upon poscd upou the proprietors of Saint Paul's Church in Boston 



Acts, 1913. — Chap. 48. 35 

by chapter twenty-eight of the acts of the year eighteen The cathedral 
hundred and seventy-nine in respect to the tombs under sa^inrpa^Ji of 
said church and to the bodies therein are hereby con- m^SusIus. 
ferred and imposed upon The Cathedral Church of Saint 
Paul of the Diocese of JNIassachusetts, which was incor- 
])orated by chapter one hundred and seventy-five of the 
acts of the year nineteen hundred and eight, the said chm'ch 
having been conveyed to the said cathedral corporation. 
The duties imposed by said chapter twenty-eight upon the 
wardens and vestry of Saint Paul's Church are hereby im- 
posed upon the chapter of the said cathedral corporation. 

Section 2. Any owners of tombs or rights shall have Not to affect 
the same rights and remedies against The Cathedral Church certlm^per'soL. 
of Saint Paul of the Diocese of IMassachusetts as were con- 
ferred upon them by chapter twenty-eight of the acts of the 
year eighteen hundred and seventy-nine against the pro- 
prietors of Saint Paul's Church in the city of Boston. 

Section 3. This act shall take effect upon its passage. 

Approved February 4, 1913. 



An Act relative to expenditures of the industrial (jhn'n 4S 

ACCIDENT BOARD. 

Be it enacted, etc., as jullows: 

Section 1. Section two of Part III of chapter seven ion, 751, Part 
hundred and fifty-one of the acts of the year nineteen hun- amendecf.*"' 
dred and eleven, as amended by section seven of chajiter 
five hundred and seventy-one of the acts of the year nine- 
teen hundred and twelve, is hereby further amended by 
striking out the words "an annual sum not exceeding ten 
thousand dollars", in the seventh and eighth lines, and 
inserting in place thereof the words: — such sums as may 
annually be appropriated by the general court, — so as 
to read as follows : — Section 2. The salaries and expenses salaries and 
of the board shall be paid by the commonwealth. The expenses, etc. 
salary of the chairman shall be five thousand dollars a year, 
and the salary of the other members shall be forty-five hun- 
dred dollars a year each. The board may appoint a secretary 
at a salary of not more than three thousand dollars a year, 
and may remove him. It shall also be allowed such sums 
as may annually be appropriated by the general court, for 
clerical service, and travelling and other necessary expenses. 
The board shall be provided with an office in the state house 



36 Acts, 1913. — Chaps. 49, 50. 

or in some other suitable building in the city of Boston, in 
which its records shall be kept. 
Section 2. This act shall take effect upon its passage. 

A'pyrmed February Jf., 1913. 

Chap. 49 An Act relative to promotion of call firemen to the 

PERMANENT FORCE IN THE CITY OF WALTHAM. 

Be it enacted, etc., as follows: 

S^eUgiWefw SECTION 1. Members of the fire department of the city 
pemlTn^r^ *° of Waltham, known as call members, who are not over forty- 
force, etc. five years of age and who have served in that department 
continuously for not less than five years, and who are certi- 
fied by the city physician of the city of Waltham to be 
physically qualified, shall be eligible to the permanent force 
Proviso. of the department, without further examination: provided, 
that all persons whose names were on the civil service list 
on the first day of February, nineteen hundred and thirteen, 
as eligible for appointment as permanent firemen in the 
said city, shall during the term for which they are eligible 
be given the preference in appointment over any call mem- 
ber. 
Repeal. SECTION 2. So much of any act as is inconsistent here- 
with is hereby repealed. 
Section 3. This act shall take effect upon its passage. 
{The foregoing was laid before the governor on the thirty- 
first day of January, 1913, 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. 50 An Act relative to the lighting of the ways of egress 

FROM PLACES OF PUBLIC ENTERTAINMENT IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 
1907, 550, § 105, Section one hundred and five of chapter five hundred and 

etc., amended, n f i> ^ ci • iiii 

fifty oi the acts oi the year nineteen hundred and seven, 
as amended by chapter three hundred and seventy of the 
acts of the year nineteen hundred and twelve, being an 
act relative to the construction, alteration and maintenance 
of buildings in the city of Boston, is hereby amended by 
adding at the end thereof, the following paragraph: — Every 



Acts, 1913. — Chap. 51. 37 

existing building containing a hall or assembly room to which wLy^s^'Jf^egresa 
admission is not free, and to which the provisions of chapter bui'Jafngg'^^ 
four hundred and ninety-four of the acts of the year nine- ^^^^^^ °' 
teen hundred and eight, relative to the licensing of public 
entertainments apply, shall have all the ways of egress from 
such building sufficiently lighted, and lighted in a manner 
satisfactory to the building commissioner, while the hall or 
assembly room is occupied by an audience. 

Approved February S, WIS. 



An Act making appropriations for salaries and ex- Chap. 51 

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 thirteen, to wit: — 

For the salary of the tax commissioner and commissioner Tax com- 
or corporations, live thou sand dollars, salary. 

For the salary of Charles A. Andrews, deputy commis- Deputy 
sioner, four thousand dollars. 

For the salaries of the three assistants, eighty-five hundred Assistants. 
dollars. 

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

For the salary of the second clerk, fifteen hundred dollars. Second 

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

For additional clerical assistance, a sum not exceeding clerical 

n , . ,1 1 1 11 assistance. 

lorty-mne thousand dollars. 

For Incidental and contingent expenses. Including rent of e°pet®ses''ltc. 
rooms outside the state house, a sum not exceeding twelve 
thousand five hundred dollars. 

For travelling expenses of the commissioner and his Travelling 
deputy, and for travelling and other expenses of the super- 
visors of assessors, a sum not exceeding thirty-two hundred 
dollars. 

For valuation books for assessors of cities and towns, a Valuation 
sum not exceeding twenty-four hundred dollars. 



commissioner. 



38 



Acts, 1913. — Chaps. 52, 53. 



report!' For printing and binding the annual report and the table 

of aggregates, including lists of corporations for the use of 
assessors, a sum not exceeding sixteen hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Ai^proved February 8, 1913. 

Chap. 52 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 thirteen, 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, twelve hundred dollars. 

For extra clerical services, a sum not exceeding five hun- 
dred dollars. 

To encourage and promote the building and use of tuber- 
culosis hospitals in cities and towns, twenty-five hundred 
dollars. 

For salary and expenses of a trained social worker to look 
up discharged patients, a sum not exceeding two thousand 
dollars. 

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

Api^oved February 8, 1913. 



Appropria- 
tions, trustees 
of hospitals 
for con- 
sumptives. 



Expenses. 



Secretary. 



Stenographer. 

Clerical 
services. 



Tuberculosis 
hospitals. 



Social worker. 



Chap. 53 An Act making ' appropriations for salaries and ex- 
penses IN the department of the state board of 
insanity. 

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 day of November, 
nineteen hundred and thirteen, to wit: — 

For travelling, office and contingent expenses, including 
printing and binding the annual report, a sum not exceed- 
ing ten thousand five hundred dollars. 



Appropria- 
tions, state 
board of 
insanity. 



Expenses. 



Acts, 1913. — Chaps. 54, 55. 39 

For salaries of officers and employees, a sum not exceeding Salaries, 
forty-three thousand dollars. 

For transportation and medical examination of state Transporta- 
paupers under the charge of the board, for the present year state paupers. 
and for previous years, a sum not exceeding eleven thousand 
dollars. 

For the support of insane paupers boarded out in families, Support of 
under the charge of the board, or temporarily absent under 
the authority of the same, for the present year and for pre- 
vious years, a sum not exceeding forty-six thousand dollars. 

For the support of state paupers in the hospital cottages Support of 

a 1*11 X 1* •j./'i 1111 certain state 

for children, a sum not exceeding ninety-nve hundred dol- paupers. 
lars. 

For the expenses of an investigation as to the nature, investigation, 
causes, results and treatment of mental diseases and defects, di^'ases, etc. 
and the publication of the results thereof, a sum not exceed- 
ing twenty-five hundred dollars. 

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

Approved February S, 1913. 

An Act relative to the cemetery commission of the Chap. 54 

SECOND PARISH OF DORCHESTER. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and twenty-eight i^e?, 228 § 5, 

•1 11 1* . amended. 

of the acts 01 the year eighteen hundred and sixty-seven 13 
hereby amended by striking out the words "in the month of 
March or April ", in the first and second lines, and inserting 
after the word "parish", in the second line, the words: — 
at its annual meeting, — so as to read as follows: — Sec- To make 
Hon 5. Said board shall annually render to said parish at writing. ^ 
its annual meeting a report in writing of their doings, and 
of the condition of said cemetery, and an account of their 
receipts and expenditures. Approved February 8, 1913. 

An Act to change the name and purpose of the rox- Chap. 55 

BURY home for CHILDREN AND AGED WOMEN AND TO 
authorize IT TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, etc., as folloivs: 

Section 1. The name of the corporation now known ^^™® ^ 
as the Roxbury Home for Children and Aged Women is 
hereby changed to the Roxbury Home for Aged Women. 



40 



Acts, 1913. — Chap. 56. 



May hold real 
and personal 
estate. 



Repeal. 



Purpose. Section 2. The purpose of said corporation shall be to 

provide a home or homes in Roxbury for aged women. 

Section 3. Said corporation may take and hold real 
estate not exceeding one hundred thousand dollars in value, 
and personal estate not exceeding five hundred thousand 
dollars in value for the aforesaid charitable purpose. 

Section 4. So much of chapter two hundred and forty 
of the acts of the year eighteen hundred and fifty-six, en- 
titled "An Act to incorporate the Children's Home and 
Home for Aged Females in Roxbury", as amended by chap- 
ter one hundred and ninety-nine of the acts of the year 
eighteen hundred and seventy-four, and by chapter thirteen 
of the acts of the year eighteen hundred and eighty-three, 
as is inconsistent herewith is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved February 8, 1913. 

Chap. 56 An Act to authorize the sale or lease of real estate 
owned by the first congregational church of abing- 
ton and the first parish of abington. 

Be it enacted, etc., as follows: 

Section 1. The deacons of the First Congregational 
Church of Abington, and the First Parish of Abington, are 
hereby authorized to sell at public or private sale, or lease, 
as may seem best to them, in one or more lots, and to con- 
vey, the parsonage land or the building thereon, together 
or separately, which land and building were conveyed to 
said church and parish under the will of Edward Cobb, late 
of Abington, deceased, and are situated in the town of 
Abington. The said land contains about one acre, and 
is bounded as follows : — On the north by land of Carrol 
G. Faxon, on the west by Bedford street, on the south by 
Brockton avenue, and on the east by land of William S. 
O'Brien. 

Section 2. A deed conveying the said land and the 
building thereon, one or both, or a lease, as may be desired, 
may be executed and delivered by said deacons and by any 
person who may be authorized thereto by the said parish, 
and the purchaser or lessee shall hold the land free from any 
trust and without any obligation to see to the application 
of the purchase money. 

Section 3. The proceeds of any sale or lease made here- 
under shall be devoted to the maintenance and improvement 



First Con- 
gregational 
Church of 
Abington may 
Bell or lease 
certain 
real estate. 



Conveyance, 
etc., of estate. 



Application 
of proceeds. 



Acts, 1913. — Chaps. 57, 58. 41 

of the parsonage, to the purchase of land or buildings, or to 
the erection of a building, all of which shall be used solely 
for parsonage purposes. 

Section 4. This act shall take effect upon its passage. 

Approved February 8, 1913. 



An Act to authorize the trustees of the delta upsilon (Jhav 57 

SOCIETY OF WILLIAMS COLLEGE TO HOLD ADDITIONAL REAL 
AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter thirty-six of the acts isss, 36, §2, 
of the year eighteen hundred and eighty-eight is hereby ^""^^ ^ ' 
amended by striking out the word "twenty", in the third 
line, and inserting in place thereof the word: — forty, — so 
as to read as follows: — Section 2. Said corporation may May hold real 
hold real and personal estate for the uses of the above named e"tate^"°'^* 
society to an amount not exceeding forty thousand dollars 
which shall not be exempt from taxation. 

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

Approved February 8, 1913. 



An Act to authorize the shelburne falls fire dis- (JJkij) 53 

TRICT TO make AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The Shelburne Falls Fire District in the sheiburne 
towns of Buckland and Shelbm-ne, established by chapter District water 
two hundred and sixty-two of the acts of the }'ear eighteen 1913"' 
hundred and fifty-five and acts in amendment thereof and 
in addition thereto, may, for the purposes mentioned in 
chapter six hundred and forty-four of the acts of the year 
nineteen hundred and eleven, issue bonds, notes or scrip to 
an amount not exceeding fifteen thousand dollars in addition 
to the amounts heretofore authorized to be issued by said 
district for the same purposes. Such bonds, notes or scrip 
shall bear on their face the words, Shelburne Falls Fire 
District Water Loan, Act of 1913; 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 and countersigned by the board of 



42 Acts, 1913. — Chap. 59. 

water commissioners of said district. Said district 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. 
Payment of SECTION 2. 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 such bonds, notes or scrip, as will 
extinguish the same within the time prescribed by this 
act; and when a vote to that effect has been passed a sum 
which, with the income derived from water rates, will be 
sufficient to pay the annual expense of operating its water 
works and the interest as it accrues on the bonds, notes 
or scrip issued as aforesaid by said district, and to make 
such payments on the principal as may be required under 
the provisions of this act, shall without further vote be 
assessed by the assessors of said district in each year there- 
after, 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. 

A'p'proved February 8, 1913. 



Chap. 59 An Act to authorize the town of framingiiam to pay 

ADDITIONAL COMPENSATION TO CERTAIN FORMER MEM- 
BERS OF THE BOARD OF ASSESSORS OF THE SAID TOWN. 

Be it enacted, etc., as follows: 

The town of Section 1. Tlic town of Framingham is hereby au- 

may pay thorizcd to pay to James E. Hall, Harrison C. Kingman, 

making partial Adouiram J. Hcmcnway, George C. Blades and the legal 
representatives of Charles A. Hemenway, being persons 
who constituted the board of assessors of said town for the 
years nineteen hundred and ten and nineteen hundred and 
eleven, a sum not exceeding two hundred and forty dollars 
each, in full compensation for, and payment of, the services 
of said assessors in making a partial revaluation of said 
town by order of the town between April first, nineteen 
hundred and ten, and April first, nineteen hundred and 
eleven. 

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

Approved February 8, 1913. 



revaluation. 



Acts, 1913. — Chaps. 60, 61. 43 



An Act to confirm and validate certain town meet- Chap. 60 

INGS IN the town OF MATTAPOISETT AND ALL VOTES AND 
ACTS THEREUNDER. 

Be it enacted, etc., as follows: 

Section 1. The town meetings of the town of Mat- Certain pro- 
tapoisett held on the twenty-ninth day of August in the j'ear the town of 
nineteen hundred and twelve and on the seventeenth day confi™ed!etc. 
of September in the year nineteen hundred and twelve shall 
not be invalid by reason of the fact that the warrants for 
said meetings or any of them were not posted in accordance 
with the by-laws of the town, or by reason of any other in- 
formality or irregularity in the calling or conduct of any of 
said meetings. All votes and acts of the town at said meet- 
ings and all acts done pursuant to said votes are hereby 
validated and confirmed. 

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

Approved February 11, 1913. 



An Act to authorize the town of Southampton to re- Chav 61 

FUND certain INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. The town of Southampton, for the purpose The town of 
of refunding certain outstanding indebtedness of the town mTy wCw'* 
amounting to nine thousand two hundred and twenty dollars refund certain 
and represented by demand notes due the Searle Fund, so- indebtedness. 
called, is hereby authorized to borrow the said sum and 
to issue therefor notes of the town in conformity with the 
provisions of section thirteen of chapter twenty-seven 
of the Revised Laws and acts in amendment thereof, or in 
addition thereto, so that the whole debt will be paid within 
nineteen years from the date of issue of the first note. Said 
notes shall bear interest at a rate not exceeding five per 
cent per annum, and the amount required to pay the interest 
and that part of the principal due each year shall be raised 
by taxation, and shall, without further action by the town, 
be assessed annually by the assessors in the same manner in 
which other taxes are assessed, until the debt is extinguished. 

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

Approved February 11, 1913. 



44 



Acts, 1913. — Chaps. 62, 63. 



R. L. 25. i 15, 
amended. 



Towns may 
appropriate 
money for 
certain 
purposes. 



Chap. 62 An Act to authorize towns to appropriate money for 

RENTING HEADQUARTERS FOR POSTS OF THE GRAND ARMY 
OF THE REPUBLIC. 

Be it enacted, etc., as follows: 

Section 1. The twelfth paragraph of section fifteen of 
chapter twenty-five of the Revised Laws is hereby amended 
by adding at the end thereof the following: — Such special 
vote may also include such amount as the town may consider 
necessary to pay the rent of a suitable place for the post 
of the grand army of the republic situated in the town, in 
which to hold its meetings, — so that the said paragraph 
will read as follows : — For necessary aid to soldiers and 
sailors and their famihes, and to the families of the slain, and, 
by special vote, may entrust such amount or any part 
thereof to any post of the grand army of the republic in such 
town to be disbursed under its direction to any such persons 
residing therein, but the treasurer or other financial officer of 
such post shall, before receiving such money, give bond to 
the town for the faithful disbursement thereof in a sum and 
with sureties to the satisfaction of the selectmen, and an- 
nually return to the town an itemized and specific statement 
under oath of the disbursement of such amounts during the 
preceding year, and exliibit his vouchers therefor to a com- 
mittee of the town for examination. Such special vote may 
also include such amount as the town may consider necessary 
to pay the rent of a suitable place for the post of the grand 
army of the republic situated in the town, in which to hold 
its meetings. 

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

Approved February 11, 1913. 



1911, 532 5 6, 
amended. 



Chap. 63 An Act relative to the retirement association of 

STATE EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1, Clausig (6) of division A of sub-section two 
of section six of chapter five hundred and thirty-two of the 
acts of the year nineteen hundred and eleven is hereby 
amended by adding at the end thereof the following: — pro- 
vided, that, if there is no executor or administrator of the 
estate of such deceased person, all sums due under this 
paragraph, not exceeding fifty dollars in any one case, may 



Acts, 1913. — Chaps. 64, 65. 45 

be paid to such person or persons as appear to be entitled 
to the proceeds of the estate, — so that the said clause will 
read as follows : — (6) Should a member of the association Annuity and 
die before becoming entitled to a pension, there shall be paid p«°^"'° ^'*°'*^- 
to his legal representatives all the money paid in by him 
under section five, (2) A, with such interest as shall have 
been earned on such deposits: provided, that, if there is no proviao. 
executor or administrator of the estate of such deceased 
person, all sums due under this paragraph, not exceeding 
fifty dollars in any one case, may be paid to such person or 
persons as appear to be entitled to the proceeds of the estate. 
Section 2. This act shall take effect upon its passage. 

Approved February 11, 1913. 



An Act to provide for an inclosed athletic field in Chap. 64 

THE city of CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. So much of the park lands known as the Athletic field 
Carter Street playground, under the jurisdiction of the park fhedtyof" 
commissioner of the city of Chelsea, as shall be designated ^®^^^- 
for that purpose b}' the said commissioner, shall be set apart 
for an inclosed athletic field under such regulations as 
may be prescribed by the commissioner. A plan showing 
the extent of the land so set apart shall be made and shall 
be kept on file in the office of the park commissioner. 

Section 2. This act shall be submitted to the voters Question to be 
of the city of Chelsea at the next municipal election, in tot^afor 
answer to the question, " Shall an act passed by the legislature *'^*'^p**'^''®* 
in the year nineteen hundred and thirteen authorizing the 
park commissioner to set apart a part of the park lands 
know^n as the Carter Street playground for an inclosed 
athletic field, be accepted? " If a majority of the votes cast 
thereon are in the affirmative, this act shall take effect; 
othermse it shall be void. Approved February 11, 1913. 

An Act to authorize the town of plainfield to refund Chav. 65 
certain outstanding indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of paJ^ng certain outstand- piatne^Smay 
ing demand notes amounting to seventeen hundred dollars, borrow money 



46 



Acts, 1913. — Chap. 66. 



for paying 
certain notes. 



Payment of 
indebtedness. 



Further vote 
of the town 
not required. 



the town of Plainfield Is hereby authorized to borrow the 
said sum and to issue therefor nine notes of the town, of 
wdiich eight shall be for two hundred dollars each, and one 
for one hundred dollars. Said notes shall be payable one 
each year, beginning not more than one year after the date 
of issue, so that the whole debt will be paid within nine years 
from the date of issue of the first note. The notes for two 
hundred dollars shall be payable prior to the note for one 
hundred dollars. Said notes shall bear interest at a rate 
not exceeding five per cent per annum, payable semi-an- 
nually, and the amount required to pay the interest and 
that part of the principal due each year shall be raised by 
taxation, and shall, without further action by the town, be 
assessed annually by the assessors in the same manner in 
which other taxes are assessed, until the debt is extinguished. 

Section 2. The treasurer of the town of Plainfield, with 
the approval of the selectmen, is hereby authorized, without 
further vote of the tow^n, to incur indebtedness under the 
provisions of this act for which said town shall be liable, 
and to issue notes of the town therefor in accordance with 
law. 

Section 3. This act shall take effect upon its passage. 

AjJjyroved February 11, 1913. 



Chap. 66 An Act making appropriations for the salaries and 

EXPENSES OF THE COMMISSION ON ECONOMY AND EFFI- 
CIENCY. 

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 commission on economy and efficiency, for the fiscal year 
ending on the thirtieth day of November, nineteen hun- 
dred and thirteen, to wit: — 

For the salaries of the members of the commission, a sum 
not exceeding eighty-five hundred dollars. 

For the salaries of the secretary, experts, clerks and other 
assistants, and for such other expenses as may be deemed 
necessary and proper, a sum not exceeding twenty thousand 
dollars. 

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

Approved February 11, 1913. 



Appropriations, 
commiasion 
on economy 
and efficiency. 



Salaries of 
members. 

Expenses. 



Acts, 1913. — Chaps. 67, 68, 69. 47 



An Act to increase the amount of property which (JJku) gy 

MAY be held by THE TRUSTEES OF THE AMERICAN COLLEGE 
FOR GIRLS AT CONSTANTINOPLE IN TURKEY. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter two hundred and i^^^^^^^^^ § *. 
forty-nine of the acts of the year nineteen hundred and 
eight is hereby amended by striking out the words "one 
miUion five hundred thousand", in the last Une, and insert- 
ing in place thereof the words: — six million, — so as to 
read as follows : — Section 4- Said corporation shall be May hold, etc., 
capable of taking and holding in fee simple, or any less peraonai 
estate, by gift, grant, bequest, devise, in trust or otherwise, ^^ **^' ^ "' 
any lands, tenements or other estate, real, personal or 
mixed, to any amount not exceeding six million dollars. 

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

Approved February 11, 1913. 



An Act to provide for advancing certain causes for Chap. 68 

SPEEDY TRIAL. 

Be it enacted, etc., as follows: 

Section 1. Upon the entry of any suit against the certain suits 
commonwealth or any county, city or town to recover advanced for 
damages for the taking of, or injury to, real estate under 
authority of any law or statute, the court shall, at the 
request of any party to the suit, advance the same so that 
it may be heard and determined with as httle delay as 
possible. 

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

Approved February 12, 1913. 

An Act making appropriations for the compensation (JJiap, 69 
and expenses of the minimum wage commission. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- AppropriationB, 
priated, to be paid out of the treasury of the commonwealth wage com- 
from the ordinary revenue, for the compensation and ex- '"'^^'°''' 
penses of the minimum wage commission, during the fiscal 
year ending on the thirtieth day of November, nineteen 
hundred and thirteen, to wit: — 



48 



Acts, 1913. — Chap. 70. 



Salary of 
secretary. 
Travelling 
expenses, etc. 



For the salary of the secretary, two thousand dollars. 

For the compensation and travelling expenses of the 
members of the commission, and for other necessary ex- 
penses, as provided for by section two of chapter seven 
hundred and six of the acts of the year nineteen hundred 
and twelve, five thousand dollars. 

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

Approved February 12, 1913. 



R.L. 164,5 6, 
etc., amended. 



Assistance to 
judges of 
probate and 
insolvency. 



Chap. 70 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 and by chapter three hundred and twenty-two of 
the acts of the year nineteen hundred and twelve, is hereby 
further amended by inserting after the word "shall", in the 
seventh line, the words : — in case there is no special judge 
of probate and insolvency in said county ready to act, — 
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 disqualifica- 
tion, or if, in his opinion, the court requires the assistance 
of another 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, in case 
there is no special judge of probate and insolvency in said 
county ready to act, 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 be heard and 
determined out of said county in the performance 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 pend- 
ing. Two or more simultaneous sessions of the court may be 
held, the fact being so stated upon the record. 

Approved February 12, 1913. 



Acts, 1913. — Chaps. 71, 72. 49 



An Act relative to the annual town meetings of the nh^jj 71 

TOWN of ABINGTON. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Abington, which now holds its Adjournment 
annual town meeting on the first ^Monday of INIarch and meetings in 
which has been divided into voting precincts for voting for AbingtoV 
all town officers and for voting on the question of granting 
licenses for the sale of intoxicating liquors, may adjourn 
the election of such officers and the voting on said question 
to the second Monday of March, and may transact at the 
meeting on the first Monday of INIarch all matters to be con- 
sidered at the annual town meeting other than the election 
of town officers and the question of granting licenses for 
the sale of intoxicating liquors. The time and place of 
holding the adjourned meeting for the election of officers 
and for voting on said question of the granting of licenses 
for the sale of intoxicating liquors shall be stated in the 
warrant for the annual election, and said election and the 
meetings to be held on the first INIonday of March and on 
the second IVIonday of March and any adjournment thereof 
shall be regarded as parts of the annual town meeting. At 
the meeting held on the first Monday of March, a mod- 
erator may be chosen. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Apiyroved February 12, 1913. 

An Act to authorize the placing of the name of Chap. 72 

LEON L. DENNIS ON THE OFFICIAL BALLOT FOR THE EN- 
SUING TOWN MEETING OF THE TOWN OF SWAMPSCOTT. 

Be it enacted, etc., as follows: 

Section 1. The town clerk of the town of Swampscott certain name 
is hereby authorized and directed to place on the official upon thrCaiiot 
ballot for the town meeting of the town of Swampscott to o^swam^acott 
be held during the month of February, nineteen hundred 
and thirteen, the name of Leon L. Dennis as a candidate for 
the office of water and sewer commissioner of said town for 
the term of one year. 

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

Approved February 12, 1913. 



50 



Acts, 1913. — Chaps. 73, 74. 



1905, 474, § 1. 
amended. 



Land may be 
taken and 
hospital 
erected for 
care, etc., of 
persons 
afflicted with 
leprosy. 



Chap. 73 An Act relative to the care and treatment of per- 
sons AFFLICTED WITH LEPROSY. 

Be it enacted, etc., as foUoivs: 

Section 1. Section one of chapter four hundred and 
seventy-four of the acts of the year nineteen hundred and 
five is hereby amended by adding at the end thereof the fol- 
lowing: — The said board in maintaining said hospital shall 
have power to retain all persons afflicted with leprosy for 
such time as it shall deem necessary for the well-being of 
the patient and the safety of the public, and may discharge 
such persons when in its judgment their health and the 
public welfare would not be endangered thereby, — so as 
to read as follows: — Section 1. The state board of charity, 
subject to the approval of the governor, shall be authorized 
to take in the name and for the use of the commonwealth 
land in fee by purchase or eminent domain, and to erect 
and maintain thereon a hospital for the custody, care and 
treatment of persons afflicted with leprosy, and for said 
purpose may expend a sum not exceeding fifty thousand 
dollars. The said board in maintaining said hospital shall 
have power to retain all persons afflicted with leprosy for 
such time as it shall deem necessary for the well-being of the 
patient and the safety of the public, and may discharge 
such persons when in its judgment their health and the 
public welfare would not be endangered thereby. 

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

Approved February I4, 1913. 

Chap. 74 An Act making appropriations for the maintenance 
of the lakeville state sanatorium. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, for the maintenance of the Lakeville state sana- 
torium, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit : — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of seventeen thousand two 
hundred eighty-six dollars and eight cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding seventy thousand thirteen dollars and 
ninety-two cents. 

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

Approved February I4, 1913. 



Lakeville 

state sana- 
torium, 
maintenance. 



Acts, 1913. — Chaps. 75, 76, 77. 51 



An Act making appropriations for the maintenance Chap. 75 

OF THE DANVERS STATE HOSPITAL. 

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

. . Pix^ state hospital, 

priated, lor the mamtenance oi the Danvers state hospital, maiutenance. 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of sixty-foiu* thousand eleven 
dollars and fifteen cents; and from the treasury of the 
commonwealth from the ordinary revenue, a sum not ex- 
ceeding two hundred ninety thousand five hundred eighty- 
eight dollars and eighty-five cents. 

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

Approved February I4, 1013. 

An Act making appropriations for the maintenance Chap. 76 
OF the foxborough state hospital. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Foxborough 
priated, for the maintenance of the Foxborough state hospital, maintenance.' 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of sixty-nine hundred sixty- 
five dollars and ninety-nine cents; and from the treasury 
of the commonwealth from the ordinary revenue, a sum not 
exceeding ninety-six thousand five hundred thirty-four 
dollars and one cent. 

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

Approved February I4, 1913. 

An Act making appropriations for the maintenance Chap. 77 

of the NORFOLK STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Norfolk 
priated, for the maintenance of the Norfolk state hospital, LaintenTnce.' 
during the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and thirteen, to wit: — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of three hundred twenty-two 
dollars and thirty-two cents; and from the treasury of the 



52 Acts, 1913. — Chaps. 78, 79. 

commonwealth from the ordinary revenue, a sum not exceed- 
ing twenty-nine thousand one hundred seventy-seven dol- 
lars and sixty-eight cents. 
Section 2. This act shall take effect upon its passage. 

Approved February 14, 1913. 

Chap. 78 An Act making appropriations for the compensation 
OF certain veterans and prison officers who have 
retired from the service of the commonwealth. 

Be it enacted, etc., as ] allows : 

Appropriations. 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 thirteen, to wit : — 

^ete'rans "^^^ ^^^^ compcusatiou of Certain veterans of the civil war 

and others formerly in the service of the commonwealth 
and now retired from that service, a sum not exceeding sixty 
thousand dollars. 

prlsouofficers. I^^r tlic compcnsatiou of certain prison officers formerly 
in the service of the commonwealth and now retired, a sum 
not exceeding eight thousand dollars. 

JistHct For compensation of district police officers formerly in the 

police officers, ggj-yicc of thc commou Wealth and now retired, a sum not 
exceeding one thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved February I4, 1913. 

Chap. 79 An Act making appropriations for the maintenance 

OF THE MASSACHUSETTS HOSPITAL SCHOOL. 

Be it enacted, etc., as follows: 

hoTpTtaUchooi Section 1. The sums hereinafter mentioned are appro- 
maintenance. ' priated, for the maintenance of the Massachusetts hospital 
school, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit : — 

From the receipts of said school now in the treasury of the 
commonwealth, the sum of thirty-eight thousand six hun- 
dred seventy-nine dollars and seventy-four cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding thirty-four thousand nine hundred 
thirty-four dollars and twenty-six cents. 
Section 2. This act shall take effect upon its passage. 

Approved February I4, 1913. 



Acts, 1913. — Chaps. 80, 81, 82. 53 



An Act making appropriations for the maintenance Phn^ en 

OF THE GARDNER STATE COLONY. 

Be it enacted, etc., as jollows: 

Section 1. The sums hereinafter mentioned are appro- Gardner state 
priated, for the maintenance of the Gardner state colony, tell^ncer'^"' 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

From the receipts of said colony now in the treasury of 
the commonwealth, the sum of forty-four hundred fifty 
dollars and twenty-five cents; and from the treasury of the 
commonwealth from the ordinary revenue, a sum not exceed- 
ing one hundred thirty-seven thousand forty-nine dollars 
and seventy-five cents. 

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

Approved February I4, 1913. 



An Act relative to the adahssion as evidence of rec- r<h^^ 01 

ORDS OF convictions OP WITNESSES. ^' 

Be it enacted, etc., as jollows: 

Section 1. Chapter one hundred and seventy-five of R- l. 175. § 21, 
the Revised Laws is hereby amended by striking out section 
twenty-one and inserting in place thereof the following: — 
Section 21. The conviction of a witness of a felony may be Competency 
shown to affect his credibility, but the conviction of a witness competed of 
of a misdemeanor shall not be admissible to affect his cred- '^"'"®' 
ibility unless the conviction was obtained within the period 
of five years prior to the time of his testifying, or unless there 
has been a subsequent conviction of the witness within the 
period of five years prior to the time of his testifying. 

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

Approved February I4, 1913. 

An Act relative to reports of charitable corpora- QJidj) §2 

tions. 

Be it enacted, etc., as follows: 

• Section 1. Section fourteen of chapter eighty-four of ^g^amenVed 
the Revised Laws, as amended by chapter four hundred 
and two of the acts of the year nineteen hundred and three, 
is hereby further amended by adding at the end thereof the 
following : — If any corporation subject to the provisions of 
this act shall fail for two successive years to file the said 



54 



Acts, 1913. — Chap. 83. 



Certain 
charitable 
corporations 
to make 
annual report 
to state board 
of charity. 



Time of taking 
effect. 



report, the supreme judicial court, upon application by the 
state board of charity, after notice and a hearing, may decree 
a dissolution of the corporation, — so as to read as follows : — 
Section 14- A charitable corporation whose personal prop- 
erty is exempt from taxation under the provisions of clause 
three of section five of chapter twelve shall annually, on or 
before the first day of November, make to the state board of 
charity a written or printed report for its last financial year, 
showing its property, its receipts and expenditures, the 
whole number and the average number of its beneficiaries 
and such other information as the board may require. If 
any corporation subject to the provisions of this act shall 
fail for two successive years to file the said report, the supreme 
judicial court, upon application by the state board of charity, 
after notice and a hearing, may decree a dissolution of the 
corporation. 

Section 2. This act shall take effect upon the first 
day of November in the year nineteen hundred and thirteen. 

Approved February 14, 1913. 



The Brockton 
Chamber of 
Commerce, 
Incorporated. 



Chap. 83 An Act to incorporate the brockton chamber of 

COMMERCE, incorporated. 

Be it enacted, etc., as follows: 

Section 1. Arthur H. Andrews, Horace A. Poole, 
Ellery C. Dean, Walter Pratt, Walter M. Steele, Lester G. 
riagg, John P. Meade, F. Ernest Mackie, G. Ernest Spear, 
James F. Moriarty, David F. Sullivan, William D. Dwyer 
and William G. Rowe, their associates and successors, are 
hereby made a corporation by the name of Brockton Chamber 
of Commerce, Incorporated. 

Section 2. The purpose of the corporation shall be to 
promote the commerce, trade, industry and public interests 
of the city of Brockton, and New England; to promote and 
regulate a commercial exchange in the city of Brockton; 
to acquire and disseminate business information; to estab- 
lish and maintain uniformity in commercial usages; and to 
promote just and equitable principles of trade. 

Section 3. The corporation shall have all the powers 
and privileges and be subject to all the duties, restrictions 
and liabilities set forth in all general laws now or hereafter 
in force, applicable to such corporations and not inconsistent 
with this act. 



Purposes. 



Powers, 
duties, etc. 



Acts, 1913. — Chap. 84. 55 

Section 4. The corporation shall have power to estab- By-iaws, etc. 
lish by-laws suitable to carry out the powers hereby granted, 
including provisions as to the admission, suspension and 
expulsion of members, and a delegation of power to officers, 
committees and directors. 

Section 5. The management and control of the property Directors, etc. 
and affairs of said corporation, subject to its by-laws, shall 
be vested in a board of twelve directors, who shall be elected 
as may be provided in the by-laws to be adopted by the cor- 
poration, and there shall be such other officers with such 
duties as the by-laws may prescribe. 

Section 6. The corporation is hereby authorized to May hold real 
hold real and personal estate to an amount not exceeding fifty estate, etc. 
thousand dollars, with authority to sell, purchase, mortgage, 
lease or rent the same or any part thereof. 

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

Approved February I4, 1913. 



An Act to unite the winthrop church with the first Chap. 84 

PARISH in the t6wN OF CHARLESTOWN AND THE CHURCH 
AFFILIATED THEREWITH AND FOR OTHER PURPOSES. 

Be it enacted, etc., as foUoivs: 

Section 1. The voluntary religious association, com- First church 
monly known as the First Church, or the First Church of Inc^r^'rater" 
Christ, or the First Parish Church in Charlesto\\Ti, affiliated 
with the First Parish in the Town of CharlestouTi, incor- 
porated by an act approved jMarcli fifth in the j'ear eighteen 
hundred and three, and situated in the CharlestowTi district 
of Boston, upon the acceptance of this act by a two thirds 
vote of its members present and voting at a meeting called 
for the purpose and by the recording in the registry of deeds 
for the county of Suffolk of a certificate of said vote, duly 
made and sworn to by the clerk of said meeting, shall be 
a corporation by the name of the First Church in Charles- 
town, with all the rights, powers, franchises, and privileges 
which the said voluntary religious association has heretofore 
acquired, or enjoyed by statute, vote, gift, grant, usage, 
prescription or otherwise, and subject to all the duties and 
liabilities to which the said voluntary religious association 
has heretofore been subject, and also, except as may be 
provided otherwise in this act, with all the rights, powers, 
and privileges, and subject to all the duties and liabilities, of 



56 



Acts, 1913. — Chap. 84. 



Membership. 



Property, etc., 
of certain 
religious 
association 
to be vested 
in said 
corporation. 



May take, etc.. 
real and 
personal 
estate, etc. 



May convey 

certain 

property. 



religious corporations instituted under the general laws of 
the commonwealth; and upon the acceptance of this act 
as aforesaid, all members of the said voluntary religious 
association shall be members of the said new corporation, 
the First Church in Charlestown. 

Section 2. All property, both real and personal, and 
all property rights, now held or owned by the said voluntary 
religious association, or by its deacons or other officers in 
trust for the said voluntary religious association or for other 
charitable purposes administered in connection with it or 
otherwise, shall be vested, upon the acceptance of this act 
as aforesaid, in the corporation created by the first section 
of this act, and thereafter shall be held in fee simple by the 
said corporation upon the same uses and trusts upon which 
the same are now held and upon no other, and the said 
deacons, and any other officers of the said voluntary re- 
ligious association who hold real or personal estate luider the 
general laws of this commonwealth, are hereby authorized, 
at any time after the acceptance of this act as aforesaid, 
subject to the same uses and trusts as when held by them, 
to convey such property, real and personal, to the corporation 
created by section one of this act. 

Section 3. The corporation created by section one of 
this act is hereby authorized to take and hold for religious, 
benevolent and charitable purposes gifts, grants, bequests, 
devises of real and personal property to an amount, exclusive 
of all buildings and the land pertaining thereto, occupied 
or used by it for said purposes, not exceeding the sum of two 
hundred thousand dollars, with full power to sell and convey, 
free of trust, any part or the whole of its said property, in- 
cluding said land and buildings, for purposes of investment 
and reinvestment, and for the improvement, alteration or 
relocation of any of its said buildings, and upon any such 
sale the proceeds thereof shall be held upon the same trusts 
upon which the property thus sold was held, and the pur- 
chaser shall not be responsible for the application of the 
purchase money. At any time after the acceptance of this 
act as aforesaid, the said corporation may convey any or 
all of its property, both real and personal, subject, neverthe- 
less, as to any property held by it in trust, to the same 
trusts and uses as when held by it, in trust, either for its 
own benefit or for the general purposes of the grantee next 
hereinafter named, to the Congregational Church Union of 



Acts, 1913. — Chap. 84. 57 

Boston and Vicinity, a corporation duly organized under the 
laws of the said commonwealth, and to its successors, if, 
and in such manner as, the said corporation, the First Church 
in Charlestown, by a two thirds vote of its members present 
and voting, at a meeting called for the purpose, shall vote 
to make such a conveyance. 

Section 4. At any time after the acceptance of this The First 
act, as provided in section one, the said First Parish in the Towno? 
Town of Charlestown may, by a two thirds vote of its mem- may"^ convey 
bers present and voting at a meeting called for the purpose, ^ said^^"^ 
authorize one or more persons in its name and on its behalf corporation, 
to execute, acknowledge and deliver proper deeds and other 
instruments, conveying in fee simple all of its property, both 
real and personal, to the corporation created by section one 
of this act, and upon the acceptance of the said conveyance 
by the corporation created by section one of this act by a 
two thirds vote of its members present and voting at a meet- 
ing duly called for the purpose, and upon the recording in the 
registry of deeds for the county of Suffolk of the said deeds 
and other instruments of transfer, together with certificates, 
duly made and sworn to by the clerks of the said meetings, 
respectively, of the said votes authorizing the said conveyance 
and the acceptance thereof, the members of the said cor- 
poration, the First Parish in the To^^^l of Charlestown, shall 
become members of the corporation created by section one 
of this act, with all the rights of any members thereof, 
and the corporate existence of the said corporation, the First 
Parish in the To^\^l of Charlestown, shall cease and deter- 
mine. 

Section 5. At any time subsequent to the acceptance TheWinthrop 

p , . . 1 V . . mi TTT- 1 /^i 1 Church may 

oi this act, as provided in section one, ilie VVintnrop Church, convey its 
a religious corporation, incorporated October twenty-first, said corpoia- 
in the year eighteen hundred and ninety, under chapter four '*'°' ^ °' 
hundred and four of the acts of the year eighteen hundred 
and eighty-seven and situated in the said Charlestown 
district, may, by a two thirds vote of its members present 
and voting at a meeting duly called for the purpose, authorize 
one or more persons in its name and on its behalf to execute, 
acknowledge and deliver proper deeds and other instruments 
conveying in fee simple all of its property, both real and 
personal, to the corporation created by section one of this 
act; and upon the acceptance of the said conveyance by the 
corporation created by section one of this act, by a two thirds 



58 



Acts, 1913. — Chap. 84. 



Corporation 
to assume 
certain duties, 
liabilities, etc. 



Certain rights 
not affected. 



How trust 
property or 
income shall 
be applied, etc. 



vote of its members present and voting at a meeting duly 
called for the purpose, and upon the recording in the registry 
of deeds for the county of Suffolk of the said deeds and other 
instruments, together with certificates, duly made and sworn 
to by the clerks of the said meetings, respectively, of the 
said votes authorizing the said con\'eyance and the acceptance 
thereof, the members of the said corporation, The Winthrop 
Church, shall thereupon become members of the corporation 
created by section one of this act, with all the rights of any 
members thereof, and the corporate existence of The Win- 
throp Church, aforesaid, shall thereupon cease and determine. 

Section 6. When and if each one of the said two cor- 
porations. The Winthrop Church, and the First Parish in 
the Town of Charlestown, shall, as above provided, conve}'^ 
all its real and personal property to the corporation created 
by section one of this act, and shall cause to be recorded in 
the registry of deeds for the county of Suffolk the deeds 
making such conveyance, and the certificates duly made 
and sworn to, as aforesaid, of the votes authorizing said 
conveyance and the acceptance thereof as herein provided, 
thereupon all property, both real and personal, held by or 
for the said corporation so conveying, in trust or otherwise, 
shall be held by the corporation created by section one of 
this act, upon the same uses and trusts upon which said 
property was held previous to such conveying and recording, 
and all property, rights, powers, franchises and privileges 
which the said corporation so conveying may then possess 
or enjoy by statute, vote, gift, grant, usage, prescription or 
otherwise, shall thereupon be vested in the corporation 
created by section one of this act; and all debts and other 
obligations of the said corporation so conveying, so far as 
the same shall be valid, including any obligation arising 
from any defect in the performance of the act of transfer, 
authorized as aforesaid, shall be assumed, paid and dis- 
charged by the corporation created by section one of this 
act. No rights in pews in the corporation so conveying shall 
be dissolved or impaired by the provisions of this act, but 
all such rights owned or held prior to the passage of this act, 
in or in respect to the corporation so conveying, shall be 
reassigned for and in place thereof by and in the name of 
the corporation created by section one of this act. 

Section 7. In case of doubt as to the manner in which 
any property, held in trust or otherwise, conveyed to or 
vested in the corporation created by section one of this act, 



Acts, 1913. — Chap. 84. 59 

under the provisions of this act, or the income thereof, 
should be held, administered or applied by the said cor- 
poration, the matter may be determined by the supreme 
judicial court upon the application of any person interested 
or of the attorney-general; and until said court shall other- 
wise order, such property and the income thereof shall be 
held, administered and applied by the said corporation in 
accordance with the terms of the original trusts or as nearly 
in accordance therewith as is possible. 

Section 8. When The Winthrop Church aforesaid shall TheWinthrop 
under the provisions of this act become merged in the cor- solved. 
poration created by section one of this act, the corporate 
existence of the Winthrop Society, incorporated under an 
act approved IMarch first, in the year eighteen hundred and 
thirty-three, which has hitherto, under authority conferred 
by chapter four hundred and four of the acts of the year 
eighteen hundred and eighty-seven, conveyed all of its prop- 
erty to The Winthrop Church, aforesaid, which conveyance 
is hereby ratified, confirmed and made valid, shall cease 
and determine. 

Section 9. The property conveyed to, or vested in, the Property to be 
corporation created by section one of this act, under the as^lTgie^'^^'* 
provisions hereof, excepting only such property as prior to P'^°p®''t>'' ^'^''• 
such conveyance or vesting may have been held for specific 
and limited charitable uses and trusts, shall not, after such 
conveyance and vesting, be applied or apportioned with 
reference to the source or the religious body aforesaid from 
which it was derived under the provisions of this act, but 
shall be administered and applied by the corporation created 
by section one of this act, for its general church and charitable 
purposes and as a single consolidated property and fund. 

Section 10. Any person aggrieved by any provision of Damages. 
this act maj^ at any time within six months after the record- 
ing of such of the various deeds or other instruments in this 
act provided for, as is alleged to be the cause of such injury, 
apply by petition to the supreme judicial court, to have his 
damages determined by a jury therein, or by or under the 
direction of said court; and damages so awarded, with the 
costs of suit allowed by statute in civil cases, attending such 
award, shall be paid by the corporation created by section 
one of this act. 

Section 11. The records, books of account and other Recorda, 
papers of the several bodies merged in the corporation created 
by section one of this act shall be the property of the said 



60 



Acts, 1913. — Chap. 85. 



First meeting. 



OflBcers, by- 
laws, etc. 



Gifts, grants, 
etc. 



corporation, — of the said Winthrop Society and of The 
Winthrop Church aforesaid, when the latter body is so 
merged, and of the said First Parish in the Town of Charles- 
town when it is so merged. 

Section 12. The first meeting of the corporation created 
by section one of this act shall be held within thirty days 
after the acceptance of this act as provided in section one 
hereof, and shall be warned by a notice in writing signed by 
one or more members of the said corporation, stating the 
object, time and place of the meeting, posted on the outer 
door of the meetinghouse of the said First Parish in the 
Town of Charlestown, at least fourteen days before the 
meeting. At such meeting the said corporation shall elect a 
moderator, a treasurer and a clerk, who shall be sworn, and 
such other officers, and shall adopt such by-laws, prescribing 
the time for holding its annual meeting, the manner in which 
persons may become members, and such other provisions, 
not inconsistent with this act or with the general laws of this 
commonwealth regarding religious corporations, as the said 
corporation may determine. 

Section 13. All gifts, grants, bequests and devises made 
or accruing to, or for the benefit of, the said First Parish in 
the Town of Charlestown, or of the church or any of the 
officers, affiliated with it, or The Winthrop Church aforesaid, 
after the merger in the corporation created by section one 
of this act, of the body or its officers aforesaid, receiving such 
gift, grant, devise or bequest, shall vest in the corporation 
created by section one of this act. 

Section 14. This act shall take effect upon its passage. 

Approved February 1^, 1913. 



Chap. 85 An Act to provide for the summoning of witnesses 

TO ATTEND AND TESTIFY BEFORE CERTAIN BOARDS AND 
OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and 
seventy-five of the Revised Laws, as amended by section 
one of chapter three hundred and twenty-eight of the acts of 
the year nineteen hundred and seven, is hereby further 
amended by inserting after the word " commissioners ", in 
the seventh line, the words : — commissioner of public 
safety, — by striking out the word "or ", in the seventeenth 



R. L. 175, § 8, 
etc., amended. 



Acts, 1913. — Chap. 86. 61 

» 
line, and by inserting after the word "board ", in the seven- 
teenth hne, the words: — or commission, — by striking out 
the word " or", after the word " committee", in the nineteenth 
line, and by inserting after the word "board ", in the same 
line, the words : — or commission, — so as to read as fol- 
lows : — Section 8. Witnesses may be summoned to attend witnesses 

1111 1 . before city and 

and testify and to produce books and papers at a hearmg town officials. 
before a city council, or either branch thereof, or before a 
joint or special committee of the same or of either branch 
thereof, or before a board of selectmen or a board of police 
commissioners, or a fire commissioner or a board of fire com- 
missioners, commissioner of public safety, or a school board, 
or a licensing board for the granting of licenses for intox- 
icating liquors, or a board of registrars of voters, or before 
the board of police or of election commissioners for the city 
of Boston at any hearing before them, as to matters within 
their authority; and such witnesses shall be summoned in 
the same manner, be paid the same fees and be subject to 
the same penalties for default, as witnesses before police, 
district and municipal courts. The presiding officer of such 
council, or of. either branch thereof, or a member of any 
such committee, board or commission may administer 
oaths to witnesses who appear before such council, or either 
branch thereof, or any such committee, board or commission, 
respectively. 
Section 2. This act shall take effect upon its passage. 

Aijproved February 17, 1913. 

An Act making an appropriation for the compensa- QJiar) 86 

TION AND expenses OF THE COMMISSION ON GRATUITIES 
FOR VETERAN SOLDIERS AND SAILORS WHO VOLUNTEERED 
THEIR SERVICES IN THE CIVIL WAR. 

Be it enacted, etc., as follows: 

Section 1. The sum of five thousand dollars is hereby Commissi9n 
appropriated, to be paid out of the treasury of the common- ^r vTteran^ 
wealth from the ordinary revenue, for the compensation and ^{foVTco^- 
expenses of the commission on gratuities for veteran soldiers pensation, etc. 
and sailors who volunteered their services in the civil war. 

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

Approved February 17, 1913. 



62 Acts, 1913. — Chaps. 87, 88. 



Chap. 87 An Act to increase the number op the trustees of 

THE EPISCOPAL THEOLOGICAL SCHOOL. 

Be it enacted, etc., as follows: 

etf'amendwi. SECTION 1. Sectloii two of chapter three hundred and 
thirty-three of the acts of the year eighteen hundred and 
sixty-seven, as amended by chapter thirty-seven of the acts 
of the year eighteen hundred and eighty-nine, is hereby 
further amended by striking out the word "seven", in the 
second Une, and inserting in place thereof the word : — nine, 

Trustees, — qq ^s to Tcad as f ollows I — Sectiou 2. The number of 

number, duties, i ii i • i • p i 

etc. said trustees shall be nme, and m case or any vacancy caused 

by the death, resignation or removal of any trustee, a new 
trustee shall be elected by the surviving or remaining trustees; 
and any trustee may be removed from office by the unani- 
mous vote of all the remaining trustees. Said trustees may 
appoint such officers as they think fit for the management 
of the affairs of the corporation, and they shall appoint all 
professors, lecturers, tutors and instructors in the said school, 
prescribe their duties, and fix their salaries and tenure of 
office. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1913. 

Chap. 88 An Act to authorize the first congregational (uni- 
tarian) SOCIETY OF LEOMINSTER TO HOLD ADDITIONAL 
REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

conjlgationai SECTION 1. The Flrst Congregational (Unitarian) So- 
(Unitarian) cicty of Leomiuster is hereby authorized to receive and hold 

.Society of . ^ i • i i i i i • i • 

Leominster m trust, thc property devised and bequeathed to said society 

and hold by the will of Manson D. Haws, late of said Leominster, de- 

^opeuy. ceased, in addition to the property now held by the society, 

and to use the income thereof for the purpose set forth in 

the said will. 

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

Approved February 17, 1913. 



Acts, 1913. — Chaps. 89, 90. , 63 



An Act to authorize the trustees of the thomas Chav 89 

CRANE PUBLIC LIBRARY TO HOLD ADDITIONAL REAL AND 
PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

The trustees of the Thomas Crane public library of Quincy The Thomaa 
are hereby authorized to take and hold real and personal library may" 
estate to an amount not exceeding seven hundred and fifty additbnai 
thousand dollars, which may be given, granted, conveyed, lonafe^tite"!' 
bequeathed or devised to It and accepted by the trustees 
for the benefit of the public library of the city of Quincy 
or for any purpose connected therewith: provided, that Proviso, 
both the principal and income thereof shall be appropriated 
in accordance with the terms of the gift, devise or bequest, 
under the direction of said corporation. 

Approved February 17, 1913. 

An Act to authorize the town of Norwood to incur CJiaj) 90 

ADDITIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follotvs: 

Section 1. The town of Norwood, for the purposes Norwood 
mentioned in chapter three hundred and eleven of the Act of 1913. ^°' 
acts of the year nineteen hundred and one, and for the 
extension of its system of sewerage, may incur Indebtedness 
to an amount not exceeding fifty thousand dollars, In addition 
to the amount authorized by said chapter, and may issue 
therefor from time to time bonds or notes which 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, Norwood Sewerage Loan, Act of 1913, shall 
be payable within periods not exceeding thirty years from 
the Issuing thereof, 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 coun- 
tersigned by a majority of the 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 the board of sewer commissioners, pay therefrom 
the expenses incurred for the purposes mentioned in this 
section. 



64 



Acts, 1913. — Chaps. 91, 92. 



Payment of 
loan. 



Section 2. The town 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 specified in this act; and when a vote to that effect 
has been passed the amount required thereby, and also the 
amount required to pay the interest on the loan, les4 the 
amount that may be appropriated therefor under the pro- 
visions of section eleven of said chapter three hundred and 
eleven 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 3. This act shall take effect upon its passage. 

Apjjroved February 17, 1913. 



The Wardens, 
etc., of St. 
Stephen's 
Church in 
Pittafielcl may 
hold real and 
personal 
estate, etc. 



Chap. 91 An Act to authorize the wardens, vestry and pro- 
prietors OF ST. Stephen's church in pittsfield to 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The Wardens, Vestry and Proprietors of 
St. Stephen's Church in Pittsfield are hereby authorized to 
hold real and personal estate to an amount not exceeding 
three hundred and fifty thousand dollars, which property 
and the income derived from it shall be devoted to the 
purposes set forth in its charter, or to other church purposes. 

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

Approved February 17, 1913. 

Chap. 92 An Act to authorize the city of fitchburg to incur 

INDEBTEDNESS FOR THE PURPOSE OF CONSTRUCTING A 
SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg, for the purpose of 
constructing a system of sewage disposal, as authorized by 
chapter tliree hundred and fifty-four of the acts of the year 
nineteen hundred and one, by chapter four hundred and 
sixty-one of the acts of the year nineteen hundred and ten 
and by chapter four hundred and forty of the acts of the 
year nineteen hundred and twelve, may incur indebtedness, 
beyond the limit fixed by law to an amount not exceeding 
five hundred thousand dollars, in addition to the amount 
authorized by said chapter three hundred and fifty-four. 



The city of 
Fitchburg may 
incur in- 
debtedness 
for sewerage 
purposes. 



Acts, 1913. — Chaps. 93, 94. 65 

and may issue, from time to time, 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 and one half per cent per annum, payable semi-annually, 
as the city council shall determine. 

Section 2. The city council of said city shall, at the time Payment ot 
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 there- 
after, 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, until the debt incurred by the said loan 
is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved February 17, 1913. 

An Act relative to books and reports distributed by (Jfiart. 93 

THE commonwealth TO CITY AND TOWN LIBRARIES, 

Be it enacted, etc., as follows: 

Section 1. In case the trustees of any city or town Distribution 
library shall vote not to keep or receive any of the books and to c^tam^ "' 
reports which the secretary of the commonwealth is au- be dfscon"^^ 
thorized to send to such library, the secretary of the com- *»°"®^- 
monwealth, at the request of the commissioner of public 
records, may discontinue sending such books and reports. 

Section 2. Any of said books and reports now in the Books, etc., 
custody of any city or town library may be returned at its turned, etc. 
expense to the state library, or may otherwise be exchanged 
or disposed of with the sanction of the board of free public 
library commissioners. 

Section 3. This act shall take effect upon its passage. 

Approved February 17, 1913. 

An Act to authorize the town of millbury to pay a Chap. 94 

SUM OF money to MARTIN J. ROACH. 

Be it enacted, etc., cls folloivs: 

The town of INIillbury is hereby authorized to compensate ^^^^^P •'■ 
]\Iartin J. Roach for services and for expenses incurred in 
sprinkling the streets of said town in the year nineteen 
hundred and eleven. Approved February 17, 1913. 



66 



Acts, 1913. — Chap. 95. 



1909, 534, § 20, 
amended. 



Certifioatea 

may be sus- 
pended or 
revoked, etc. 



Chap. 95 An Act relative to the operation of motor vehi- 
cles BY non-residents. 

Be it enacted, etc., as foUotvs: 

Section 1. Section twenty of chapter five hundred and 
thirty-four of the acts of the year nineteen hundred and 
nine is hereby amended by adding at the end thereof the 
following : — The commission, under the same conditions 
and for the same causes for which it may suspend or revoke 
any license issued by it, may also suspend the right of any 
non-resident of Massachusetts to operate motor vehicles in 
this state until he shall have received a license from the 
commission; and the provisions of section twenty-one of 
this act shall apply to any such person who operates a motor 
vehicle in this state after notice of such suspension has been 
issued and received by him or by his agent or employer, — 
so as to read as follows : — Section 20. The commission may 
suspend or revoke any certificate of registration or any 
license issued to any person under the provisions of this 
act, after due hearing, for any cause which it may deem 
sufficient, and the commission may suspend the license of 
any operator or chauffeur in its discretion and without a 
hearing, and may order the license to be delivered to it, 
whenever it has reason to believe that the holder thereof is 
an improper or incompetent person to operate motor vehicles, 
or is operating improperly or so as to endanger the public; 
and neither the certificate of registration nor the license 
shall be reissued unless, upon examination or investigation, 
or after a hearing, the commission determines that the 
operator or chauffeur should again be permitted to operate. 
The commission, under the same conditions and for the same 
causes for which it may suspend or revoke any license issued 
by it, may also suspend the right of any non-resident of 
]\Iassachusetts to operate motor vehicles in this state until 
he shall have received a license from the commission; and 
the provisions of section twenty-one of this act shall apply 
to any such person who operates a motor vehicle in this 
state after notice of such suspension has been issued and 
received by him or by his agent or employer. 

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

Approved February 17, 1913. 



Acts, 1913. — Chaps. 96, 97. 67 



An Act to provide for assistant assessors in the Chav 96 

TOWN OF WESTFIELD. 

Be it enacted, etc., as follows: 
Section 1. The assessors of the town of Westfield shall, ^^^istant 

' aasessora in 

after the next annual town meeting for choice of town ^v®,*2"j3°^ 
officers and in the month of March next ensuing, elect from election, ' 
the legal voters of said town assistant assessors, each of *"°' 
them to serve for one year from the date of his election, and 
until his successor is elected and qualified; and thereafter, 
the assessors of said town shall annually, after the annual 
town meeting in that year and in the month of JMarch, elect 
from the legal voters assistant assessors, each of them to 
serve for one year from the date of his election, and until 
his successor is elected and qualified. The said assistant 
assessors shall be sworn to the faithful performance of tlieir 
duties and shall have the powers and i)erform the duties 
prescribed by law for assistant assessors. The assessors 
shall, prior to the first election of the assistant assessors and 
from time to time thereafter, as may be convenient or 
necessary, divide tlie said town into districts for assessing 
taxes, and an assistant assessor shall be chosen for each of 
said districts. In case of a vacancy occurring before the Vacancy, etc. 
expiration of the term of any assistant assessor, the assessors 
shall have power to fill the vacancy for the unexpired term. 
The compensation of the assistant assessors shall be fixed 
by the assessors. 
Section 2. This act shall take effect upon its passage. 

Ajiproved February 17, 1013. 

An Act to authorize the town of edgartown to nh^^. 07 
appropriate money for advertising the town. 

Be it enacted, etc., as follows: 

Section 1. The towm of Edgartown may, by a two The town of 
thirds vote at any annual town meeting after legal notice may%°pr^ 
thereof in the warrant calling the meeting, appropriate a fora^dvTnbmg 
sum not exceeding three hundred dollars for the purpose of p^^rposes. 
advertising the advantages of the town as a place of residence 
or summer resort. 

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

Approved February 17, 1913. 



68 



Acts, 1913. — Chaps. 98, 99, 100. 



Chap. 98 An Act to prohibit fishing or the setting of nets in 

THE MAIN SHIP CHANNELS IN BOSTON HARBOR. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to fish or for that pur- 
pose to set any line trawl, seine or net of any kind in the 
main ship channels in Boston harbor. 

Section 2. For the piu'poses of this act the term "main 
ship channels" shall mean that part of the harbor in which 
the anchoring of vessels is forbidden by the regulations of 
the harbor master. 

Section 3. Whoever violates the provisions of this act 
shall be punished by a fine of not more than one hundred 
dollars, or by imprisonment for a term not exceeding three 
months, or by both such fine and imprisonment. 

Approved February 17, 1913. 



Fishing, etc., 
in certain 
places in 
Boston harbor 
prohibited. 

Term defined. 



Penalty. 



Chap. 99 An Act to authorize the town of Rutland to appro- 
priate MONEY FOR AN ANNIVERSARY CELEBRATION. 

Be it enacted, etc., as follows: 

The town of Rutland is hereby authorized to raise by 
taxation and appropriate such amount of money as may 
be authorized by a two thirds vote of the voters of the town 
voting thereon at an annual town meeting or at a special 
meeting duly called for the purpose, for the celebration in 
the year nineteen hundred and fourteen of the two hundredth 
anniversary of the founding of the town, and for publishing 
an account of the celebration. 

Approved February 17, 1913. 



The town of 
Rutland may 
appropriate 
money for an 
anniversary 
celebration. 



C/iax>. 100 An Act making appropriations for the maintenance 

OF the MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED. 



Appropriations, 
Massachusetts 
School for the 
Feeble-Minded. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, for the maintenance of the Massachusetts School for 
the Feeble-Minded, for the fiscal year ending on the thirtieth 
day of November, nineteen hundred and thirteen, to wit : — 

From the receipts of said school now in the treasury of 
the commonwealth, the sum of seventeen thousand nine 
hundred twenty-seven dollars and fifty-four cents; and from 
the treasury of the commonwealth from the ordinary revenue, 



Acts, 1913. — Chaps. 101, 102. 69 

a sum not exceeding two hundred eighty-five thousand sev- 
enty-two dollars and forty-six cents. 

For the city of Waltham for the annual assessment due sewage 
from the commonwealth toward maintaining and operating '^'^p*^'^- 
a system of sewage disposal at the Massachusetts School 
for the Feeble-Minded, the sum of eight hundred twenty 
dollars and eighty-nine cents, as provided for by section 
three of chapter eighty-three of the acts of the year eighteen 
hundred and ninety-three. 

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

Approved February 17, 1913. 

An Act making appropriations for the maintenance Qfiaj) 101 

OF THE WESTFIELD STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- West field state 
priated, for the maintenance of the Westfield state sana- mafn't'e'^ncJe. 
torium, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit: — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of twenty-six thousand four 
hundred forty-eight dollars and fifty-one cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding sixty-two thousand fifty-one dollars 
and forty-nine cents. 

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

Approved February 17, 1913. 

An Act making appropriations for the maintenance ni^f.^ ino 

of the north reading STATE SANATORIUM. ^' 

Be it enacted, etc., as folloios: 

Section 1. The sums hereinafter mentioned are appro- North 
priated, for the maintenance of the North Reading state ^^'^rfum^''* 
sanatorium, for the fiscal year ending on the thirtieth day of maintenance. 
November, nineteen hundred and thirteen, to wit : — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of twenty-two thousand two 
hundred twenty-one dollars and forty-six cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding sixty thousand six hundred forty- 
three dollars and fifty-four cents. 

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

Approved February 17, 1913. 



70 Acts, 1913. — Chaps. 103, 104, 105. 



Chap. 103 An Act making appropriations for the maintenance 

OF THE NORTHAMPTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

futeh'oTp^tei! Section 1. The sums hereinafter mentioned are appro- 
mainteaance. plated, foF the maintenance of the Northampton state 
hospital, during the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit: — 

From the receipts of said hospital now in the treasur}^ of 
the commonwealth, the sum of fifty-one thousand nine 
hundred fifty-three dollars and nineteen cents; and from the 
treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding one hundred thirty-four thousand 
two hundred forty-six dollars and eighty-one cents. 

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

Approved February 17, 1913. 

Chap. 104: An Act making appropriations for the maintenance 

OF THE RUTLAND STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Rutland SECTION 1. The sums hereinafter mentioned are appro- 

^'^torium, priated, for the maintenance of the Rutland state sanatorium, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

From the receipts of said sanatorium now in the treasury 
of the commonwealth, the sum of fifty thousand two hundred 
sixty-eight dollars and ninety-four cents; and from the 
treasury of the commonwealth from the ordinary revenue, a 
sum not exceeding one hundred thirty-two thousand seven 
hundred thirty-one dollars and six cents. 

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

Approved February 17, 1913. 



maiatenance. 



Chap. 105 An Act in addition to an act to provide for suitably 

REWARDING CERTAIN VETERAN SOLDIERS AND SAILORS. 

Be it enacted, etc., as follows: 

1912. 702 §7, Section 1. Section seven of chapter seven hundred 

and two of the acts of the year nineteen hundred and twelve 
is hereby amended by striking out the words "one hundred 
and fifty thousand ", in the seventh line, and inserting in place 
thereof the words : — seven hundred thousand, — so as to read 



Acts, 1913. — Chaps. 106, 107. 71 

as follows : — Section 7. The expenditures to be made under Expenditures 
authority of this act shall be taken from the Massachusetts from the ^"^ 
Volunteer Fund, and if the fund shall not be sufficient for voriT^tee"/^"^ 
the pm"pose, the treasurer and receiver general, with the ^^'^'^' 
advice and consent of the governor and council, may from 
time to time issue bonds of the commonwealth to an amount 
not exceeding seven hundred thousand dollars. Such bonds 
shall be issued for terms of not more than ten years, shall be 
sold or disposed of in such manner and at such times and 
prices, and in such amounts and at such rates of interest, not 
exceeding four per cent per annum, as the treasurer, with the 
approval of the governor and council, may determine. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1013. 

An Act making appropriations for the maintenance r*/,^^ inn 

OF THE MEDFIELD STATE ASYLUM. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- Medfiew state 
priated, for the maintenance of the IMedfield state asylum, maintenance. 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit: — 

From the receipts of said asylum now in the treasury of 
the commonwealth, the sum of thirteen thousand nine hun- 
dred forty-three dollars and four cents ; and from the treasury 
of the commonwealth from the ordinary revenue, a sum not 
exceeding three himdred forty-three thousand six hundred " 
fifty-four dollars and ninety-six cents. 

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

Approved February 17, 1913. 

An Act making appropriations for the maintenance nhn^ 107 

OF THE MONSON STATE HOSPITAL. ^' 

Be it enacted, etc., as follouis: 

Section 1. The sums hereinafter mentioned are appro- Monson 
priated, for the maintenance of the Monson state hospital, maintenTnS!* 
during the fiscal year ending on the thirtieth day of Novem- 
ber, nineteen hundred and thirteen, to wit : — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of fourteen thousand four 
hundred ninety-seven dollars and seventy-six cents; and 



^ 



72 



Acts, 1913. — Chaps. 108, 109. 



Comptroller 
of accounts 
of the city of 
Newton, 
election, 
term, etc. 



from the treasury of the commonwealth from the ordinary- 
revenue, a sum not exceeding two hundred nineteen thousand 
eight hundred twenty-seven dollars and twenty-four cents. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1913. 

Chap. 108 An Act to establish the office of comptroller of 

ACCOUNTS OF THE CITY OF NEWTON. 

Be it enacted, etc., as follows: 

Section 1. The office of comptroller of accounts of the 
city of Newton is hereby established. The comptroller of 
accounts shall have charge and oversight of the accounts 
and bookkeeping of the city of Newton and of the_ various 
departments thereof, and shall have such other powers and 
duties as the board of aldermen of the city may by ordinance 
prescribe. He shall be elected by the board of aldermen. 
The term of office of the first comptroller of accounts chosen 
hereunder shall be for the term of two years from the succeed- 
ing second Monday in February, or until his successor is 
elected and qualified. Thereafter the term of office shall be 
three years from the second Monday of February, or until 
a successor is elected and qualified. The comptroller of 
accounts may be removed by vote of a majority of all the 
members of the board of aldermen taken by ballot. A 
vacancy in the office shall be filled in the same man- 
ner, and the person elected shall hold office until the 
end of the unexpired term, unless removed as herein pro- 
vided, and until his successor is elected and qualified. 
The office of city auditor of the city of Newton is hereby 
abolished. 

Section 2. This act shall take effect upon its acceptance 
by the board of aldermen of the city. 

Approved February 17, 1913. 

Chap.109 An Act to authorize the city of brockton to com- 
pensate .THE members of ITS CITY COUNCIL. 

Be it enacted, etc., as jolloivs: 

Section 1. The city of Brockton is hereby authorized 
to appropriate annually a sum of money sufficient to pay 
each member of the board of aldermen a salary of three 
hundred dollars, and each member of the common council a 
salary of one hundred dollars. 



Vacancy. 



Office of city 

auditor 

abolished. 

Time of 
taking effect. 



Compensation 
of members 
of city 
council of 
Brockton. 



Acts, 1913. — Chaps. 110, 111. 73 

Section 2. This act shall be submitted to the voters of ^H! *•? be 

» • !• T-» 1 1 1 • submitted 

the city of Brockton at the annual city election in the current ^ voters. 
year, and shall take effect upon its acceptance by a majority 
of the voters voting thereon; otherwise it shall not take 
effect. Approved February 17, 1913. 

An Act relative to the boston insurance company. C/ia». 110 
Be it enacted, etc., as Jolloics: 

Section 1. Section two of chapter one hundred and Jfp'|°J'^^' 
two of the acts of the year eighteen hundred and eighty-six 
which authorizes the Boston Marine Insurance Company, 
a corporation the name of which was changed on the first day 
of April, eighteen hundred and ninety-eight, to the Boston 
Insurance Company, to invest a part of its assets in real 
estate, is hereby repealed. 

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

Approved February 17, 1913. 

An Act to authorize the town of east bridgewater Chav.Wl 
to purchase a part of the property of the bridge- 
waters water company and to supply itself and its 
inhabitants with ^vater. 

Be it enacted, etc., as j allows: 

Section 1 . The town of East Bridgewater by the action The town of 
of its selectmen, ratified by a majority of its voters present wtter^may*^ 
and voting at a town meeting at which the voting list shall with water^etc. 
be used, may for the purpose of supplying water to its in- 
habitants, purchase of the Bridgewaters Water Company, 
the mains, pipes, hydrants, and other corporate property of 
said company, located within the limits of said town of East 
Bridgewater, together with the franchise and charter rights 
and privileges pertaining thereto so far as the same relate 
to that part of the equipment of said company, h'ing within 
the limits of said town; and the said town of East Bridge- 
water may contract with the said Bridgewaters Water Com- 
pany, for a supply of water for the extinguishment of fires 
and for domestic, manufacturing and other purposes, upon 
such terms and conditions as may be agreed upon by said 
town and company; and may 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. 



74 



Acts, 1913. — Chap. 111. 



May erect 
structures, 
lay pipes, etc. 



May take 
lands, etc. 



Description 
of lands, etc. 
taken to be 
recorded. 



Damages. 



Town of East 
Bridgewater, 
Water Loan, 
1913. 



Section 2. Said town for the purpose of receiving, 
holding and distributing the said water, may install service 
pipes, meters and other necessary connections and lay or 
construct, and maintain pipes and such other works and 
structures as may be necessary under or over any lands, water 
courses, railroads, railways, and public or other w^ays, and 
along any way in the town of East Bridgewater, in such 
manner as not unnecessarily to obstruct the same, and for 
the purpose aforesaid the said town may dig up any such 
lands or ways in such manner as to cause the least hindrance 
to public travel; and all things done upon any such way shall 
be subject to the direction of the selectmen of said town. 
The said town may also take, or acquire by lease, purchase or 
otherwise, and may hold, all lands, rights of way and ease- 
ments in the said town necessary for receiving, holding and 
distributing the said w^ater. 

Section 3. Said town shall within ninety days after 
the taking of any such lands, rights of way or easements as 
aforesaid, file and cause to be recorded in the registry of 
deeds for the district in which the same are situated, a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the water commissioners hereinafter pro- 
vided for. 

Section 4. Said to\\ai shall pay all damages to property 
sustained by any person or corporation by the taking of any 
land, right of way or easement, or by any other thing done 
by said town under authority' of this act. Any person or 
corporation sustaining damages as aforesaid, and unable to 
agree with the said town upon the amount thereof, may have 
them assessed in the manner provided by law with respect 
to land taken for the laying out of highways. Any applica- 
tion for the assessment of damages arising under this act shall 
be made within two years after the doing of such damage. 

Section 5. Said town, for the purpose of paying the 
necessary expenses and liabilities inciu'red under the pro- 
visions of this act, may issue from time to time bonds, notes 
or scrip to an amount not exceeding one hundred and five 
thousand dollars. Such bonds, notes or scrip shall bear on 
their face the words, Town of East Bridgewater, Water Loan, 
1913; shall be payable at the expiration of periods not ex- 
ceeding thirty years from the dates of issue; shall bear in- 
terest, payable semi-annually, at a rate not exceeding five 
per cent per annum; and shall be signed by the treasurer of 



Acts, 1913. — Chap. 111. 75 

the town and countersigned by a majority of the selectmen. 
The town may sell such securities ct public or private sale, 
or pledge the same for money borrowed for the piu-poses of 
this act, upon such terms and conditions as it may deem 
proper: provided, that the securities shall not be sold for less Proviso, 
than the par value thereof. 

Section 6. Said town shall at the time of authorizing Payment 
each issue of such bonds, notes or scrip, provide for the pay- 
ment thereof in such annual proportionate payments, be- 
ginning not more than one year after the date of such issue, 
as will extinguish the same within the time prescribed by this 
act; and when a vote to that effect has been passed, a sum 
which with the income derived from the water rates will be 
sufficient to pay the annual expenses of operating its water 
works and the interest as it accrues on the bonds, notes or 
scrip issued as aforesaid by said town, and to make such 
pa^^ments on the principal as may be required under the 
provisions of this act, shall without further vote be assessed 
by the assessors of the town in each year thereafter in the 
same manner in which other taxes are assessed, until the 
debt incurred by said loan is extinguished. 

Section 7. Whoever wilfully or wantonly corrupts, pol- Penalty, etc., 

• "^ * . ^ for pollution, 

lutes or diverts any water taken or heki under this act, etc., of water, 
or injures any structure, work or other property ownied, held 
or used by said town under authority of this act, shall forfeit 
and pay to the town tliree times the amount of damages 
assessed therefor, to be recovered in an action of tort; and 
upon being convicted of any of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hundred 
dollars or by imprisonment in jail for a term not exceeding 
one year. 

Section 8. The town of East Bridgewater at the next Water com- 
annual town meeting in the year nineteen hundred and thir- election, 
teen, or at an}' other meeting duly called for the purpose, may 
elect three persons who shall constitute a board of water 
commissioners of said town, one of whom shall hold office 
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 meeting and until their respective 
successors are chosen and qualified; and at each annual 
election of towa officers thereafter, one such commissioner 
shall be elected by ballot who shall hold office for three years 
and until his successor is elected and qualified. In case of a vacancy, 
vacancy, said town may at any time hold a meeting to elect 



76 



Acts, 1913. — Chap. 112. 



Authority, etc. 



Water rates, 
etc. 



Commissioners 
to make 
report, etc. 



Quorum. 



Repeal. 



Time of 
taking effect. 



a commissioner to hold office for the unexpired term of the 
commissioner retiring. Any vacancy in the board may be 
filled temporarily by a majority vote of the selectmen and 
the person so appointed shall hold office until the town fills 
the vacancy in the manner herein provided for. 

All authority granted to said town by this act or by law, 
not otherwise specifically provided for, shall be vested in 
the said board of water commissioners, who shall however, 
in matters relating to any water works constructed or main- 
tained by the said town, be subject to such instructions, 
rules and regulations as the town may impose by its vote. 
Said board shall fix just and equitable prices for the use of 
water and shall prescribe the time and manner of payment. 
But said rates, and time and manner of payment shall be 
subject to revision and change by the voters of said town 
at any annual town meeting at which an article shall be in 
the warrant for the consideration of said matters. 

The income of the water works shall be used to defray 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. Said board of water commis- 
sioners shall annually and as often as the town may require 
render a report upon the condition of the works under their 
charge and an account of their doings, including an account 
of receipts and expenditures. 

A majority of said commissioners shall constitute a quorum 
for the transaction of business. 

Section 9. All provisions of sections eight, nine, ten, 
eleven, twelve and thirteen of chapter one hundred and 
ninety-two of the acts of the year eighteen hundred and 
eighty-seven which are inconsistent herewith are hereby 
repealed. 

Section 10. This act shall take effect upon its passage, 
but shall become void unless action is taken thereunder by 
the town of East Bridgewater within one year from the 
date of its passage. Approved February 17, 1913. 



Chap. 112 An Act kelative to the placing of pauper children 

IN families. 



R. L. 81, §7, 
etc., amended. 



Be it enacted, etc., as foUoivs: 

Section 1. Section seven of chapter eighty-one of the 
Revised Laws, as amended by section two of chapter three 
hundred and three of the acts of the year nineteen hundred 



Acts, 1913. — Chap 113. 77 

and five, is hereby further amended by striking out the word 
*'fi;ve", in the sixth hne, and inserting in place thereof the 
word : — three, — so as to read as follows : — Section 7. ^j^^idr " 
No such child who can be cared for as provided in section five to be retained 
without inordinate expense shall be retained in an almshouse 
unless he is a state pauper or an idiot, or otherwise so defec- 
tive in body or mind as to make his retention in an alms- 
house desirable, or unless he is under the age of three years 
and his mother is an inmate thereof and is a suitable person 
to aid in taking care of him. 

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

Approved February 17, 1013. 

An Act to protect and perpetuate a certain alewife (Jhav 113 

FISHERY IN THE TOWN OF SANDWICH. 

Be it enacted, etc., as follotcs: 

Section 1. Alexander K. Crocker of Barnstable, his Takins, efc, 
heirs and assigns, shall have for the term of ten years from in Mm RHer 
May ninth, nineteen hundred and fourteen, the exclusive ''®^"'**^® • 
right to take and catch ale wives in the stream known as 
"Mill River", from its sources in the "Shawme Lakes or 
Ponds", so-called, through the marshes in the toAvn of Sand- 
wich to the waters of Cape Cod bay: provided, that the said P"»^'sO' 
Crocker, his heirs and assigns, shall construct and maintain 
a good and sufficient passageway over or aroimd the dam 
or dams which now are or may hereafter be erected upon 
said stream to enable fish to enter the ponds above such dam 
or dams, and shall keep such passageway open and un- 
obstructed from the first day of April to the fourteenth day 
of June, inclusive, of each year. 

Section 2. Said Crocker, and his heirs and assigns, Right granted 
may catch alewives during two thirds of the period specified ^r^ons!" 
in section one, that is to say, upon fifty days out of the 
seventy-five days between the first day of April and the 
fourteenth day of June, inclusive, of each year. 

Section 3. Any person taking alewives in said Mill Penalty. 
river or in the said lakes or ponds without the written consent 
of the said Crocker, or of his heirs and assigns, shall, upon 
the complaint of said Crocker, or of his or any of his heirs 
or assigns, or of any person in his behalf, forfeit not less than 
ten nor more than twenty dollars for each offence. Half of forfeitures" °^ 
every such forfeiture shall be paid to said Crocker or to his 
heirs or assigns. Approved February 17, 1913, 



78 



Acts, 1913. — Chaps. 114, 115. 



R. L. 212, §61, 
amended. 



Chap. 114: An Act relative to vagabonds and persons acting 

SUSPICIOUSLY. 

Be it enacted, etc., as follotvs: 

Section sixty-one of chapter two hundred and twelve of 
the Revised Laws is hereby amended by striking out the 
words "and having no visible or lawful means of support, 
if found prowling", in the second and third lines, and 
inserting in place thereof the words: — if acting in a sus- 
picious manner, — and by inserting after the word "depot", 
in the third line, the words: — or any electric railway sta- 
tion, or place where electric railway cars stop for the purpose 
of allowing passengers to enter or leave the cars, — so as to 
read as follows: — Section 61. A person who is kno\Mi 
to be a pickpocket, thief or burglar, if acting in a suspicious 
manner around any steamboat landing, railroad depot, or 
any electric railway station, or place where electric railway 
cars stop for the purpose of allowing passengers to enter or 
leave the cars, banking institution, broker's office, place of 
public amusement, auction room, store, shop, crowded 
thoroughfare, car or omnibus, or at any public gathering 
or assembly, shall be deemed a vagabond, and shall be 
punished by imprisonment in the house of correction for 
not less than four nor more than twelve months. 

Approved February 17, 1913. 



Certain 
persona to be 
deemed 
vagabonds. 



Punishment. 



Chap. 11^ An Act to authorize the first church of christ, 

SCIENTIST, IN BOSTON, TO TAKE AND HOLD PROPERTY 
under the WILL OF MARY BAKER G. EDDY. 

Be it enacted, etc., as folloivs: 

Section 1. The First Church of Christ, Scientist, in 
Boston, is hereby authorized to take and hold the real and 
personal estate devised and bequeathed to it by the will, 
duly admitted to probate, of its founder, Mary Baker G. 
Eddy, late of Concord, New Hampshire, deceased; to be 
held and administered by its board of directors subject to 
the trusts created by said will. 

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

Approved February 18, 1913, 



The First 
Church of 
Christ, 
Scientist, in 
Boston, may 
take, etc., 
certain real 
and personal 
estate, etc. 



Acts, 1913. — Chaps. IIG, 117. 79 



An Act relative to the punishment of offences under ChQj) i ig 

THE motor vehicle LAW. 

Be it enacted, etc., as follows: 

Section 1. Section eighteen of chapter five hundred and i909, m4 §i8, 
thirty-four of the acts of the year nineteen hundred and 
nine is hereby amended by striking out the words "less than 
ten dollars nor", in the seventh and eighth lines, so as to 
read as follows: — Section 18. Any person convicted of Penalties and 

• 1.. » .. p,i', !• • , punishments. 

a Violation or any provision oi this act, or who is convicted 
of the violation of any rule or regulation of the ]\lassachusetts 
highway commission made under authority of section twenty- 
seven, or who is convicted of a violation of a special speed 
regulation lawfully made under authority of section seventeen, 
may be punished by a fine of not more than twenty-five 
dollars for the first offence and not less than twenty-five 
dollars nor more than fifty dollars for a second oft'ence, and 
not less than fifty dollars nor more than one hundred dol- 
lars for subsequent offences committed during any period of 
twelve months. A complaint against a person for the vio- 
lation of sections eleven, sixteen or seventeen of this act 
may be placed on file at the discretion of the court or trial 
justice if the violation appears to have been unintentional 
or if no person or property could have been endangered 
thereby. Upon a third or subsequent conviction in the 
same calendar year of a violation of section sixteen or of 
section seventeen of this act the commission shall forthwith 
revoke the license of the person so convicted, and no new 
license shall be issued to such person for at least thirty days 
after the date of such conviction, nor thereafter except in 
the discretion of said commission. 

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

Approved February 18, 1913. 

An Act relative to the cemetery department of the fhnjy 117 

CITY OF BOSTON. 

Be it enacted, etc., as foUoics: 

Section 1. The cemetery trustees of the city of Boston Receipts of 
shall pay into the treasury of the city all receipts of the dTeparrment 
cemetery department from all sources other than from de- Boston^'to^bi 
posits for perpetual care. p?'d into the 

* ^ ^ city treasury. 



80 



Acts, 1913. — Chaps. 118, 119. 



Investments. Section 2. The city treasurer shall keep the funds so 
deposited by the cemetery trustees separate from other 
money and accounts of the city, and the city treasurer is 
hereby authorized to invest and re-invest all funds so de- 
posited by the cemetery trustees in proper securities, and 
shall allow such funds and the income thereof to accumulate 
until such time as the income of the fund is sufficient, in the 
opinion of the mayor and of the cemetery trustees, to meet 
the current expenses and expenditures of the cemetery 

Proviso. department: yrovided, however, that at any time the mayor 

may originate an appropriation for the cemetery department 

to be met out of the income of said fund accruing during a 

fiscal year. 

Section 3. This act shall take effect upon its passage. 

Ajyyroved Fcbrvary 18, 1913. 

Chap. lis An Act to authorize the city of lynn to grant a ceme- 
tery LOT TO the relief ASSOCIATION OF THE LYNN FIRE 
DEPARTMENT. 

Be it enacted, etc., as jollows: 

Section 1. The city of Lynn may, if so authorized by 
vote of its municipal council, convey by deed, without 
compensation, to the relief association of the Lynn fire 
department, a lot in Pine Grove cemetery in LjTin, suitable 
for the interment of deceased members of the said association. 

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

Approved February 18, 1913. 

Chap.119 An Act to authorize the town of norwell to refund 

CERTAIN INDEBTEDNESS. 

Be it enacted, etc., as follmvs: 

Section 1. The town of Norwell, for the purpose of 
refunding certain outstanding indebtedness of the town 
amounting to thirty-three hundred dollars and represented 
by notes in favor of the "Otis and Coffin Funds", so-called, 
is hereby authorized to incur indebtedness to that amount 
and to issue therefor four notes, one of nine hundred dollars 
payable within one year from the date of issue thereof, and 
three for eight hundred dollars each, payable respectively 
within two, three and four years from the date of issue of the 
first note, so that the whole indebtedness herein authorized 
will be paid within four years after the date of issue of said 



Convej'ance 
of certain 
cemetery lot 
in the city 
of Lynn, etc. 



The town of 
Norwell may 
issue notes to 
refund certain 
indebtedness. 



Acts, 1913. — Chaps. 120, 121. 81 

first note. The said notes shall bear interest at a rate not 
exceeding four 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 by the assessors in the levy without 
further appropriation therefor by the town. 
Section 2. This act shall take effect upon its passage. 

Approved February 18, 1913. 

An Act relative to bonds of probation officers. Chap. 120 
Be it enacted, etc., as follows: 

Section 1. Probation officers now holding office, and offC^rs'to 
those hereafter appointed, before they enter upon the give bonds, etc. 
performance of their official duties, shall give bond to the 
treasurer of the county, with sufficient sureties to be ap- 
proved by a justice of the superior court who shall also fix 
the amount of the bond, conditioned to account for and pay 
over, as and when required by law, all monej's received by 
them in the exercise of their official duties. A failure so 
to do shall be a breach of the condition of the bond and a 
failure to give the bond shall be sufficient cause for the re- 
moval from office of the officer. 

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

Approved February 18, 1913. 

An Act to require the deposit by probation offi- Chav. 121 
cers of surplus moneys. 

Be it enacted, etc., as folloivs: 

Section 1. Section twenty-two of chapter twenty-one R l. 21, § 22, 
of the Revised Laws, as amended by chapter thirty-six of ®*''*"®° 
the acts of the year nineteen hundred and eleven, is hereby 
further amended by inserting after the word "correction", 
in the fourth line, the words: — probation officers, — so 
as to read as follows: — Section 22. County treasurers, ^"rp'"« moneys 
clerks of the courts, clerks of police, district and municipal posited ia 
courts, justices of courts having no clerk, sheriffs and masters *° ' ^ ' 
of jails and houses of correction, probation officers, registers 
of probate and insolvency and registers of deeds, having 
more money in their hands than is required for immediate 
use, shall deposit it, in their official names, in national banks 
or trust companies in this commonwealth at the best prac- 



82 



Acts, 1913. — Chap. 122. 



ticable rates of interest, which interest shall be paid into 
the county treasury, except in the case of registers of probate 
and insolvency, in which case the interest shall be paid to the 
commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved February 18, 1913. 



Chester Fire 
District 
Water Loan, 
Act of 1913. 



C/iap. 122 An Act to authorize the Chester fire district to in- 
crease ITS WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The Chester Fire District, for the purpose 
of furnishing its inhabitants with an additionaF supply of 
water to be taken from any of the sources granted to said fire 
district by the pro\'isions of chapter one hundred and seventy- 
nine of the acts of the year eighteen hundred and ninety- 
four, may issue from time to time bonds, notes or scrip to an 
amount not exceeding twenty-five thousand dollars. Such 
bonds, notes and scrip shall bear on their face the words, 
Chester Fire District Water Loan, Act of 1913, shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue, shall bear interest, payable semi- 
annually, at a rate not exceeding five per cent per annum, 
and shall be signed by the treasurer of said fire district and 
countersigned by the chairman of the water commissioners. 

Section 2. The fire district may sell such securities at 
public or private sale, at not less than their par value, upon 
such terms and conditions as it may deem proper. The pro- 
ceeds of said bonds, notes or scrip shall be used only for the 
purposes mentioned in this act, but no purchaser of any of 
the notes, bonds or scrip shall be responsible for the appli- 
cation of the proceeds. 

Section 3. The fire district shall, at the time of au- 
thorizing the 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 w^ill extinguish the same within the time prescribed by this 
act. The fire district shall each year assess and collect upon 
the property, real and personal, in said fire district, by taxa- 
tion, a sum which with the income derived from the water 
rates will be sufficient to pay the current annual expenses of 
operating its water works and the interest as it accrues on 
the bonds, notes or scrip issued as aforesaid and to make 



Sale of bonds, 
etc. 



Payment of 
loan. 



Acts, 1913. — Chap. 123. 83 

such payments on the principal as may be required under 
this act. 

Section 4. The clerk of said fire district shall, on or cierk to certify 
before the first day of May of each jear, certify to the su^oted 
assessors of the town of Chester all sums voted to be raised 1°^^^ 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 same manner as 
town taxes are assessed and collected, and shall be paid over 
to the treasurer of said district, who shall hold the same 
subject to the order of the water commissioners. 

Section 5. This act shall take effect upon its passage. 

Approved February IS, 1913. 

An Act relative to the punishment for the reckless Phnj) 103 

DRIVING OF AUTOMOBILES AND MOTOR CYCLES. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-two of chapter five hundred loot*. 534. § 22, 

1 1 • P <•! <•! • amended. 

and thirty-rour 01 the acts or the year nnieteen hundred and 
nine is hereby amended by striking out the words "not 
exceeding six months", in the twelfth line, and inserting in 
place thereof the words: — of not less than two weeks and 
not more than two years, — so as to read as follows: — 
Section 22. Whoever upon any way operates an automobile Penalty for 
or motor cycle recklessly or while under the influence of in- automobile, 
toxicating licjuor, or so that the lives or safety of the public or*'whfie^i*'nde'^' 
might be endangered, or upon a bet, wager or race, or who -nfo^lcatin^ 
operates a motor vehicle for the purpose of making a record liquor, etc. 
and thereby violates any provision of sections sixteen and 
seventeen of this act, or who knowingly goes away Avithout 
stopping and making himself known after causing injury to 
any person or property, or who uses a motor vehicle without 
authority, shall be punished by a fine of not more than two 
hundred dollars or by imprisonment for a term of not less 
than tw^o weeks and not more than two years, or by both 
such fine and imprisonment; and if any person be convicted 
a second time of operating an automobile while under 
the influence of intoxicating liquor, he shall be punished by 
imprisonment for a term of not less than one year and not 
more than two years. A conviction of a violation of this Revocation or 
section shall be reported forthwith by the court or trial li'c^^^Gtc? 
justice to the commission, which shall revoke immediately 



84 Acts, 1913. — Chap. 124. 

the license of the person so convicted. If it appears by the 
records of the commission that the person so convicted is 
the owner of a motor vehicle, or has exclusive control of any 
motor vehicles as a manufacturer or dealer, the commission 
may revoke the certificate of registration of all motor vehicles 
so exclusively owned or controlled. Whenever any person 
so convicted appeals, the commission shall suspend forthwith 
the license of the person so convicted, and shall order the 
license delivered to it, and shall not reissue said license unless 
such person is acquitted in the appellate court, or unless the 
commission in its discretion, after an investigation or upon 
a hearing, decides to reissue it. No new license or certificate 
shall be issued by the commission to any person convicted of 
a violation of this section until after sixty days from the date 
of such final conviction, nor thereafter except in the dis- 
cretion of the commission. 
Section 2. This act shall take effect upon its passage. 

Apj^roved February 19, 1913. 



Chap. 124: An Act relative to the taking of fish in the waters 

OF scituate and marshfield. 

Be it enacted, etc., as follows: 

imendt^d ^ ^' SECTION 1. Scctiou oue of chapter four hundred and 
forty-nine of the acts of the year nineteen hundred and 
twelve is hereby amended by striking out the word "and", 
in the foiu-th line; by striking out the words "southwesterly 
of a line drawn from Little Black Rock to Gull Island", in 
the fourth and fifth lines; by inserting after the word "Scit- 
uate", in the fourth fine, the words: — and Marshfield, — 
by inserting before the word "Diixbury", in the eighth line, 
the words: — Scituate, Marshfield, — and by inserting after 
the word "described ", in the eleventh line, the words : — except 
that no permits shall be granted for the above named pur- 
poses in the waters of Scituate southwesterly of a line drawn 
from Little Black Rock to Gull Island, — so as to read as 

Taking of fish foUows: — Sectioji 1. It shall be unlawful for any person 

m the waters ti i itIi* i ipi 

of certain to display torclics or other light designed or used tor the 

regulated. purposc of taking herring or other fish in any of the waters of 
Cohasset, Scituate and Marshfield, or in the waters of Dux- 
bury and Plymouth harbors westerly of a line drawn from 
Pier Head to Saquish Head, or in the waters of the town 
Proviso. of Kingston: provided, however, that the selectmen of the 



Acts, 1913. — Chaps. 125, 126. 85 

towns of Scituate, Marshfield, Duxbury, Kingston and 
Plymouth may grant permits for the display of torches or 
other light for the purposes aforesaid, within the limits 
of their respective towns as herein described, except that no 
permits shall be granted for the above named purposes in 
the waters of Scituate southwesterly of a line drawn from 
Little Black Rock to Gull Island, with such restrictions as 
in their judgment will prevent the same from constituting 
a nuisance; and they may at any time revoke any such 
permit. 

Section 2. Said chapter four hundred and forty-nine 1912,449, 
is hereby further amended by inserting after section one a hSIning ne^w 
new section to be numbered two, as follows: — Section 2. pgrmHsnot 
Permits granted under the provisions of this act shall be transferable, 
good only for the person to whom the permit is granted. 
Such permits shall not be transferable, and shall not au- 
thorize the taking of fish by any agent or employee of the 
person to whom the permit is granted. 

Approved February 19, 1913. 

An Act making appropriations for the maintenance Chap. 125 
OF the wrentham state school. 

Be it enacted, etc., as folloics: 

Section 1. The sums hereinafter mentioned are appro- Wrentham 
priated, for the maintenance of the Wrentham state school, mtinten^ce. 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

From the receipts of said school now in the treasury of the 
commonwealth, the sum of six hundred thirty-five dollars 
and fifty-seven cents ; and from the treasury of the common- 
wealth, from the ordinary revenue, a sum not exceeding 
ninety-four thousand five hundred ninety-four dollars and 
forty-three cents. 

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

Approved February 19, 1913. 

An Act making an appropriation for the maintenance QJiar) 120 
OF the state industrial school for girls. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding seventy-eight thousand state in- 
five hundred dollars is hereby appropriated, to be paid out forgiris, 
of the treasury of the commonwealth from the ordinary 



maintenance. 



86 Acts, 1913. — Chaps. 127, 128. 

revenue, for the maintenance of the state industrial school 
for girls, for the fiscal year ending on the thirtieth day of 
November, nineteen himdred and thirteen. 
Section 2. This act shall take effect upon its passage. 

Apyroved February 19, 1913. 

Chap. 127 An Act making appropriations for the maintenance 

OF THE WORCESTER STATE HOSPITAL. 

Be it enacted, etc., as folloivs: 

S^hotpitai, Section 1. The sums hereinafter mentioned are appro- 
maiutenance.' priatcd, foF thc maintenance of the Worcester state hospital, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and tliirteen, to wit: — 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of sixty-eight thousand five 
hundred eight dollars and fifty-four cents; and from the 
treasury of the commonwealth from the ordinary revenue, a 
sum not exceeding two hundred sixty-six thousand seven 
hundred forty-one dollars and forty-six cents. 
Section 2. This act shall take effect upon its passage. 

Approved February 19, 1913. 

Chap. 12S An Act to authorize the town of sharon to increase 

AND extend its WATER SUPPLY. 

Be it enacted, etc., as follows: 

water supp y, ^^^ authority granted by chapter one hundred and seventy- 
seven of the acts of the year eighteen hundred and eighty- 
three and by chapter two hundred and forty-one of the acts 
of the year eighteen hundred and ninety-four and other 
acts amendatory thereof, take or acquire by purchase or 
otherwise, and hold the waters of any underground sources 
of supply, by means of driven wells or other works, within 
the limits of the town of Sharon, and the water rights con- 
nected with such underground water sources, and may con- 
vey said waters by means of aqueducts, conduits, pipes or 
other works to any part of the said town; and may also take 
or acquire by purchase or otherwise, and hold all lands, 
buildings, rights of way and easements necessary for collect- 
ing, holding, purifying and preserving the purity of the water 
so acquired, and for conveying the same to any part of the 



The town of SECTION 1. The tOWU of SharOU, for the purpose of ex- 

increase its tending and increasing its water supply may, in addition to 



Acts, 1913. — Chap. 129. 87 

said town. But no source of water supply and no lands 
necessary for preserving the purity of the water shall be taken 
or used without first obtaining the advice and approval of 
the state board of health, and the location of all wells, reser- 
voirs or other works to be used as sources of water supply 
under this act shall be subject to the approval of the said 
board of health. 
Section 2. The said town may construct on the lands May erect 

11,1 • • ^ ii • J 1 structures, 

acqiured under the provisions oi this act proper dams, lay pipes, etc. 
reservoirs, stand pipes, tanks, buildings, pumping plants, 
fixtures and other structures, and may make excavations, 
sink, drive and construct wells, procure and operate ma- 
chinery, and provide such other means and appliances and 
do such other things as may be necessary or desirable for 
carrjang out the provisions of this act, including the estab- 
lishment and maintenance of purification works or sys- 
tems in said land; and for the aforesaid purposes may con- 
struct, lay and maintain aqueducts, conduits, pipes, pipe 
lines and other works under and over any land, water courses, 
railroads, street or electric railways in said town, and along 
and under private ways in the town, in such manner as 
not unnecessarily to obstruct the same. 

Section 3. The said to\Mi shall pay all damages to Damages. 
property sustained by any person or corporation by the 
taking of any water, water sources, rights or easements, or 
by any other act done under authority hereof. The damages 
shall be determined in the manner provided by section four 
of chapter one hundred and seventy-seven of the acts of the 
year eighteen hundred and eighty-three. 

Section 4. This act shall take effect upon its passage. 

Approved February 19, 1913. 

An Act relative to membership on the board of nj^n^ lOQ 

TRUSTEES OF THE ROXBURY LATIN SCHOOL. ^' 

Be it enacted, etc., as folloivs: 

Section 1. Chapter thirty-four of the acts of the year 1788,34, §2, 
seventeen hundred and eighty-eight, as amended by chapter ®*''" ^'"^'^'^®^- 
one hundred and tliirteen of the acts of the year nineteen 
hundred and six, is hereby further amended by striking out 
section two of said chapter one hundred and thirteen, and 
inserting in place thereof the following : — Section 2. Said Trustees to be 
thirteen trustees shall be of three classes, denominated trus- 



88 



Acts, 1913. — Chap. 129 



Trustees, 
ex officiia. 



Trustees for 
life. 



Vacancy. 



Trustees for 
five years. 



Certain trustees 
to hold office 
until, etc. 



Terms of 
certain trustees, 
etc. 



Filling of 
vacancy. 



tees ex ofRcIis, trustees for life, and trustees for five years, 
respectively. 

(1) The trustees ex officiis shall be the minister and two 
oldest deacons in length of service of the First Religious 
Society in Roxbury, incorporated under chapter one hundred 
and thirty-three of the acts of the year eighteen hundred 
and twenty-four, approved February twenty-sixth, eighteen 
hundred and twenty-five. 

(2) The trustees for life shall be the five trustees w^ho were 
members of said corporation on the first day of January, 
nineteen hundred and thirteen, by election prior to the 
twenty-sixth day of February, nineteen hundred and six, 
and their successors in office. 

Each of said trustees for life shall hold office until he dies, 
resigns or is declared by vote of the majority of the other 
members of said corporation to be, in their judgment, ren- 
dered by age, infirmity or otherwise incapable of discharging 
the duties of his office. 

Any vacancy in the class of trustees for life shall be filled 
by a majority vote of the remaining trustees of all classes. 

(3) The trustees for five years shall be the five trustees 
who were members of said corporation on the first day of 
January, nineteen hundred and thirteen, by election sub- 
sequent to the twenty-sixth day of February, nineteen hun- 
dred and six, and their successors in office. 

Said trustees for five years holding office on the first day 
of January, nineteen hundred and thirteen, shall continue 
in office until the thirtieth day of June next following the 
dates fixed at the time of their election for the expiration of 
the terms for which they were severally elected. 

Before the expiration of the term of any trustee for five 
years, the trustees of all classes shall elect his successor, as 
hereinafter provided, who shall hold office for the term of five 
years from such expiration, except that the trustee to be 
elected in the year nineteen hundred and seventeen shall be 
elected for three years and the trustees to be elected in the 
year nineteen hundred and eighteen shall be elected one for 
three years and one for four years, from the thirtieth day of 
June in the said years nineteen hundred and seventeen and 
nineteen hundred and eighteen. 

If any trustee for five years before the expiration of the 
term for which he was elected dies, resigns or is declared by 
vote of a majority of the other members of said corporation 



Acts, 1913. — Chap. 129. 89 

to be, in their judgment, rendered by age, infirmity or other- 
wise incapable of discharging the duties of his office, the 
trustees of all classes shall elect his successor, as hereinafter 
provided, who shall hold office for the unexpired term of his 
predecessor in office. 

Notice of any vacancy in the class of trustees for five Notice of 
years through other cause than expiration of the term for ^**'*'"'*'- 
which any such trustee was elected, shall be given forthwith 
in writing by the secretary of said corporation to at least two 
of the members of the nominating committee, hereinafter 
provided for. 

(4) The trustees for five years shall be elected in the Election, 
following manner: — 

(a) A meeting of the alumni, who for the pm-pose of this 
act shall be taken to include every one who was for at least 
two years a member of a class which has been graduated 
from said school at least five years, shall be held in the 
building occupied by said school on such day not later than 
thirty days from the time when this act takes effect, as may 
be determined by the members of said corporation, and 
thereafter in each year on the day when diplomas are awarded 
to the graduating class, known as graduation day. 

Notice of every such meeting shall be given by the secretary Notice of 
of said corporation by mail to all of the alumni whose ad- ™®®*"'s- 
dresses are known to him. 

At every such meeting a chairman and secretary shall be officers to be 
chosen from the alumni present, and the secretary shall keep, *'^°*''' ®'*'- 
attest and transmit a record of the proceedings of every such 
meeting to the secretary of the corporation, who shall enter 
the same upon the records of the corporation. 

(b) The alumni present at such meeting shall choose Nominating 
for the whole number of alumni a nominating committee '"^™'"'**^- 
of seven members, who shall have power to fill its vacancies 

and shall hold office for one year, beginning with the first 
day of July next following its election, except that the 
nominating committee chosen at the first meeting, herein- 
before provided for, shall hold office. from the time of its 
election until the first day of July, nineteen hundred and 
thirteen. 

(c) Every such nominating committee shall nominate at Nominations. 
least three times as many alumni as there are vacancies to 

be filled in the class of trustees for five years during the 
term of office of the nominating committee, and shall trans- 



90 



Acts, 1913. — Chap. 130. 



Vacancies. 



Time of 
taking effect. 



Copy of vote 
to be recorded, 
etc. 



mit such nominations to the secretary of said corporation 
not later than thirty nor more than sixty days before the 
occurrence of a vacancy by reason of the expiration of 
the term for which such trustee was elected, and forthwith 
upon the receipt of the notice from the secretary of the cor- 
poration, hereinbefore provided for, in case of a vacancy 
occurring through other cause. 

(d) All vacancies in the class of trustees for five years shall 
be filled by a majority vote of the trustees of all classes from 
such nominations from the nominating committee, but if 
any such nominating committee shall fail to make and 
transmit nominations, as hereinbefore provided, the trustees 
for five years holding office at the time shall themselves make 
nominations which shall be voted upon by the trustees of 
all classes as if made by such nominating committee. 

Section 2. This act shall take effect when accepted 
by a majority of the trustees in office, on behalf of said cor- 
poration, at a meeting held within thirty days after its 
passage. The secretary of said corporation shall forthwith 
upon such acceptance record in the registry of deeds for the 
county of Suffolk a copy of the vote of acceptance, with a 
certificate of its adoption by the trustees, as herein provided, 
and the date of its adoption verified by him. 

Approved February 19, 1913. 



Chap. 130 An Act relative to the jurisdiction of the probate 

COURT. 

Be it enacted, etc., as follows: 

Any person claiming a right to money deposited with the 
treasurer and receiver general under the provisions of sections 
fifty-five and fifty-six of chapter five hundred and ninety of 
the acts of the year nineteen hundred and eight, by a decree 
of the probate court, may establish his right by proper 
petition to the probate court in which the decree was en- 
tered. So much of section fifty-seven of said chapter five 
hundred and ninety, as amended by chapter seventy of the 
acts of the year nineteen hundred and twelve, as provides 
that petitions in such cases shall be made to the superior 
court is hereby repealed. Approved February 19, 1913. 



Claimants of 
unclaimed 
deposits to 
petition to 
probate court. 



Repeal. 



Acts, 1913. — Chaps. 131, 132. 91 

An Act to authorize thS city of fall river to incur QJidr^ \^\ 

INDEBTEDNESS FOR THE PURPOSE OF SEWER CONSTRUCTION. 

Be it enacted, etc., as foUoivs: 

Section 1. The city of Fall River, for the purpose of Fauiilvef 
sewer construction in that citv, mav incur indebtedness pay incur 

.,.,._,,, ' "^ indebtedness 

beyond the hmit nxed by law, to an amount not exceednig for sewer 
two 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 and one half per cent 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 api)licable, 
apply to the indebtedness hereby authorized and to the 
securities issued therefor. 

Section 2. The city council of said city shall, at the Payment of 
time of authorizing said loan, provide for the payment 
thereof in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act; 
and thereafter, without further action of the city council, 
the amount required for such payments, and for the interest 
payable each year, shall annually be assessed by the assessors 
of the city, in the same manner in which other taxes are 
assessed, until the debt incurred by the said loan is ex- 
tinguished. 

Section 3. This act shall take effect upon its passage. 

/Ipproved February 19, 1913. 

An Act to provide for the printing and distribution Chav 132 
OF the annual report of the directors of the port 

OF BOSTON. 

Be it enacted, etc., as follotvs: 

Section 1 . Section seven of chapter nine of the Revised R- l- 9. § 7, 
Laws is hereby amended by inserting after the one hundred ' 
and nineteenth line thereof the words: — Of the directors of ?^''"'"'*^°r ? ^ 
the port of Boston, three thousand copies, of which two Boston, 
thousand copies shall be for the use of the directors. 

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

Approved February 19, 1913. 



92 



Acts, 1913. — Chap. 133. 



The Town of 
West Bridge- 
water Water 
Loan, Act of 
1913. 



Chap. ISS An Act to authorize the to^n of west bridgewater 

TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of West Bridgewater, for the 
purposes authorized by chapter one hundred and thirty- 
eight of the acts of the year nineteen hundred and ten, and 
for paying the necessary expenses and habihties incurred 
under the provisions of this act, may issue from time to 
time bonds or notes to an amount not exceeding twenty- 
five thousand dollars in addition to amounts heretofore 
authorized by law to be issued by said town for water supply 
purposes. Bonds or notes issued under authority of this 
act shall bear on their face the words. The Town of West 
Bridgewater Water Loan, Act of 1913; shall be payable by 
such annual payments, beginning not more than one year 
after the date thereof, as will extinguish the loan within 
thirty years from the date thereof; but the amount of such 
annual payment of any loan in any year shall not be less 
than the amount of the principal of said loan payable in any 
subsequent year. Each authorized issue of bonds or notes 
shall constitute a separate loan. Said bonds or notes shall 
bear interest at a rate not exceeding four and one half per 
cent per annum, payable semi-annually; shall be signed by 
the treasurer of the town and countersigned by the water 
commissioners. The town may sell such bonds or notes 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. Said town shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section one of 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 ex- 
pense of operating its water works and the interest as it 
accrues on the bonds or notes 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 an- 
nually thereafter, in the same manner in which other taxes 
are assessed, until the debt incurred by said loan or loans is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved February 20, 1913. 



Payment of 
loan. 



Acts, 1913. — Chaps. 134, 135. 93 



An Act to repeal an act relative to the taking of Chap. 134: 

FISH IN THE WATERS OF TISBURY AND ELSEWHERE. 

Be it enacted, etc., as foUotvs: 

Chapter eighty-four of the acts of the year eighteen isso, 84, 
hundred and thirty, which regulates the taking of fish in '^p®^*^ ■ 
the waters of the town of Tisbury and in Holmes Hole har- 
bor is hereby repealed. Approved February 20, 1913. 



An Act to authorize the town of dedham to take the nh„jy 135 

OLD POWDER HOUSE LOT, SO-CALLED, AND THE ADJACENT 
LAND, FOR A PUBLIC PARK. 

Be it enacted, etc., as follows: 
Section 1. The town of Dedham is hereby authorized The town of 

I I 'J* 1 • 1 • 1 (» • Dedham may 

to accjuire by purchase, giit, devise, or by right or eminent acquire certain 
domain, the Old Powder House lot, so-called, in the said a'i^ubk^ 
town, with the structures thereon, and such adjoining land ^^^ '^^' 
as the town, by its board of park commissioners, shall con- 
sider desirable or necessary. The town shall maintain the 
said land as a public park, and may raise by taxation and 
appropriate such amounts of money as maybe necessary 
for the above purpose, and may receive gifts or bequests 
of money or other property therefor. 

Section 2. The Dedham Historical Society is hereby conveyance 
authorized to convey to the town of Dedham all its right, °^ ^^'"^' ^'''' 
title and interest in and to the said Powder House lot and 
the structures thereon. 

Section 3. The provisions of sections two to thirteen, Certain 
inclusive, of chapter twenty-eight of the Revised Laws and faw'to'appiy. 
acts in amendment thereof and in addition thereto, except 
in so far as they may be inconsistent herewith, shall apply 
to the land and structures acquired under the provisions 
of this act. 

Section 4. No land or interest in land shall be taken Land not to 

1 i", 1 'ILj.! * 1 ibe taken, etc., 

and no expenditure made, or indebtedness incurred, under until sufficient 

the provisions of this act until an amount sufficient therefor ri'made,'''e*tc." 

shall have been given or bequeathed to the town for the 

above purpose, or until such amount, or such part thereof 

as may be necessary, over and above the amount of any gifts 

or bequests, has been appropriated by a two thirds vote 

of the voters of the town present and voting at an annual 



94 



Acts, 1913. — Chaps. 136, 137. 



town meeting or at a special town meeting duly called for the 
purpose. 
Section 5. This act shall take effect upon its passage. 

Approved February 20, 1913. 



The city of 
Boston may 
pay an 
annuity to 
Jeremiah J. 
Lehan. 



Chajy.V^^ An Act to authorize the payment of a pension by the 

CITY OF BOSTON TO THE WIDOW OF JEREMIAH J. LEHAN. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Boston, with 
the approval of the mayor, is hereby authorized to pay for 
a period not exceeding ten years from the date of the accept- 
ance of this act as hereinafter provided, to Lucy A. Lehan, 
widow of Jeremiah J. Lehan, a police officer of the city of 
Boston who died during the fifteenth year of his service, 
on the night of the tenth day of December, nineteen hundred 
and four, while in the discharge of his duty as such police 
officer, an annuity of three hundred dollars for the support 
of herself and three minor children so long as she remains 
unmarried, or thereafter for the benefit of all or any one of 
her tliree minor children so long as any one of them remains 
under the age of sixteen years. 

Section 2. This act shall take eifect upon its acceptance 
by the mayor and city council of the city of Boston. 

Approved February 24, 1913. 



Time of taking 
effect. 



Chap. 137 An Act to authorize the city of boston to pay a sum 

OF MONEY to PATRICK E. KEARNS. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized 
to pay a sum of money not exceeding five hundred dollars 
to Patrick E. Kearns of Boston on account of the death of 
his minor son, Herbert Kearns, on the third day of July 
in the year nineteen hundred and eleven, his death having 
been caused by the defective and unsafe condition of the 
outlet of a sewer maintained by the city near Dorchester 
bay. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Boston, with the approval 
of the mayor. Approved February 24, 1913. 



The city of 
Boston may 
pay a sum of 
money to 
Patrick E. 
Kearns. 



Time of 
taking effect. 



Acts, 1913. — Chaps. 138, 139. 95 



An Act relative to the construction and maintenance (jfidj) i^g 

OF A SYSTEM OF SEWERAGE IN THE TOWN OF CONCORD. 

Be it enacted, etc., as folloivs: 

Section eight of chapter one hundred and fifty-one of amended ^ ^' 
the acts of the year eighteen hundred and ninety-five is 
hereby amended by striking out the word "the", in the 
fifth fine, and inserting in place thereof the word : — a, — 
and by inserting after the word "to", in the sixth fine, the 
words: — or in, — and by striking out the word "the", 
in the seventh fine, and inserting in place thereof the word : — 
a, — so as to read as follows: — Section S. The commis- sewers, etc., of 

p • 1 11 X xl i! xl- 1x1 Massachusetts 

sioners or prisons shall, at the expense or the commonwealth, reformatory to 
connect the sewers and sewerage system of the Massachusetts wlth'm'Sn**'^ 
reformatory and other property of the commonwealth in the ^®^'®''' ®*'''- 
said town of Concord with a main sewer of said town, when- 
ever such main sewer shall be laid by the tovm. to or in 
Concord Junction and connected with a system of sewage 
disposal established by the town, paying for such privilege 
such part of the cost of construction of said system and such 
part or percentage of the annual expense of maintaining 
and operating the same as may be agreed upon between the 
said town and said commonwealth through its board of 
prison commissioners; and in case said town and com- 
missioners shall be unable to agree then such compensations 
to be so paid shall be determined by three commissioners to 
be appointed by the supreme judicial court, upon application 
of either said town or said board of prison commissioners 
and notice to the other of said parties, whose award when 
accepted by said court shall be final and binding upon said 
town and commonwealth. Approved February 24, 1913. 

An Act making an appropriation for the maintenance Chav.^^^ 
OF the state farm. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding three hundred and mail^ten™ce. 
forty-eight thousand dollars is hereby appropriated, to be 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the state farm, 
during the fiscal year ending on the thirtieth day of No- 
vember, nineteen hundred and thirteen. 

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

Approved February 24, 1913. 



96 Acts, 1913. — Chaps. 140, 141, 142. 



Chap. 140 An Act making an appropriation for the maintenance 

OF THE LYMAN SCHOOL FOR BOYS. 

Be it enacted, etc., as follows: 

fo/blysT^°^^ Section 1. A sum not exceeding one hundred and 
maintenance, fourteen tliousaud 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 tliirtieth day of November, 
nineteen hundred and thirteen. 
Section 2. This act shall take effect upon its passage. 

Approved February 21^., 1913. 

Chap. 14:1 An Act making appropriations for the maintenance 

OF the TAUNTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

hosp'itei! ^**** Section 1. The sums hereinafter mentioned are appro- 
priated, for the maintenance of the Taunton state hospital, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit: — 

From the receipts of said hospital now in the treasury 
of the commonwealth, the sum of thirty-nine thousand 
three hundred twenty-two dollars and ninety-one cents; 
and from the treasury of the commonwealth from the ordi- 
nary revenue, a sum not exceeding two hundred thirty-two 
thousand nine hundred seventy-seven dollars and nine cents. 

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

Approved February 24, 1913. 



maintenance. 



Chap. 142 An Act making appropriations for the maintenance 
OF the westborough state hospital. 

Be it enacted, etc., as follows: 

^ate^h^^tai, Section 1. The sums hereinafter mentioned are appro- 
maintenance. priatcd, for the maintenance of the Westborough state 
hospital, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit: — 

From the receipts of said hospital now in the treasury of 
the commonwealth, eighty-two thousand seven hundred 
seventy-four dollars and nineteen cents; and from the 
treasury of the commonwealth from the ordinary revenue. 



Acts, 1913. — Chap. 143. 97 

a sum not exceeding two hundred thirty-nine thousand five 
hundred seventy-five dollars and eightj^-one cents. 
Section 2. This act shall take effect upon its passage. 

Approved February 24, 1913. 

An Act making appropriations for the salaries and njidj) J43 

EXPENSES OF THE BOARD OF EDUCATION, AND FOR SUN- 
DRY 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 education!^ 
from the ordinary revenue, for the salaries and expenses of 
the board of education, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and thirteen, 
to wit : — 

For the salaries of the commissioner, deputy commis- Salaries, etc. 
sioners, assistants, agents, and for clerical and messenger 
services of said board, a sum not exceeding forty-eight 
thousand three hundred dollars. 

For travelling expenses of commissioner, deputies, agents Travelling 
and assistants, a sum not exceeding five thousand dollars. *"^p®'^^'- 

For rent of offices for the use of the board, a sum not Rent of 
exceeding thirty-eight hundred and eighty-nine dollars. 

For incidental expenses of the board, travelling and other incidental 

j>.i 1 ,1 i> IP Ij.* expenses, etc. 

necessary expenses 01 the members thereof, and tor obtain- 
ing information regarding educational methods in other • 
states, a sum not exceeding six thousand dollars. 

For printing and binding the annual report, a sum not ex- Annual report, 
ceeding five thousand dollars. 

For aid to pupils in state normal schools, a sum not ex- Aid to pupils 
ceeding four thousand dollars, payable in semi-annual in- schools?^ 
stalments, to be expended under the direction of the board. 

For expenses of teachers' institutes, a sum not exceeding Teachers' 

. 1 1 1 1 11 institutes. 

two hundred dollars. 

For the Massachusetts Teachers' Association, the sum of Tg^f^^j^g"!^"^ 
three hundred dollars, subject to the approval of the board. Association. 

For the expenses of county teachers' associations, a sum County _ 
not exceeding seven hundred dollars. alsocilTions. 

To enable small towns to provide themselves with school Schooj super- 

.... intendents, 

supermtendents, a sum not exceeding eighty-six thousand smaii towns. 
two hundred dollars. 

For the education of deaf pupils of the commonwealth fetf^'^u^i'is*'^ 
in the schools designated by law, for the present year and 



98 



Acts, 1913. — Chap. 143. 



School 
registers, etc. 

Perkins 

Institution and 
Massachusetts 
School for the 
Blind. 



Tuition, etc., 
of certain 
children. 



Instruction 
of adult blind. 



Rules for test- 
ing sight, etc. 



for previous years, a sum not exceeding one hundred and 
twelve thousand dollars. 

For school registers and other school blanks for cities and 
towns, a sum not exceeding two thousand dollars. 

For the Perkins Institution and Massachusetts School 
for the Blind, as provided by chapter nineteen of the resolves 
of the year eighteen hundred and sixty-nine, the sum of 
thirty thousand dollars. 

For the payment of tuition of children in high schools 
outside of the town in which they live, as provided by section 
three of chapter forty-two of the Revised Laws, as amended 
by chapter four hiuidred and thirty-three of the acts of the 
year nineteen hundred and tw^o, for the present year and 
for previous years, a sum not exceeding seventy-nine thou- 
sand dollars. There may also be paid from this amount 
such sums as may be necessary for the transportation to 
and from school of children living upon islands within the 
commonwealth not provided v/ith schools. 

To provide for the instructif)n of the adult blind at their 
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 sight and hearing of pupils, a sum not exceeding eight 
hundred dollars. 



Normal school, 
Bridgewater. 

Fitchburg. 

Framingham. 

Hyannis. 

Lowell. 

North Adams. 

Salem. 

Westfield. 

Worcester. 



FOR SUPPORT OF STATE NORMAL SCHOOLS. 

Bridgewater, a sum not exceeding sixty-nine thousand 
nine hundred and seventy-six dollars. 

Fitchburg, a sum not exceeding fifty-two thousand one 
hundred and fifty-three dollars. 

Framingham, a sum not exceeding fifty-six thousand six 
hundred and twenty-one dollars. 

Hyannis, a sum not exceeding twenty-seven thousand and 
twenty-five dollars. 

Lowell, a sum not exceeding thirty-five thousand and 
seven dollars. 

North Adams, a sum not exceeding forty-three thousand 
six hundred and ninety-eight dollars. 

Salem, a sum not exceeding fifty-one thousand five hundred 
and ninety-two dollars. 

Westfield, a sum not exceeding forty thousand two hun- 
dred and sixty-four dollars. 

Worcester, a sum not exceeding forty thousand eight 
hundred and eighteen dollars. 



Acts, 1913. — Chaps. 144, 145, 146. 99 

Normal art school, a sum not exceeding forty-six thou- Normal art 
sand six hundred and sixty-four dollars. ^ '^ ' 

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

Approved February 2^, 1913. 

An Act making appropriations for the maintenance (jhn^ 144 

OF THE WORCESTER STATE ASYLUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Worcester state 
priated, for the maintenance of the Worcester state asylum, mainteAance. 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

From the receipts of said asylum now in the treasury of 
the commonwealth, the sum of ninety-one hundred forty- 
four dollars and eighty-eight cents; and from the treasury 
of the commonwealth from the ordinary revenue, a sum not 
exceeding two hundred eighty-one thousand seven hundred 
fifty-five dollars and twelve cents. 

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

Approved February 24, 1913. 

An Act making an appropriation to cover subsidies (jhdj) 145 
TO cities and towns for establishing and maintain- 
ing tuberculosis hospitals. 

Be it enacted, etc., as folloics: 

Section 1. A sum not exceeding sixty-four thousand Subsidies to 

IP • cities and 

nnie hundred twenty-two dollars and fourteen cents is hereby ^°'^'^,\''. 
appropriated, to be paid out of the treasury of the common- etc., tuber-' 
wealth from the ordinary revenue, to certain cities and hospitals, 
towns for amounts to which they are entitled for subsidies 
for establishing and maintaining tuberculosis hospitals 
during the period ending November thirtieth, nineteen 
hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved February 24, 1913. 

An Act making an appropriation for the maintenance Chnj) \aq 

OF THE STATE INFIRMARY. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding four hundred forty- state 
four thousand two hundred dollars is hereby appropriated, mSenance. 



100 



Acts, 1913. — Chap. 147. 



to be paid out of the treasury of the commonwealth from 
the ordinary revenue, for the maintenance of the state in- 
firmary, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen. 

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

Approved February 2Jf, 1913. 



1910, 557, re- 
pealed. 



1897, 283, § 16, 
amended. 



Mayor may 
suspend cer- 
tain officers. 



Chap. 147 An Act relative to the removal of executive officers 

BY THE MAYOR AND ALDERMEN OF THE CITY OF NEWTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and fifty-seven of the 
acts of the year nineteen hundred and ten is hereby repealed 
and chapter two hundred and eighty-three of the acts of the 
year eighteen hundred and ninety-seven is hereby amended 
by striking out section sixteen and inserting in place thereof 
the following: — Section 16. The mayor may, in writing, 
suspend any executive officer or any work, and he shall at 
once report his action and his reasons therefor to the board 
of aldermen. Unless a regular meeting of the board is to 
be held within fourteen days thereafter, the mayor shall 
forthwith call a special meeting of the board for the purpose 
of acting on such suspension. Work suspended by the 
mayor may be carried on at his discretion until action is taken 
by the board. If the board shall, within fifteen days after 
receiving a report of the suspension of any work, vote that 
the mayor's action be not sustained, the work shall be 
prosecuted forthwith. If the board shall, within fifteen days 
after receiving a report of the suspension of any executive 
officer, vote that the mayor's action be not sustained, such 
officer shall at once be reinstated; otherwise such suspension 
shall be a removal. 

Section 2. This act shall be submitted to the voters 
of the city of Newton at the next state election, and if it is 
accepted by a majority of the voters voting thereon it shall 
take effect on the first day of January in the year nineteen 
hundred and fourteen. The act shall be submitted in the 
form of the following question to be printed on the official 
ballot: "Shall chapter of the acts of the 

year nineteen hundred and thirteen, relative to the removal 
of executive officers by the mayor and aldermen of the city 
of Newton, be accepted by the city? " 

Approved February 21^, 1913. 



Act to be 
submitted to 
voters, etc. 



Acts, 1913. — Chaps. 148, 149, 150. 101 



An Act relative to the rate of interest on damages (jjidj) ^43 

FOR THE TAKING OF, AND INJURY TO, REAL ESTATE UNDER 
AUTHORITY OF LAW BY THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1, In a suit to determine damages for the Rate of interest 
taking of, or injury to, real estate taken or injured after the for takinrof 
passage of this act by the city of Boston under authority of u^dfy o^f*^^ 
any law or statute, the damages shall bear interest at the ^gtabii'shed 
rate of four per cent per annum from the date when damages 
are to be assessed under the law or statute by virtue of which 
the city of Boston took or injured the real estate. 

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

Ayyroved February 24, 1913. 

An Act to authorize the cities of malden and medford (jJiQ^y 149 
TO make certain contracts relative to sewage dis- 

POSAL. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden and the city of Med- Matdenand^ 
ford are hereby authorized and empowered to enter into Medford may 

, , ' , - ' , , make contracts 

contracts with each other, upon such terms as may be for disposal of 
mutually agreed upon, for the disposal of the sewage of ^'^^^^' 
the respective cities. 

Section 2. Any estate in either of said cities which ^t^^^of''*''' 
receives benefit by reason of sewer facilities furnished by assessments, 
virtue of a contract or contracts made under authority 
of this act shall be subject to assessment therefor, such 
assessment to be levied and collected by the city in which 
the estate is situated, in the manner and to the extent 
now provided by law for the levy and collection of sewer 
assessments in that city. 

Section 3. This act shall take effect upon its passage. 

Approved February 24, 1913. 

An Act making appropriations for the maintenance Chav.X^Q 
OF the boston state hospital. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Bost9n state 
priated, for the maintenance of the Boston state hospital, maintenance, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 



maintenance. 



102 Acts, 1913. — Chaps. 151, 152. 

From the receipts of said hospital now in the treasury of 
the commonwealth, the sum of twenty-nine thousand two 
hundred ninety-nine dollars and sixty-eight cents; and from 
the treasury of the commonwealth from the ordinary revenue, 
a sum not exceeding three hundred seventy-five thousand 
two hundred dollars and thirty-two cents. 

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

Approved February 24, 1913. 

Chap. 151 An Act making an appropriation for the maintenance 

OF the penikese hospital. 

Be it enacted, etc., as follows: 

hMpital! Section 1, A sum not exceeding twenty-one thousand 

dollars is hereby appropriated, to be paid out of the treasury 
of the commonwealth from the ordinary revenue, for the 
maintenance of the Penikese hospital, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and thirteen. 

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

Approved February 24, 1913. 

Chap. 152 An Act making appropriations for salaries and 

expenses in the state library. 

Be it enacted, etc., as folloivs: 

tionl^atlte, Section 1. Tlic sums hereinafter mentioned are appro- 

library. priatcd, 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, nineteen 

hundred and thirteen, to wit: — 
ilbranan. For the sakry of the librarian, four thousand dollars. 

Books, etc. Pqp books, binding, cataloguing and indexing, a sum not 

exceeding ten thousand dollars. 
?}^!}^^l of. For clerical services, for the accommodation of visitors 

BCr Vices, ULCt 

and for any other service required for the care, maintenance 
and working of the library, a sum not exceeding eleven 
thousand and ten dollars, 
expilf^sfetc. 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 February 24, 1913. 



Acts, 1913. — Chaps. 153, 154. 103 



An Act making appropriations for the salaries and Chap. 153 

EXPENSES OF THE INDUSTRIAL ACCIDENT BOARD. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth in°crustriai 
from the ordinary revenue, for the salaries and expenses of board.''' 
the industrial accident board, for the fiscal year ending on 
the thirtieth day of November, nineteen hundred and 
thirteen, to wit: — 

For the salaries of the members of the board, a sum not ^^j^^^l^^^ 
exceeding twenty-three thousand dollars. 

For the salary of the secretary, a sum not exceeding three Secretary. 
thousand dollars. , 

For clerical services, travelling and other necessary ex- Expenses, 
penses of the board, a sum not exceeding forty thousand 
dollars. 

For rent of office, a sum not exceeding thirty-three hundred ^^°'^ °^ °^"'^- 
and fifty dollars. 

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

Approved February 21^, 1913. 



An Act to authorize the city of quincy to sell water Chav. 154: 

FOR mechanical OR MANUFACTURING USES ON CERTAIN 
TERMS. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy shall not be required to The city of 
.y, and is hereby exempted from paying, to the treasurer exempted 
of the commonwealth any money toward the interest, sink- for'witerTold 

for certain 
purposes. 



pay, and is hereby exempted from paying, to the treasurer exempted 
of the commonwealth any money toward the interest, sink- 
ing fund requirements, and expenses of maintenance and f°'' ''•""t^'^ 
operation of the metropolitan water system, or on any 
account whatsoever, for any water from its reservoir in the 
town of Braintree that it may sell or distribute in any year, 
exclusively for mechanical or manufacturing uses and pur- 
poses, and the water so sold shall not be considered by the 
metropolitan water and sewerage board in determining the 
amount of water consumed by said city during said year, 
which said board is required to certify to the treasurer of the 
commonwealth under the provisions of chapter four hun- 
dred and eighty-eight of the acts of the year eighteen hundred 
and ninety-five, as amended by chapter four hundred and 



104 



Acts, 1913. — Chap. 155. 



Proviao. 



Contracts for 
sale of water. 



Not to affect 
certain rights. 



fifty-seven of the acts of the year nineteen hundred and 
six, or by any other acts in amendment thereof or in addition 
thereto; and the city of Quincy is hereby exempted from 
any provision of any of said acts which may now authorize 
the treasurer of the commonwealth to assess it on account 
of water from its own supply which it may so sell or dis- 
tribute: provided, however, that the metropolitan water and 
sewerage board certifies to the treasurer and receiver general 
of the commonwealth that the water sold and distributed 
under this act has been used for mechanical or manufacturing 
purposes only. 

Section 2. Any contract which the said city may make 
with a consumer for the sale of said water for mechanical or 
manufacturing uses or purposes shall contain a provision 
that whenever the public authority having control of the 
water of said reservoir determines that there is occasion to 
use said water for public purposes, said authority may ter- 
minate such contract on giving to the consumer reasonable 
notice of its intention so to do. Whenever such a contract 
is so terminated, the consumer shall not be entitled to any 
compensation by way of damage or otherwise by reason 
thereof. Such a contract may be entered into in behalf of 
the city by the mayor and the commissioner of public works, 
and may be for a year or for a greater or less period of time, 
as they may think proper, and upon such further terms 
and conditions as they may determine that the interests of 
the city require. 

Section 3. This act shall not in any manner abridge 
any right which the city of Quincy may now have concerning 
the disposal of said water, and the authority conferred by 
this act shall be in addition to the authority now possessed 
by it. 

Section 4. This act shall take effect upon its passage. 

Approved February 2^, 1913. 



Chap.155 An Act to authorize the suspension of sidewalk 
assessments made upon real estate in the city of 
boston which is exempt from taxation. 

Be it enacted, etc., as follows: 

Section 1. An assessment for the construction or im- 
provement of a sidewalk made upon any parcel of real estate 
in the city of Boston which is exempt by law from taxation, 



Certain side- 
walk assess- 
ments in the 
city of Boston 
may be sus- 
pended, etc. 



Acts, 1913. — Chaps. 156, 157. 105 

as determined by the board of assessors of that city, may 
be suspended by the board of assessors, upon the apphca- 
tion of the owner of the real estate for such suspension, and 
the assessment so suspended shall not be payable or bear 
interest until the day on which the parcel of real estate 
ceases to be so exempt. 
Section 2. This act shall take effect upon its passage. 

Approved February 26, 1913. 

An Act relative to the nomination of candidates for Chav 156 

TOWN offices in THE TOWN OF MILTON. 

Be it enacted, etc., as follows: 

Section 1. The certificates of nomination and nomina- Filing of 
tion papers of candidates for town offices in the town of nomination 
Milton, if filed before five o'clock in the afternoon of the hf the town 
twenty-fourth day of February in the current year, shall "igauitd! 
have the same effect as if they had been filed before the said 
hour on the twentieth day of February in the current year. 

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

Approved February 26, 1913. 

An Act making appropriations for sundry sinking Qj^dj) ^^57 
funds and serial bonds. 

Be it enacted, etc., as follows: 

Section 1. The sum of four hundred forty-six thousand Appropriations, 
eight hundred eighty-nine dollars and thirty-four cents is 
hereby appropriated, to be paid out of the treasury of the 
commonwealth from the ordinary revenue, for the benefit 
of the following sinking funds, and to provide for the payment sinking funds. 
of certain serial bonds due the present year, to wit: — 

For the Armory Loan Sinking Fund, the sum of thirty- Armory Loan, 
seven thousand three hundred and eighty-nine dollars. 

For the IMedfield Insane Asylum Loan Sinking Fund, the Medfieid in- 
sum of sixteen thousand five hundred and ninety-two dol- Sran^*^'"*" 
lars. 

For the Metropolitan Parks Loan Sinking Fund, Boule- Metropolitan 
vards, one half, the sum of thirty thousand one hundred and 
twenty-five dollars. 

For the Prisons and Hospitals Loan Sinking Fund, the Prisons and 

n .. .1 |. ■, iii-i, Hospitals Loan. 

sum ot seventy-nine thousand nme hundred and eighty- 
two dollars. 



106 



Acts, 1913. — Chap. 158. 



State High- 
way Loan. 

State House 
Loan. 



For the State Highway Loan Sinking Fund, the sum of 
forty-six thousand five hundred and twenty-eight dollars. 

For the State House Loan Sinking Fund, the sum of fifty- 
nine thousand four hundred and forty dollars. 



Serial bonds. 



Suffolk County 
Court House. 



State 
Highways. 



Abolition of 

Grade 

Crossings. 

Armories. 



Development 
of the Port of 
Boston. 



Prisons and 
Hospitals. 



Metropolitan 
Parks Loan. 



Soldiers' 
Gratuity. 



SERIAL BONDS. 

For Suffolk County Court House, due March first and 
September first, nineteen hundred and thirteen, ten thou- 
sand three hundred thirty-three dollars and thirty-four cents. 

For State Highways, due April first and October first, 
nineteen hundred and thirteen, one hundred sixty-tliree 
thousand one hundred eighty-eight dollars. 

For Abolition of Grade Crossings, due November first, 
nineteen hundred and thirteen, thirty-four thousand dollars. 

For Armories, due March first and September first, nine- 
teen hundred and thirteen, twenty-nine thousand one hun- 
dred seventeen dollars and sixty cents. 

For the Development of the Port of Boston, due August 
first, nineteen hundred and thirteen, seventeen thousand 
four hundred dollars. 

For Prisons and Hospitals, due November first, nineteen 
hundred and thirteen,, forty-eight thousand one hundred 
and sixty dollars. 

For the Metropolitan Parks Loan, series two, due Janu- 
ary first, nineteen hundred and fourteen, five hundred and 
eighty dollars. 

For the Soldiers' Gratuity, due August first, nineteen hun- 
dred and thirteen, twelve thousand one hundred and twenty 
dollars. 

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

Approved February 26, 1913. 



Chap. 158 An Act making an appropriation for the payment of 

INTEREST ON THE DIRECT DEBT AND TEMPORARY LOANS 
OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

SteJ^lt"on^ Section L A sum not exceeding one million four hundred 

direct debt, etc. q^^^ gf^y thousaud dollars is hereby appropriated from the 

treasury of the commonwealth for the payment of interest 

on the direct debt, as provided for by chapter two, section 

one, article eleven, of the constitution of Massachusetts, 



Acts, 1913. — Chap. 159. 107 

and also for interest on temporary loans, the aforesaid sum 
being the estimate of the treasurer and receiver general. 
Section 2. This act shall take effect upon its passage. 

Approved February 26, 1913. 

An Act to authorize the town of revere to issue nhnrt 159 

ADDITIONAL WATER LOAN BONDS. 

Be it enacted, etc., as folloivs: 

Section 1. Section five of chapter four hundred and ^^"^•^j^^j^^ 
fifty-seven of the acts of the year nineteen hiuidred and four 
is hereby amended by striking out the word "four", in the 
fourth line, and inserting in place thereof the word: — five, — 
and by striking out the word "three", in the eleventh line, 
and inserting in place thereof the word : — four, — so as 
to read as follows : — Section 5. Said town may, for the Town of 
purpose of paying the necessary expenses and liabilities in- L^an!^^ ^^^^"^ 
curred under the provisions of this act, issue from time to 
time bonds, notes or scrip to an amount not exceeding in 
the aggregate five hundred thousand dollars, to be deter- 
mined by a vote of the town at a legal meeting held for that 
purpose. Such bonds, notes or scrip shall bear on their face 
the words, Town of Revere Water Loan, shall be payable 
at the expiration of periods not exceeding thirty years from 
the date of issue, shall bear interest, payable semi-annually, 
at a rate not exceeding four and one half per cent per annum, 
and shall be signed by the treasurer of the town and counter- 
signed by the water commissioners hereinafter provided for. 
Said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, and upon such terms and conditions as the 
water commissioners may deem proper: provided, that such Proviso, 
securities shall not be sold for less than the par value thereof. 

Section 2, Section ten of eaid chapter four hundred amtndtd.^ "^ 
and fifty-seven is hereby amended by striking out the word 
"three", in the tenth line, and inserting in place thereof the 
word : — five, — and by adding at the end thereof the 
words : — The principal and interest of the additional 
bonds, notes or scrip authorized to be issued by this act 
shall be paid out of the income from water rates; and any 
vote of said town authorizing the issue of any of said addi- 
tional bonds, notes or scrip shall provide for such annual 
proportionate payments thereof, beginning not more than 
one year after their respective dates of issue, as will extinguish 



108 



Acts, 1913. — Chap. 159. 



Water rates, 
etc. 



the loan within thirty years from the date thereof; but the 
amount of such annual payment in any one year shall not 
be less than the amount of the principal of said loan pay- 
able in any subsequent year. Each authorized issue of bonds 
or notes shall constitute a separate loan. The amount of 
proceeds realized from said bonds or notes to be expended for 
new construction in any one year shall be additional to the 
amount allowed for that purpose by chapter two hundred 
and thirteen of the acts of the year nineteen hundred and 
eleven, — so as to read as follows: — Section 10. Said com- 
missioners shall fix such prices or rents for the use of water 
as shall produce annually as near as may be a net surplus 
over operating expenses, including therein any annual pay- 
ment to said metropolitan water board, and interest charges 
equal to two per cent of the total amount of the bonds, notes 
or scrip issued under this act, after paying all current expenses 
of operating the water works, and interest upon loans, and 
after payment of all expenses of new construction not ex- 
ceeding five thousand dollars in any one year after the 
original construction. The net surplus aforesaid shall be 
Commissioners p^id into the trcasury of the town. Said commissioners shall 
annually render an account of all their doings, and shall be 
governed by the provisions of section fifteen of chapter 
twenty-seven of the Revised Laws and acts in amendment 
thereof and in addition thereto, except as otherwise pro- 
vided herein. The principal and interest of the additional 
bonds, notes or scrip authorized to be issued by this act 
shall be paid out of the income from water rates; and any 
vote of said town authorizing the issue of any of said addi- 
tional bonds, notes or scrip shall provide for such annual 
proportionate payments thereof, beginning not more than 
one year after their respective dates of issue, as will ex- 
tinguish the loan within thirty years from the date thereof; 
but the amount of such annual payment in any one year 
shall not be less than the amount of the principal of said 
loan payable in any subsequent year. Each authorized issue 
of bonds or notes shall constitute a separate loan. The 
amount of proceeds realized from said bonds or notes to be 
expended for new construction in any one year shall be 
additional to the amount allowed for that purpose by chapter 
two hundred and thirteen of the acts of the year nineteen 
hundred and eleven. 
Section 3. This act shall take effect upon its passage; 

Approved February 26, 1913. 



to render 
account 
annually, etc. 



Payment of 
loan. 



Acts, 1913. — Chap. 160. 109 



An Act to authorize the city of north adams to (Jimp iqq 

MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1 . The city of North Adams is hereby authorized ^l^^ lI^T^ 
to issue, from time to time during the five years next en- Actof i9i3.' 
suing after the passage of this act, in addition to the amounts 
now authorized by law, bonds or notes, to be denominated 
on the face thereof, North Adams Water Loan, Act of 1913, 
to an amount not exceeding two hundred thousand dollars, 
payable at periods of not more than thirty years from the 
dates of issue respectively. The proceeds of such bonds 
or notes shall be used for the purpose of acquiring lands, 
constructing reservoirs, and generally for the purpose of 
supplying the inhabitants with water. 

Section 2. The city, instead of establishing a sinking Payment of 
fund, shall provide for the payment of bonds or notes issued 
under authority of this act by such annual payments, be- 
ginning not more than one year after the respective dates 
thereof, as will extinguish the loan within thirty years 
from the date thereof; but the amount of such annual pay- 
ment of any loan in any year shall not be less than the 
amount of the principal of said loan payable in any sub- 
sequent year. Each authorized issue of bonds or notes shall 
constitute a separate loan. Said bonds or notes shall bear 
interest at a rate not exceeding four and one half per cent 
per annum, payable semi-annually. The city may sell such 
bonds or notes at public or private sale, upon such terms and 
conditions as it may deem proper, but they shall not be sold 
for less than their par value. 

Section 3. Said city shall, at the time of authorizing Assessments. 
said loan or loans, provide for the payment thereof in accord- 
ance with section two of 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 or notes issued as aforesaid by the city, and 
to make such payments on the principal as may be required 
under the provisions of this act, shall without further vote 
be assessed by the assessors of the city annually thereafter, 
in the same manner in which other taxes are assessed, until 
the debt incurred by said loan or loans is extinguished. 

Section 4. This act shall take effect upon its passage. 

Approved February 26, 1913. 



no 



Acts, 1913. — Chaps. 161, 162. 



1906, 463, § 143, 
Part II, 
amended. 



Bridge guards 
to be erected, 
etc. 



Chap.161 An Act relative to bridge guards at bridges or 

OTHER structures OVER RAILROADS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and forty-three of Part 
II of chapter four hundred and sixty-three of the acts of the 
year nineteen hundred and six is hereby amended by insert- 
ing after the word "board", in the sixth Hne, the words: — 
except at places where, and so long as, it is specially ex- 
empted from the duty of so doing by said board, — so as to 
read as follows: — Section 143. Every railroad corporation, 
at every bridge or other structure, any portion of which 
crosses the railroad above the track, shall erect and main- 
tain, in a manner prescribed by the board of railroad com- 
missioners, suitable bridge guards, of a type approved by said 
board, except at places where, and so long as, it is specially 
exempted from the duty of so doing by said board. A cor- 
poration which neglects to comply with the provisions of 
this section shall forfeit fifty dollars for each month's neglect. 
Whoever wilfully destroys or breaks any such bridge guard 
shall be punished by a fine of not more than one hundred 
dollars or by imprisonment for not. more than thirty days. 

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

Ajrproved February 26, 1913. 



Penalties. 



The town of 
Milton may 
supply water 
to a part of 
the town of 
Canton. 



C/iap. 162 An Act to authorize the town of milton to supply 

WATER TO A PART OF THE TOWN OF CANTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may lay and maintain 
water pipes and hydrants under or upon any public or private 
way and along such ways in that part of the town of Canton 
adjoining the town of Milton and bounded by Washington 
street. Royal street. Green street, Green I>odge street, land 
of the commonwealth, and by the town of Milton, in such 
manner as not unnecessarily to obstruct the same, and for 
the purpose of constructing, laying, maintaining, operating 
and repairing such pipes and other works, may dig up such 
ways in such manner as to cause the least hindrance to 
public travel on such ways; but all things done upon the 
said ways shall be subject to the direction of the selectmen of 
the town of Canton. 

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

Approved February 26, 1913, 



Acts, 1913. — Chaps. 163, 164, 165. Ill 



An Act relative to the erection of waiting sta- njidjj j^aq 

TIONS in portions OF PUBLIC STREETS IN THE CITY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Worces- waiting sta- 
ter may, by order approved by the mayor, set aside parts ei^d m ^^ 
of the pubhc ways or areas within the pubhc squares of that ofthl^clty'^of 
city for the purpose of erecting thereon waiting stations for Worcester, 
the accommodation of the public. 

Section 2. Said board may, by order approved by the Permits may 

ii'ii., •• , , .. be granted for 

mayor, authorize the street commissioner to grant permits erection, etc. 
for the erection of waiting stations upon the parts of high- 
ways or areas described in section one of this act, for such 
time, and upon such terms and conditions, as are approved 
by the mayor. 
Section 3. This act shall take effect upon its passage. 

Approved February 26, 1913. 

An Act relative to the sale of commodities by weight, (jho^rt 164 
Be it enacted, etc., as follows: 

Section thirty-nine of chapter sixty-two of the Revised ^^/ed * ^^ 
Laws is hereby amended by striking out the Avords "the 
hundredweight", in the first line, and inserting in place 
thereof the word : — weight, — and by striking out the words 
"packages of not more than one hundred pounds avoir- 
dupois", in the second and third lines, and inserting in place 
thereof the words: — commodities so sold, — so as to read 
as follows: — Section 39. If commodities are sold by weight, "Weight", 
it shall be understood to mean the net weight of all com- 
modities so sold; and all contracts concerning goods sold by 
weight shall be understood and construed accordingl3\ 

Approved February 26, 1913. 

An Act relative to the salem police relief association, z^/,^^ i 55 
Be it enacted, etc., as follows: 

Section 1. The Salem Police Relief Association is hereby Membership 
authorized to amend its constitution and by-laws so that •'°°*'^"^- 
members of the said corporation may continue as members 
after their connection with the police department of the city 
of Salem has ceased. 

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

Approved February 26, 1913. 



112 



Acts, 1913. — Chaps. 166, 167. 



Pilgrim 
Publicity 
Association 
incorporated. 



Chap. 16d An Act to incorporate the pilgrim publicity asso- 
ciation. 

Be it enacted, etc., as follows: 

Section 1. Carroll J. Swan, Patrick F. O'Keefe and 
George W. Hopkins, their associates and successors, are 
hereby made a corporation by the name of the Pilgrim 
Publicity Association, to be located in Boston, for the pur- 
pose of promoting the commercial enterprises and resources 
of New England, particularly by studying and improving 
the methods of advertising; of serving as a publicity bureau 
for all New England business associations desiring expert 
assistance on questions relative to advertising and general 
publicity; of promoting among New England merchants 
and manufacturers a thorough understanding of the utility 
of good advertising when applied to the building up of all 
kinds of business ; and of maintaining a building or rooms for 
its meetings and for the social intercourse of its members. 

Section 2. The said association may adopt by-laws, 
consistent with law, for the government and regulation of 
its affairs, and may take and hold real or personal estate to 
the amount of five hundred thousand dollars, with authority 
to sell, purchase, mortgage, lease, or rent the same, or any 
part thereof. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1913. 



May adopt 
by-laws, hold 
real or 
personal 
estate, etc. 



Chap.l&7 An Act to authorize the Worcester art museum to 

HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 



May hold 
additional real 
and personal 
estate, etc. 



Be it enacted, etc., as follows: 

Section 1. The Worcester Art Museum may hold, in 
addition to the amount of real and personal property which 
it is authorized to hold by chapter three hundred and twelve 
of the acts of the year nineteen hundred and six, the land 
occupied by it for the purposes for which it was incor- 
porated, the buildings erected or which may be erected 
thereon, and the works of art contained therein. 

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

Approved February 26, 1913. 



Acts, 1913. — Chap. 168. 113 



An Act relative to the boston firemen's relief fund, qjkuj iqq 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and eight of the 1909, aos, § 1 
acts of the year nineteen hundred and nine is hereby amended ^™'^°'^^^- 
by inserting after the word "Boston", in the fourth hne, 
tlie words : — of whom four shall be officers of the depart- 
ment, — so as to read as follows: — Section 1. The fire The Boston 
commissioner of the city of Boston for the time being and his ReuS^Fund 
successors in office, and twelve members of the fire depart- »'»«>''po''ated. 
ment of the city of Boston, of whom four shall be officers of 
the department, to be chosen as hereinafter provided, and 
their successors, shall constitute a body corporate for the 
purpose of receiving and holding all sums of money, and 
real and personal estate not exceeding in the aggregate four 
hundred thousand dollars, which may be given, granted, be- 
queathed or devised to it for the benefit of members of the 
Boston fire department and members of the Boston pro- 
tective department or their families requiring assistance, or 
for the benefit of any persons, or the families of any persons, 
who have been such members, and who require assistance. 
The property so held and the corporation hereby created 
shall be known as The Boston Firemen's Relief Fund. The 
said corporation shall have authority to manage and dispose 
of the said fund and the income thereof according to its dis- 
cretion, subject to the provisions of any trusts which may be 
created for the purpose aforesaid. Said corporation shall duti^fete^ 
have all the powers and privileges and be subject to all the 
duties, restrictions and liabilities set forth in all general 
laws now or hereafter in force relating to similar corpora- 
tions: provided, that said corporation shall not be subject Provisos. 
to the laws relating to life or accident insurance companies 
or to the laws relating to fraternal beneficiary societies; and, 
provided, further, that it shall not be summoned as trustee in 
any action or process against any person or persons who 
may hereafter be entitled to assistance from said corpora- 
tion. Approved February 26, 1913. 



114 



Acts, 1913. — Chap. 169. 



Brockton 
Special High- 
way Loan, 
Act of 1913. 



Chap.lQ9 An Act to authorize the city of brockton to bor- 
row MONEY FOR HIGHWAY IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purpose of 
extending Centre street westerly to Warren avenue and 
City Hall square southerly to Crescent street, both being 
public highways in that city, is hereby authorized to borrow 
the sum of one hundred and fifty thousand dollars, and to 
issue therefor, from time to time, its bonds, notes or scrip; 
and the same shall not be reckoned in determining the 
statutory limit of indebtedness of the city. Such bonds, 
notes or scrip shall bear on their face the words, Brockton 
Special Highway Loan, Act of 1913; 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 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, and the proceeds shall be used 
solely for the purpose herein specified. 

Section 2. The city, at the time of authorizing the said 
loan, shall provide for the payment thereof in such annual 
proportionate payments, beginning not more than one year 
after the first issue of any of such bonds, notes or scrip, 
as will extinguish the same within the time prescribed by 
this act; and when a vote to that effect has been passed a 
sum sufficient to pay the interest as it accrues, and to make 
such payments on the principal as may be required by the 
provisions of this act, shall, without further vote, be assessed 
by the assessors of the city in each year thereafter, in the 
same manner in which other taxes are assessed, until the 
debt incurred by said loan is extinguished. 

Section 3. In order to carry out the purposes of this 
act the city of Brockton is authorized to take in fee, or to 
acquire by purchase or otherwise, and to hold all lands, 
rights of way and easements necessarj^ therefor, with all 
buildings and other structures on the land, as the same are 
hereinafter described, to wit: — First: For the extension of 
Centre street to Warren avenue. The whole or parts of two 
strips of land, one on the northerly and one on the southerly 



Payment of 
loan. 



May take, and 
hold certain 
lands, etc. 



Acts, 1913. — Chap. 170. 115 

side of the proposed highway as the same is laid out on a 
plan on file in the office of the city engineer of said city, 
showing substantially the location of said highway; said 
strips to be not more than one hundred feet in depth. 
Second: For the extension of City Hall square to Crescent 
street. The whole or parts of two strips of land, one on the 
easterly and one on the westerly side of the proposed highway 
as the same is laid out on a plan on file in the office of the 
city engineer of said city, showing substantially the location 
of said highway; the strip on the westerly side to be not 
more than sixty-five feet in depth, and the strip on the 
easterly side to be not more than one hundred feet in depth. 

Section 4. After so much of the land or property taken Remainder of 
under authority of this act has been appropriated for the bTsoid. et'c™''^ 
said street as is needed therefor, the highway commission of 
the city, with the approval of the mayor, may sell and convey 
by proper instruments, with or without restrictions, the 
remaining parts of such land, if any, for such value or con- 
sideration as the commission, with the approval of the 
mayor, may deem expedient. 

Section 5. The said city shall pay all damages sustained ^^™'«^- 
by any person or corporation by the taking of any land, 
rights of way or easements, or. by any other thing done by the 
city under authority of this act. Any person or corporation 
sustaining damages as aforesaid and failing to agree with 
the city as to the amount thereof may have the same deter- 
mined according to the provisions of law applicable to the 
taking of land for highway purposes. 

Section 6. This act shall take effect upon its passage. 

Approved February 26, 1913. 

An Act making appropriations for deficiencies in Cfiav 170 

APPROPRIATIONS FOR CERTAIN EDUCATIONAL EXPENSES AU- 
THORIZED IN THE YEAR NINETEEN HUNDRED AND TWELVE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are hereby Appropriations, 
appropriated, to be paid out of the treasury- of the common- 
wealth from the ordinary revenue, for the payment of certain 
expenses in excess of the appropriations therefor in the year 
nineteen hundred and twelve, to wit: — 

For enabling small towns to provide themselves with School super- 
school superintendents, the sum of three hundred fifty-four "***'° ^°*^" 
dollars and forty-seven cents. 



116 



Acts, 1913. — Chap. 171. 



Brockton 
Water Loan, 
Act of 1913. 



high'sdioois. For the payment of tuition in high schools, as provided by 

section three of chapter forty-two of the Revised Laws, the 
sum of seventy-two hundred thirty dollars and forty-six 
cents. 

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

A J) proved February 26, 1913. 

Chap.171 An Act to authorize the city of brockton to make 

AN additional WATER LOAN. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Brockton, for the purposes 
named in chapter one hundred and twenty-four of the acts 
of the year eighteen hundred and seventy-eight, may issue 
from time to time bonds, notes or scrip to an amount not 
exceeding one hundred thousand dollars in addition to the 
amounts heretofore authorized by law to be issued by said 
city for water works purposes; and the same shall not be 
reckoned in determining the statutory limit of indebtedness 
of the city. Such bonds, notes or scrip shall bear on their 
face the words, Brockton Water Loan, Act of 1913; shall 
be payable at the expiration of periods not exceeding thirty 
years from their dates of issue; shall bear interest, payable 
semi-annually, at a rate not exceeding four and one half per 
cent per annum; and shall be signed by the treasurer of the 
city and countersigned by the mayor. The city may sell 
such securities at 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; and no part of the proceeds 
of the sale of said bonds, notes or scrip shall be used in 
payment of running expenses. 

Section 2. The city shall, at the time of authorizing 
the said loan, provide for the payment thereof in such annual 
proportionate payments, beginning not more than one year 
after the date of each respective issue of such bonds, notes 
or scrip as will extinguish the same within the time pre- 
scribed by this act; but the amount of any annual payment 
upon any loan in any year shall not be less than the amount 
of the principal of such loan payable in any subsequent year; 
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 



Payment of 
loan. 



Acts, 1913. — Chaps. 172, 173. 117 

principal as may be required under the provisions of this 
act shall, without further vote, be assessed by the assessors 
of the city annually thereafter, in the same manner in which 
other taxes are assessed, until the debt incurred by said 
loan is extinguished. 

Section 3. This act shall take effect upon its acceptance Time of taking 
by the city council of the city of Brockton. ^ ^'^*" 

Approved February 26, 1913. 

An Act relative to playgrounds in the city of (^^^^ ]^72 
worcester. 

Be it enacted, etc., as follows: 

Section 1. The park commissioners of the city of Public piay- 

f !> 1 ' -1 " grounds may 

Worcester may, upon request or the city council, set apart be provided 

p i 1 • 1 • • • 1 • i» 1 '° *"e city of 

portions oi public parks existing in that city for the purposes Worcester. 
of public playgrounds, which shall thereafter be under the 
control of the playground commission. The areas so set 
apart shall be described by metes and bounds, and a plan piantobe 
thereof shall be filed with the clerk of the park commission ^ ' ^**^' 
and in the offices of the city clerk and city engineer before 
the same shall become public playgrounds under control of 
the playground commission. 
Section 2. This act shall take effect upon its passage. 

Approiied February 26, 1913. 

An Act relative to the water loan of the town of Chav.173 
ashburnham. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter three hundred and 1912, 328 §5 
twenty-eight of the acts of the year nineteen hundred and 
twelve is hereby amended by striking out the words "the 
date", in the eighth line, and inserting in place thereof the 
words : — their respective dates, — so as to read as fol- 
lows : — Section 5. Said town, for the purpose of paying the Town of Ash- 
necessary expenses and liabilities incurred under the pro- w^ter L^an, 
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 their respective dates of issue; shall bear 
interest, payable semi-annually, at a rate not exceeding 



118 



Acts, 1913. — Chap. 174. 



1912, 328. § 6, 
amended. 



Payment of 
loan. 



four and one half per cent per annum; and shall be signed 
by the treasurer of the town and countersigned by the water 
commissioners hereinafter provided for. The town may 
sell such securities at public or private sale, upon such 
terms and conditions as it may deem proper, but they shall 
not be sold for less than their par value. 

Section 2. Section six of said chapter three hundred 
and twenty-eight is hereby amended by striking out the 
words "said loan", in the second line, and inserting in place 
thereof the words : — each issue of such bonds, notes or scrip, 
— by striking out the words " after the first issue of such 
bonds, notes or scrip", in the fourth line, and inserting in 
place thereof the words : — after the date of such issue, — 
by striking out the word "same", in the fifth line, and in- 
serting in place thereof the words: — said issue, — and by 
striking out the word "time", in the fifth line, and insert- 
ing in place thereof the words: — thirty-^'-ear period, — so 
as to read as follows : — Section 6. Said town shall at the 
time of authorizing each issue of such bonds, notes or scrip, 
provide for the payment thereof in such annual proportionate 
payments, beginning not more than one year after the date 
of such issue, as will extinguish said issue within the thirty- 
year period 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. 

Ayproved February 26, 1913. 



Chap. 174: An Act to authorize fire insurance companies to 

INSURE AGAINST DAMAGE BY HAIL. 



1907, 576. I 32, 
etc., amended. 



Be it enacted, etc., as follows: 

Section 1. Section thirty-two of chapter five hundred 
and seventy-six of the acts of the year nineteen hundred and 
seven, as amended by chapter four hundred and ninety-nine 
of the acts of the year nineteen hundred and ten, is hereby 
further amended by inserting after the word "lightning", 
in the fourth line of clause First, the word: — hail, — so 



Acts, 1913. — Chap. 175. 119 

that said clause First will read as f olio ws : — First, To in- ^^J^f^^J^^g 
sure upon the stock or mutual plan against loss or damage to by fire. etc. 
property and loss of use and occupancy by fire; explosion, 
fire ensuing; explosion, no fire ensuing, except explosion of 
steam boilers and fly wheels; lightning, hail, or tempest on 
land; bombardment; a rising of the waters of the ocean or its 
tributaries, or by any two or more of said causes. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1913. 



An Act to extend the limits of the foxborough (Jfidj) 175 

WATER SUPPLY DISTRICT AND TO AUTHORIZE SAID DIS- 
TRICT TO INCREASE ITS INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Foxborough Foxborough 
not included in the limits either of the Foxborough Water DrstTict"x?^ 
Supply District or the East Foxborough Water Supply Dis- **" '^ ' 
trict are hereby annexed to, and made a part of the said Fox- 
borough Water Supply District, and shall hereafter be en- 
titled to all the rights and privileges and be subject to all the 
liabilities originally conferred and imposed upon said district 
by its act of incorporation, and by all acts in amendment 
thereof and in addition thereto; and all lands and other 
estate in said town, not included in the East Foxborough 
Water Supply District, together with all portions of streets 
and townways of said town not included in the East Fox- 
borough Water Supply District, shall hereafter be treated 
and affected in all ways and to all intents and purposes, as 
if originally included within the limits of said Foxborough 
Water Supply District, and hereafter in said act of incor- 
poration and in all acts in amendment thereof and in addi- 
tion thereto the terms "the district", "said district", "said 
water supply district", and "the Foxborough Water Supply 
District", shall be construed as applying to the whole dis- 
trict, including that part hereby annexed thereto: provided, p™^^- 
however, that no estate included in said annexed part of the 
district shall be subject to any tax voted by said district if, 
in the judgment of the assessors of the town of Foxborough, 
such estate is so situated that it can receive no aid for the 
extinguishment of fire from the system of water supply 
constructed in said district, or if the estate is so situated 
that the buildings thereon or the buildings that might be 



120 



Acts, 1913. — Chap. 176. 



Foxborough 
Water Supply 
District Water 
Loan, Act of 
1913. 



Payment of 
loan. 



constructed thereon, in any ordinary or reasonable manner, 
could not be supplied with water from said system. 

Section 2. The Foxborough Water Supply District, for 
the purpose of extending its water service on Central, Spring 
and County streets, and to the Mansfield and Foxborough 
town line, may issue bonds, notes or scrip to an amount not 
exceeding twenty thousand dollars. Such bonds, notes or 
scrip shall bear on their face the words, Foxborough Water 
Supply District Water Loan, Act of 1913; shall be payable 
at the expiration of periods not exceeding twenty 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 
and countersigned by the board of water commissioners of 
said district. The district may sell such securities at public 
or private sale, for the purposes of this act, upon such terms 
and conditions as it may deem proper, but they shall not 
be sold for less than their par value. 

Section 3. Said district shall, at the time of authorizing 
each issue of said bonds, notes or scrip, provide for the pay- 
ment thereof in such annual proportionate payments, be- 
ginning not more than one year after the date of such issue, 
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 experjse of operating its water 
works and the interest as it accrues on the said bonds, notes 
or scrip, and to make such payments on the principal as may 
be required under the provisions of this act, shall without 
further vote be assessed and collected by said district in each 
year thereafter in a manner similar to that in which other 
taxes are assessed, until the debt incurred by said loan is ex- 
tinguished. 

Section 4. This act shall take effect when accepted by 
a majority of the legal voters of said district present and 
voting thereon at a legal meeting called for that purpose. 

Approved February 26, 1913. 

Chap.176 An Act to establish the bushel weights of certain 
varieties of peas and beans and of rough rice. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter sixty-two of the 
Revised Laws, as amended by chapter two hundred and 
ninety-seven of the acts of the year nineteen hundred and 



Time of tak- 
ing effect. 



R. L. 62, § 4, 
etc., amended. 



Acts, 1913. — Chap. 176. 121 

ten and by chapter two hundred and eighty-four of the acts 
of the year nineteen hundred and twelve, is hereby further 
amended by inserting before the word "peas", in the fifth 
Hue, the word : — smooth, — by inserting after the word 
"pounds", in the same Une, the words: — of wrinkled peas, 
fifty-six pounds, — by inserting after the words " sixty 
pounds", in the fourteenth line, the words: — of lima beans, 
fifty-six pounds; of scarlet runner pole beans or of white 
runner pole beans, fifty pounds; of broad Windsor beans, 
forty-seven pounds, — and by striking out the word " forty- 
five", in the fifteenth line, and inserting in place thereof the 
word : — forty-four, — so as to read as follows : — Section 4- of^cerfaiT'^*** 
The bushel of wheat shall contain sixty pounds; of Indian *'°'"^?^'H®^ 
corn or of rye, fifty-six pounds ; of barley, forty-eight pounds ; 
of oats, thirty-two pounds; of corn meal, fifty pounds; of 
rye meal, fifty pounds; of smooth peas, sixty pounds; of 
wrinkled peas, fifty-six 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 lime, 
seventy pounds; of sweet potatoes, fifty-four pounds; of 
beans, sixty pounds; of lima beans, fifty-six pounds; of 
scarlet runner pole beans or of white runner pole beans, 
fifty pounds; of broad Windsor beans, forty-seven pounds; 
of dried apples, twenty-five pounds; of dried peaches, 
thirty-tliree pounds; of rough rice, forty-four 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; 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 February 26, 1913. 



122 



Acts, 1913. — Chap. 177. 



Chap. 177 An Act relative to the liquidation of corporations 

AND INDIVIDUAL BANKERS SUBJECT TO THE SUPERVISION 
OF THE BANK COMMISSIONER, 



1910, 399 § 3, 
amended. 



Bank com- 
missioner to 
give notice of - 
taking posses- 
sion of prop- 
erty, etc., of 
any bank, etc. 



Bank may 
resume busi- 
ness, etc. 

Proviso. 



Be it enacted, etc., as follows: 

Section three of chapter three hundred and ninety-nine 
of the acts of the year nineteen hundred and ten is hereby 
amended by adding at the end thereof the words : — jjro- 
tided, however, that if, in his judgment, it is for the pubhc 
interest so to do, he may retain in behalf of the bank the con- 
trol, prosecution or defence of any undetermined suits or 
claims brought in behalf of or against the bank under the 
provisions of section five of this act during the time when 
the bank was in his charge, and the expense of prosecuting 
or defending such suits or claims shall be paid from the funds 
of such bank, — so as to read as follows : — Section 3. Upon 
taking possession of the property and business of any bank, 
the bank commissioner shall forthwith give notice of that 
fact to any and all banks, trust companies, associations and 
individuals holding or having possession of any assets of 
such bank. No bank, trust company, association or in- 
dividual knowing that the bank commissioner has taken such 
possession, or having been notified thereof as aforesaid, shall 
have a lien or charge for any payment, advance or clearance 
thereafter made, or liability thereafter incurred, against 
any of the assets of the bank of whose property and business 
the bank commissioner shall have taken possession as afore- 
said. Such bank may, with the consent of the bank com- 
missioner, resume business upon such conditions as he may 
approve: provided, however, that if, in his judgment, it is 
for the public interest so to do, he may retain in behalf of 
the bank the control, prosecution or defence of any undeter- 
mined suits or claims brought in behalf of or against the 
bank under the provisions of section five of this act dm-ing 
the time when the bank was in his charge, and the expense 
of prosecuting or defending such suits or claims shall be paid 
from the funds of such bank. 

Approved February 26, 1913. 



Acts, 1913. — Chaps. 178, 179. 123 



An Act relative to the receiving of money for Chap.178 

TRANSMISSION TO FOREIGN COUNTRIES. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and thirty-eight isio, 338, § i. 
of the acts of the year nineteen hundred and ten is hereby 
amended by striking out the words "doing an interstate 
or international business", in the twelfth line, and inserting 
in place thereof the words : — having contracts with railroad 
or steamship companies for the operation of an express service 
upon the lines of such companies, — so as to read as fol- 
lows: — Section 1. The provisions of chapter four hundred Jnoos^Ils!**"^ 
and twenty-eight of the acts of the year nineteen hundred ^"thfr^e^v^ 
and five, and of all acts in amendment thereof and in addition ing of money 

1 • 1 • • <• ^ • e J? trans- 

thereto, relative to the receivmg or deposits ot money tor mission to 
the purpose of transmitting the same to foreign countries countries. 
shall apply to all persons, partnerships, associations or ^ 
corporations that carry on the business, or make a practice, 
of receiving deposits of money for the purpose of transmitting 
the same or equivalents thereof to foreign countries or states: 
'provided, however, that this act shall not apply to banks or Proviso, 
trust companies, nor to express companies having contracts 
with railroad or steamship companies for the operation of 
an express service upon the lines of such companies, or 
to persons, partnerships, corporations or associations engaged 
in the banking or brokerage business. 

Approved February 26, 1913. 



An Act relative to bonds given by certain banks, Chap. 179 

ASSOCIATIONS AND PERSONS. 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and eight of the acts looe, 408, § i. 
of the year nineteen hundred and six, as amended by section ^ "" *"'^'' 
one of chapter three hundred and seventy-seven of the acts 
of the year nineteen hundred and seven, is hereby further 
amended by inserting after the word "country", in the nine- 
teenth line, the words : — and in the event of the insolvency 
or bankruptcy of the principal upon the payment of the full 
amount of such bond to the assignee, receiver or trustee of 
the principal, as the case may require, for the benefit of such 
persons as shall deliver money to said principal for safe 



124 



Acts, 1913. — Chap. 179. 



Certain cor- 
porations, etc., 
receiving 
deposits, etc., 
to give bond, 
etc. 



keeping or for the purpose of transmitting the same to a 
foreign country, — so as to read as follows: — Section 1. 
All persons, partnerships, associations or corporations now 
or hereafter engaged in the selling of steamship or rail- 
road tickets for transportation to or from foreign countries, 
or in the supplying of laborers, that, in conjunction with said 
business, carry on the business of receiving deposits of money 
for safe keeping, or for the purpose of transmitting the same, 
or equivalents thereof, to foreign countries, or for any other 
purpose, shall, before entering into or continuing in the said 
business, except as hereinafter provided, make, execute and 
deliver a bond to the treasurer and receiver general in such 
sum as the bank commissioner may deem necessary to cover 
money or deposits received for the aforesaid purposes by 
such persons, partnerships, associations or corporations, 
the bond to be conditioned upon the faithful holding and 
repayment of the money deposited as aforesaid, and upon 
the faithful holding and transmission of any money, or 
equivalent thereof, which shall be delivered to them for 
transmission to a foreign country, and in the event of the 
insolvency or bankruptcy of the principal upon the payment 
of the full amount of such bond to the assignee, receiver or 
trustee of the principal, as the case may require, for the 
benefit of such persons as shall deliver money to said prin- 
cipal for safe keeping or for the purpose of transmitting the 
same to a foreign country. If any person, partnership or 
member of a partnership, or any association or corporation 
engaged or financially interested in the selling of tickets or 
supplying of laborers as aforesaid is also engaged or financially 
interested in the business of receiving deposits of money as 
aforesaid, or if any person, partnership or member" of a 
partnership, or any association or corporation engaged or 
financially interested in the business of receiving deposits of 
money as aforesaid is also engaged or financially interested 
in the selling of tickets or supplying of laborers as afore- 
said, such person, partnership, member of a partnership, 
association or corporation, shall be held to be subject to the 
provisions of this section, under whatever name or by what- 
ever persons the said business of selling tickets or supplying 
laborers or the said business of receiving deposits is carried 
on. Approved February 26, 1913. 



Acts, 1913. — Chaps. 180, 181. 125 



An Act relative to bonds of treasurers of bar as- (jhnrt ISO 

SOCIATIONS IN CONTROL OF LAW LIBRARIES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and ^^^j^^^Jj ^ '• 
forty-one of the acts of the year nineteen hundred and 
twelve is hereby amended by inserting after the word "as- 
sociation", in the first and second hues, the words: — and 
of every bar association having in charge a law library sup- 
ported in whole or part by the county, — so as to read as 
follows : — Section 1 . The treasurer of every law library xreastirers of 
association, and of every bar association having in charge a associations, 
law library supported in whole or part by the county, before bond!" ^'^^ 
receiving any money from the county treasurer, shall give 
bond, with sureties to the satisfaction of the county com- 
missioners, for the faithfid application of such money, and 
that he will make a return annually to the county treasurer, , 
under oath, of the manner in which it has been expended, 
fully itemizing all receipts and expenditures and accompany- 
ing the same with proper vouchers. 

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

Approved February 26, 1913. 



An Act to provide for limited licenses for insur- (JJidp \^\ 
ance brokers. 

Be it enacted, etc., as follows: 

Section 1. In addition to issuing brokers' licenses giving Limited 
the full authority to the licensee as set forth in section ninety- he issued to 
five of chapter five himdred and seventy-six of the acts of brokerej^etc. 
the year nineteen hundred and seven, as amended by chapter 
four hundred and twenty-nine of the acts of the year nine- 
teen hundred and eleven, the insurance commissioner is 
authorized, at his discretion, to issue insurance brokers' 
licenses which limit the authority of the licensee to the ex- 
tent agreed upon with the applicant and set forth in the 
license issued to him, but in other respects the granting 
of such licenses and the brokers so licensed shall be governed 
by the provisions of law relating to insurance brokers. 

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

Approved February 26, 1913. 



126 



Acts, 1913. — Chaps. 182, 183. 



Chap. 182 An Act relative to passing through cemeteries. 

Be it enacted, etc., as folloivs: 



Passing 
through 
cemeteries, 
etc., regulated. 



Penalty. 



Section 1. No person shall use as a means of passage 
from one point to another, not being thereupon at the time 
for any other purpose, the premises of a cemetery or burial 
place for the human dead, in any other parts thereof than 
the defined ways, paths and walks. 

Section 2. Violation of the provisions of this act shall 
be punished by a fine not exceeding twenty dollars. 

Approved February 26, 1913. 



Chap. ISS An Act to authorize the city of new Bedford to incur 
indebtedness for the purpose of sewer construction. 



The city of 
New Bedford 
may incur in- 
debtedness for 
sewer con- 
struction. 



Certain pro- 
visions of law 
to apply. 



Payment of 
loan. 



Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose 
of sewer construction in that city, may incur indebtedness, 
beyond the limit fixed by law, to an amount not exceeding 
one hundred thousand dollars, and may issue bonds, notes or 
scrip therefor. Such bonds, notes or scrip shall be pay- 
able within such periods, not exceeding thirty years from 
the dates of issue, and shall bear such rate of interest, not 
exceeding four per cent per annum, payable semi-annually, 
as the city council shall determine. Except as otherwise 
provided herein, the provisions of chapter foiu* hundred and 
ninety of the acts of the year nineteen hundred and nine shall, 
so far as they may be applicable, apply to the indebtedness 
hereby authorized and to the securities issued therefor. 

Section 2. The city council of the city 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 thereafter, 
without further action by the city council, the amount re- 
quired for such payments shall annually be assessed by the 
assessors of the city, in the same manner in which other 
taxes are assessed, until the debt incurred by the said loan 
is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1013. 



Acts, 1913. — Chap. 184. 127 



An Act making appropriations for the salaries and rjhnj. 1 04 

EXPENSES OF THE STATE BOARD OF CHARITY AND FOR 
SUNDRY OTHER CHARITABLE EXPENSES. 

Be it enacted, etc., as Jolloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropna- 
priated, to be paid out of the treasury of the commonwealth bo^rd of ^^ 
from the ordinary revenue, for the salaries and expenses of '^^'^"'■y- 
the state board of charity and for sundry charitable expenses, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit : — 

STATE BOARD OF CHARITY. 

For expenses, including travelling of members and sal- ui?*boa^°^ 
aries and expenses in the board's central office, a sum not 
exceeding twenty-two thousand dollars. 

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

For salaries and expenses in the division of state adult state adult 
poor, a sum not exceeding fifty-seven thousand four hundred ^^'^' 
and six dollars. 

For salaries and expenses in the division of state minor state minor 
wards, a sum not exceeding eighty-one thousand six hundred '"^^'^^■ 
dollars. 

For travelling and other necessary expenses of the auxiliary Expenses of 
visitors of the board, a sum not exceeding twelve hundred vStorl.^ 
dollars. 



MISCELLANEOUS CHARITABLE. 

For transportation of state paupers under charge of the Transportati. 

of state 
paupers. 



state board of charity, including transportation of prisoners °^ ^*^'* 



released on probation from the state farm, and travelling 
and other expenses of probation visitors, for the present 
year and for previous years, a sum not exceeding sixteen 
thousand dollars. 

For the care and maintenance of indigent and neglected negSd"*""^ 
children and juvenile offenders, for the present year and for children, etc. 
previous years, to include expenses in connection with the 
same, a sum not exceeding five hundred and four thousand 
dollars. 

For expenses in connection with smallpox and other Dangerous 
diseases dangerous to the public health, for the present year '^'^^■^- 



128 



Acts, 1913. — Chap. 185. 



Tuition of 

certain 

children. 



Sick state 
paupera. 



Burial of state 
paupers. 



Temporary 
aid, etc. 



Unsettled 
pauper infants. 



and for previous years, a sum not exceeding forty-five thou- 
sand dollars. 

For tuition in the public schools, including transportation 
to and from said schools, of children boarded or bound out 
by the state board of charity, for the present year and for 
previous years, a sum not exceeding forty thousand dollars. 

For the support of sick state paupers by cities and towns, 
for the present year and for previous years, the same to in- 
clude cases of wife settlement, a sum not exceeding sixty- 
five thousand dollars. 

For the burial of state paupers by cities and towns, for 
the present year and for previous years, a sum not exceeding 
ten thousand dollars. 

For temporary aid rendered to state paupers and ship- 
wrecked seamen by cities and towns, for the present year 
and for previous years, a sum not exceeding fifty thousand 
dollars. 

For the support and transportation of unsettled pauper 
infants in infant asylums, for the present year and for 
previous years, a sum not exceeding fifty-eight thousand 
dollars. 

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

Approved February 26, 1913. 



Chap. 185 An Act m\king appropriations for the salaries and 

EXPENSES OF THE STATE BOARD OF AGRICULTURE AND 
FOR SUNDRY OTHER AGRICULTURAL EXPENSES. 

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 state board of agriculture, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit: — 

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

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

For the salary of the second clerk, fourteen hundred 
dollars. 

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

For additional clerical assistance and for lectures before 
the board at its annual meeting and other meetings, a sum 
not exceeding sixteen hundred dollars. 



Appropriations, 
state board of 
agriculture. 



Secretary. 

First clerk. 
Second clerk. 



Expenses of 
secretary. 

Clerical assist- 
ance, etc. 



Acts, 1913. — Chap. 185. 129 

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

For incidental and contingent expenses, including print- incidental 
ing and furnishing extracts from trespass laws, a sum not ^''^'^^^' ^'*'- 
exceeding sixteen hundred dollars. 

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

For disseminating useful information in agriculture by Disseminating 
means of lectures at farmers' institutes, a sum not exceeding matii'n.''^"'^' 
six thousand dollars. 

For bounties to agricultural societies, a sum not exceeding Bounties to 
thirty-two thousand dollars. S"i"'''' 

For bounty to encourage and improve the breeding of Breeding of 
poultry, the sum of one thousand dollars. 

For the encouragement of orcharding, the sum of five Orcharding. 
hundred dollars. 

DAIRY BUREAU. 

For the salary of the executive officer, five hundred dol- r)airy bureau, 

" ' executive 

larS. officer. 

For the salary of a general agent, eighteen hundred dollars. General agent. 

For assistants, experts, chemists, agents and other neces- Assistants, etc. 
sary expenses, including printing the annual report, a sum 
not exceeding eight thousand dollars. 



MISCELLANEOUS. 

For compensation and expenses of the state nursery in- state nursery 
spectors, including expenses in connection with the im- '°^p^'=*°''^' ^*^- 
portation of nursery stock from other states, provinces or 
countries, a sum not exceeding fifteen thousand dollars. 

For the compensation and expenses of the inspector of i"?pectorof 

^ , '^ ^ apiaries. 

apiaries, a sum not exceeding two thousand dollars. 

For the encouragement of agriculture by the holding of ^^■^^}^}. 

.,,.,.. ,. , 111 exhibitions. 

special exhibitions, a sum not exceeding two thousand dol- 
lars. 

For the salary of the state ornithologist, fifteen hundred o^fs'f slhJry"'" 
dollars. 

For travelling and other necessary expenses of the state Expenses. 
ornithologist, a sum not exceeding five hundred dollars. 

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

Approved February 26, 1913. 



130 



Acts, 1913. — Chaps. 186, 187, 188. 



Appropriations. 



Annuities. 



Pensions. 



Chap. 18Q An Act making appropriations for the payment of 

ANNUITIES AND PENSIONS TO SOLDIERS AND OTHERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonweaUh 
from the ordinary revenue, for annuities and pensions due 
from the commonwealth to soldiers and others, during the 
fiscal year ending on the thirtieth day of November, nineteen 
hundred and thirteen, to wit: — 

For annuities, the sum of seventy-one hundred and thirty- 
four dollars. 

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

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

Aiyyrovcd February 26, 1913. 

Chap. 1S7 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 
November, nineteen hundred and thirteen, to wit: — 

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

For clerical assistance and incidental and contingent 
expenses, and for establishing forest tree niu-series, a sum not 
exceeding twenty 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 twenty thousand dollars. 

For aiding towns in preventing or extinguishing forest 
fires or in making protective belts or zones as a defence 
against forest fires, a sum not exceeding five thousand dollars. 

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

Ayyroved February 26, 1913. 

C hap. ISS An Act making an appropriation for the suppression 
OF the gypsy and brown tail moths. 

Be it enacted, etc., as follows: 

gypsTa^d"" °^ Section 1. The sum of one hundred and twenty-five 
brown tail thousaud dollars is hereby appropriated, to be paid out of 



Appropriations. 



State forester, 
salary. 
Clerical 
assistance, etc. 



Purchase of 
land. 

Prevention of 
forest fires. 

Aiding towns 
in preventing, 
etc., forest 
fires, etc. 



Acts, 1913. — Chaps. 189, 190. 131 

the treasury of the commonwealth from the ordinary revenue, 
for the suppression of the gj^psy and brown tail moths and 
for expenses incidental thereto, as authorized by chapter 
three hundred and eighty-one of the acts of the year nineteen 
hundred and five, the same to be in addition to the amounts 
heretofore appropriated for this purpose. 

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

Approved February 26, 1913. 

An Act to authorize the city of newton to lay, main- (Jjkit) 189 

TAIN and use sewers IN THE CITY OF WALTIIAM. 

Be it enacted, etc., as Jolloivs: 

Section 1. The city of Newton, with the consent of the The city of 
board of aldermen of the city of Waltham, is hereby author- i^y^". ™''^ 
ized to lay, maintain, repair and use common sewers in that cortrin parts 
part of Adams avenue which is in the city of Waltham, and wauLm^ °^ 
in that part of INIoody street which is between Adams avenue 
and the boundary line between the city of Newton and the 
city of Waltliam, and to take, or acquire by purchase or 
otherwise any land or rights therein necessary for this pur- 
pose, and to construct, maintain, repair and use said sewer 
or sewers for the disjwsal of sewage of the city of Newton 
and as a part of the sewerage system of that city. The 
owner of any estate on INIoody street or Adams avenue in 
the city of Waltham, whose estate is not sewerable in the 
sewerage system of said city, may enter the common sewer 
of the city of Newton, upon such terms and conditions as 
that city shall prescribe. 

Section 2. Any damages occasioned by the taking of D-'^^^ees. 
land or any rights therein, or by the doing of any other act 
authorized hereby shall be ascertained and recovered as in 
the case of land taken for the laying out of ways or streets 
in the city of Newton. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1913. 



An Act to place the superintendent of fire alarms nhnj. ign 

IN the city of CHELSEA UNDER THE CIVIL SERVICE LAWS. ' 

Be it enacted, etc., as jollows: 

Section 1. The superintendent of fire alarms and fnt'^of'firr''' 
inspector of wires in the city of Chelsea shall hereafter be alarms etc., 
placed under the civil service laws and regulations and his placed under 



132 



Acts, 1913. — Chaps. 191, 192. 



civil service 
laws, etc. 



Present in- 
cumbent may 
continue in 
office, etc. 

Act to be sub- 
mitted to 
voters. 



term of office shall be permanent, except that he may be 
removed in accordance with the civil service laws and the 
regulations made thereunder. But the person now holding 
the said office may continue therein without passing the 
civil service examination. 

Section 2. This act shall be submitted to the voters 
of the city of Chelsea at the annual state election in the 
current year, and shall take effect upon its acceptance by a 
majority of the voters voting thereon; otherwise it shall 
not take effect. Ajyproved February 26, 1913. 



Chap. 191 An Act relative to the payment to county treasurers 

BY CLERKS OF COURTS OF INTEREST ON MONEY PAID INTO 
THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

moMy paki SECTION 1. Exccpt in the county of Suffolk, all money 

su^erk.r court P^i^ ^^^^0 thc supcpior court shall be placed at interest, 
to county "^^^ if possible, by the clerks of courts, and the interest, over 
treasurers, etc. and abovc thc amouut accumulated on pending cases, 
shall be paid over to the county treasurer on the first day 
of January of each yeaCr, to be used for general county pur- 
poses. 

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

Approved February 26, 1913. 



Chap.192 An Act to authorize the town of agawam to borrow 

ADDITIONAL MONEY FOR ITS WATER SUPPLY. 



Agawam Water 
Loan, Act of 
1913. 



Be it enacted, etc., as follows: 

Section 1. The town of Agawam, for the purposes 
specified in chapter three hundred and fifty-three of the 
acts of the year nineteen hundred and five, is hereby au- 
thorized to issue from time to time bonds or notes to an 
amount not exceeding one hundred thousand dollars in 
addition to amounts heretofore authorized by law to be 
issued by said town for water supply purposes. Bonds or 
notes issued under authority of this act shall bear on their 
face the words, Agawam Water Loan, Act of 1913; shall 
be payable by such annual payments, beginning not more 
than one year after their respective dates of issue, as will 
extinguish the loan within thirty years after the date of 
such issue; but the amount of such annual payment of 



Acts, 1913. — Chap. 193. 133 

any loan in any year shall not be less than the amount of 
the principal of said loan payable in any subsequent year. 
Each authorized issue of bonds or notes shall constitute a 
separate loan. Said bonds or notes shall bear interest at a 
rate not exceeding four and one half per cent per annum, 
payable semi-annually, and shall be signed by the treasurer 
of the town and countersigned by a majority of the select- 
men. The town may sell such bonds or notes 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. Said town shall, at the time of authorizing Payment of 
each issue of such bonds or notes provide for the payment ^°^'^' 
thereof in accordance with section one of this act; and when 
a vote to that effect has been passed, a sum which with the 
income derived from water rates w^ill be sufficient to pay the 
annual expense of operating its water works and the interest 
as it accrues on the bonds or notes 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 an- 
nually thereafter, in the same manner in which other taxes 
are assessed, until the debt incurred by said loan or loans is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1913. 

An Act to authorize payment of a certain note by nhnjy iqq 

THE TOWN OF SHERBORN. ^' 

Be it enacted, etc., as follows: 

Section 1 . The promissory note, known as the Sawin Acts of the 
academy note, issued by the town of Sherborn, signed by the ^''n of°shert 
town treasurer, payable to the trustees of Sawin academy J*"™ '■^''**>y« 

11 iT-\i •! 1-1 .''to payment 

and dated December ten, eighteen hundred and ejghty-six, of » certain 
for thirteen hundred and seventy-five dollars, of which three 
hundred dollars have been paid by said town, shall be deemed 
a legal and binding obligation of the town of Sherborn, and 
the acts of the officers of said town in authorizing and issuing 
the same and making payments of principal and interest 
thereon shall be deemed to have been lawful. 

Section 2. The town of Sherborn, for the purpose of 1^^^""^°^ 
discharging the said obligation, is hereby authorized to pay 



134 



Acts, 1913. — Chaps. 194, 195. 



the same, together with interest accrued thereon to the date 
of payment, out of any funds available or by tax levy. 
Section 3. This act shall take effect upon its passage. 

A'p'proved February 26, 1913. 



Certain funds 
for perpetual 
care of ceme- 
tery lots in the 
town of Sher- 
born restored. 



C/iap. 194 An Act to authorize the restoration by the town of 

SHERBORN OF CERTAIN FUNDS FOR THE PERPETUAL CARE 
OF CEMETERY LOTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Sherborn is hereby authorized 
to restore by tax levy or by appropriation out of any funds 
available such respective amounts of divers funds paid into 
its treasury by various persons for the purpose of providing 
for the perpetual care of certain cemetery lots as have not 
been retained in its treasury nor been invested in accordance 
with the provisions of chapter two hundred and sixty-four 
of the acts of the year eighteen hundred and ninety and acts 
in amendment thereof. 

Section 2. When restored, such funds shall be deemed 
to be funds established by the respective donors thereof, in 
accordance with said chapter two hundred and sixty-four, 
and acts in amendment thereof, and thereafter they shall 
be held, managed and invested and the income therefrom 
expended and accounted for as provided by said acts. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1913. 



To be used, 
etc., in accord- 
ance with cer- 
tain provisions 
of law, etc. 



C/iap. 195 An Act relative to the nomination of candidates 

FOR TOWN OFFICES IN THE TOWNS OF ARLINGTON AND 
LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. The nomination papers of candidates for 
town offices in the towns of Arlington and Lexington if 
filed before five o'clock, p.m., on February twenty-fourth, 
in the current year, shall have the same effect as if they had 
been filed before the said hour on February twentieth, in 
the current year. 

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

Approved February 27, 1913. 



Filing of 
nomination 
papers in the 
towns of 
Arlington and 
Lexington 
legalized. 



Acts, 1913. — Chaps. 196, 197. 135 



An Act making appropriations for payment of state Chav.l9Q 

AND MILITARY AID AND EXPENSES IN CONNECTION THERE- 
WITH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations, 
priated, to be paid out of the treasiu-y 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 thirteen, to wit : — 

For reimbursing cities and towns for money paid on state and 
account of state and military aid to Massachusetts volunteers ™" * 
and their families, a sum not exceeding seven hundred and 
sixty thousand dollars, the same to be paid on or before the 
fifteenth day of November in the year nineteen hundred and 
thirteen. 

For the salarv of the commissioner of state aid and pen- Commissioner 

. . fi ^ , 1 1 -1 11 of state aid 

sions, twenty-nve nuntireu dollars. and pensions. 

For the salary of the deputy commissioner, two thousand Deputy. 
dollars. 

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

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

For incidental and contingent expenses, to include neces- Expenses. 
sary travel, a sum not exceeding twenty-three hundred fifty- 
seven dollars and fifty cents. 

Section 2. Tliis act shall take effect ujwn its passage. 

Approved February 28, 1913. 

An Act relative to the dam of the turners falls Chap. 197 

COMPANY. 

Be it enacted, etc., as folloics: 

Section 1. The Turners Falls Company is hereby Certain dam 
authorized to raise the height of its present dam across Faiis*^f"be 
the Connecticut river, or to build a new dam in place thereof, ^^'^' ^^■ 
in substantially the same situation, to such height that the 
permanent crest of the dam shall be not more than three 
feet above the Francis Base, so-called, at Turners Falls. 
The dam shall be constructed and maintained subject to the Certain provi- 

.. „i . . 1 iiii'j. sions of law to 

provisions of chapters nmety-six and one hundred and nmety- apply, 
six of the Revised Laws, and of all other general laws, so far 



136 



Acts, 1913. — Chaps. 198, 199, 200. 



as such provisions are applicable thereto and not inconsistent 
herewith. 

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

Approved February 28, 1913. 



Chap. 19S An Act to authorize the haverhill female benevolent 

SOCIETY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section two of chapter four hundred and four of the acts 
of the year eighteen hundred and fifty-four is hereby amended 
by striking out the word "fifty", in the last line, and insert- 
ing in place thereof the words: — one hundred, — so as to 
read as follows : — Section 2. The said corporation may 
take and hold real and personal estate, for the purpose afore- 
said, to an amount not exceeding one hundred thousand 
dollars. Approved February 28, 1913. 



1854, 404, § 2, 
amended. 



May hold real 
and personal 
estate, etc. 



C/iap. 199 An Act to authorize the first parish church in dor- 

CHESTER TO HOLD ADDITIONAL PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The First Parish Church in Dorchester may 
hold property, real and personal, the annual income of which 
shall not exceed fifteen thousand dollars. 

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

Approved February 28, 1913. 



May hold 
additional 
estate, etc. 



Westfield 
Baptist Asso- 
ciation incor- 
porated. 



Chap. 2^0 An Act to incorporate the westfield baptist associa- 
tion. 

Be it enacted, etc., as follows: 

Section 1. Benjamin D. Hahn, Robert B. Fisher, Wil- 
liam W. Weeks, Herbert E. Thayer, John S. Lyon, Edwin 
B. Dolan and Warren L. Atherton, their associates and 
successors in the membership of the Westfield Baptist Associa- 
tion, are hereby made a corporation by the name of the 
Westfield Baptist Association for the purpose of continuing 
the work heretofore carried on by the voluntary association 
bearing the same name, and especially for the purpose of 
holding and managing a gift to said association by the will 
of Meriva L. Capen, aUas Meriva Leach Capen, late of 
Palmer, in the county of Hampden, deceased, and any other 



Acts, 1913. — Chap. 201. 137 

gifts or other funds hereafter received by said corporation, 
and with the powers and privileges and subject to the ha- 
bihties and duties now or hereafter conferred or imposed by 
general law upon such corporations. 

Section 2. Upon the acceptance of this act by the said Membership, 
Westfield Baptist Association at a regular annual meeting, 
or at any vSpecial meeting duly called therefor, the corpora- 
tion hereby created shall succeed to all the powers, rights 
and obligations of said association, and all members of said 
voluntary association shall thereupon become members of 
said corporation. 

Section 3. Said corporation may acquire by gift, grant, May hold real 

1 • 1 1 1 1 J £ xl, ' i? • 1 1 ^^^ personal 

devise or purchase, and hold tor the purposes aioresaid real estate. 
and personal estate to the value of one million five hundred 
thousand dollars. 

Section 4. The property, real and personal, of said cor- Exempt from 

,. 1111 A. e ^ J. j^* 'j.! - taxation, etc. 

poration shall be exempt irom taxation in the same manner 
and to the same extent as the property of literary, benevolent, 
charitable and scientific institutions incorporated within 
this commonwealth. 

Section 5. This act shall take effect upon its passage. 

Airproved February 28, 1913. 



An Act to authorize the city of Worcester to take (jhdy 201 

LAND IN connection WITH THE EXTENSION OF MADISON 

street. 
Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized ^orcelter"^ 
to take in fee, in connection with the laying out and con- may take land 
struction of a proposed street extending from Madison street purpose. 
to Canal street in that city, the whole or parts of lots of land, 
not exceeding one hundred and fifty feet in depth, on both 
the north and south sides of said street as proposed to be 
laid out; a plan made by the city engineer, showing sub- 
stantially the location of the proposed diagonal street and 
the tracts which may be taken under authority hereof, 
being on file in the office of the city clerk for reference. 

Section 2. After so much of the land or property as Remainder 
shall be taken under authority of this act has been appro- etc. 
priated for the location of said street as is needed therefor, 
the street commissioner of the city may sell and convey by 
deeds, with or without restrictions, the remainder of such 



138 



Acts, 1913. — Chap. 202. 



Swampscott 
Sewerage 
Loan, Act of 
1913. 



land, if any, for such value or consideration as is approved 
by the mayor. 
Section 3. This act shall take effect upon its passage. 

Approved February 28, 1913. 

Chap.202 An Act to authorize the town of swampscott to 

INCUR ADDITIONAL INDEBTEDNESS FOR THE PURPOSE OF 
EXTENDING AND IMPROVING ITS SEWER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott, for the purpose 
of extending and improving its sewer system, and also for 
the purposes mentioned in chapter eighty-six of the acts of 
the year nineteen hundred and two and in chapter four 
hundred and one of the acts of the year nineteen hundred 
and three, may incur indebtedness and may issue from time 
to time bonds or notes therefor to an amount not exceeding 
one hundred thousand dollars in addition to the two hun- 
dred and fifty thousand dollars authorized by said chapters 
eighty-six and four hundred and one, and this additional 
amount shall not be reckoned in determining the legal 
limit of indebtedness of the town. The bonds or notes issued 
under authority of this act shall bear on their face the words, 
Swampscott Sewerage Loan, Act of 1913; shall be pay- 
able by such annual payments, beginning not more than one 
year after the respective dates thereof, as will extinguish 
each loan within thirty years from the date thereof; but the 
amount of such annual payment of any loan in any year shall 
not be less than the amount of the principal of said loan 
payable in any subsequent year. Each authorized issue 
of bonds or notes shall constitute a separate loan. Said 
bonds or notes shall bear interest at a rate not exceeding four 
and one half per cent per annum, payable semi-annually; 
shall be signed by the treasurer of the town and counter- 
signed by a majority of the selectmen. The town may sell 
such bonds or notes 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. Said town shall at the time of authorizing 
said loan or loans provide for the payment thereof in accord- 
ance with section one of this act; and when a vote to that 
effect has been passed, a sum sufficient to pay the interest as 
it accrues on the bonds or notes issued as aforesaid by the 
town, and to make such payments on the principal as may 



Payment of 
loan. 



Acts, 1913. — Chap. 203. 139 

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 or loans is 
extinguished. 
Section 3. This act shall take effect upon its passage. 

Approved February 28, 1913. 

An Act to establish the lunenburg water supply Chav.20Z 

DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Lunenburg, Lunenburg 
liable to taxation in that town and residing within the terri- District esub- 
tory enclosed by the following boundary lines, to wit : — Be- 
ginning in the most southwesterly part of Lunenburg, near 
Baker's pond, at the Fitchburg town line, and four hun- 
dred feet distant southerly from the southerly side line of 
Summer street; thence easterly in a line parallel with said 
Summer street and four hundred feet distant southerly 
therefrom to the Leominster town line; thence by the 
Leominster town line, crossing said Summer street, to a 
point four hundred feet distant northerly therefrom; thence 
in a line parallel with said Summer street and four hundred 
feet distant northerly therefrom, westerly to a point four 
hundred feet northeasterly from Graham street; thence in 
a line parallel with said Graham street and four hundred feet 
distant northeasterly therefrom, to a point four hundred feet 
easterly from Whalom road; thence in a line parallel with 
said Whalom road and four hundred feet distant easterly 
therefrom, northeasterly to a point four hundred feet south- 
erly from Lesiu-e avenue; thence in a line parallel with said 
Lesure a^'enue and four hundred feet distant southerly there- 
from to the Leominster town line; thence by the Leominster 
town line northeasterly to the shore of Whalom lake ; thence 
by the shore of Whalom lake northerly to a point four hun- 
dred feet southerly from Prospect street; thence in a line 
parallel with said Prospect street and four hundred feet 
distant southerly therefrom, easterly to the road leading 
from Lunenburg to Leominster; thence crossing said road, 
to a point four hundred feet distant easterly therefrom; 
thence in a line parallel with said road to Leominster, and 
four hundred feet distant therefrom, northerly to a point 
four hundred feet distant southerly from the intersection of 



140 Acts, 1913. — Chap. 203. 

said road to Leominster with Lancaster avenue; thence 
southeasterly in a line parallel with said Lancaster avenue 
and four hundred feet distant southwesterly therefrom to 
the most southerly corner of the house of Edward B. Saun- 
ders; thence crossing said Lancaster avenue to a point four 
hundred feet distant northerly therefrom; thence in a line 
parallel with said Lancaster avenue and four hundred feet 
distant northeasterly therefrom, northwesterly to a point 
four hundred feet distant southeasterly from Whiting street; 
thence in a line parallel with said Whiting street and four 
hundred feet distant southerly therefrom, northeasterly 
to a point four hundred feet distant easterly from the in- 
tersection of the state road to Groton with the Northfield 
road; thence in a line parallel with said Northfield road 
and four hundred feet distant northeasterly therefrom, 
northwesterly to a point four hundred feet distant north- 
westerly from the house of Charles L. Sands; thence cross- 
ing said Northfield road in a line parallel with Oak avenue 
and four hundred feet northwesterly therefrom, southwesterly 
to a point four hundred feet northerly from Highland street; 
thence in a line parallel with said Highland street and four 
hundred feet distant northerly therefrom, northwesterly to 
the intersection of Holman street with Highland street; 
thence in a straight line southwesterly to a point four hundred 
feet distant northwesterly from the intersection of Chestnut 
street with the state road to Fitchburg; thence crossing said 
state road to a point four hundred feet distant southerly 
therefrom; thence in a line parallel with said state road 
and four hundred feet distant southerly therefrom, easterly 
to a point four hundred feet distant westerly from the said 
road to Leominster; thence in a line parallel with said road 
to Leominster and four hundred feet distant westerly there- 
from, southerly to a point four hundred feet distant north- 
erly from Prospect street; thence in a line parallel with 
Prospect street and four hundred feet distant northerly 
therefrom, westerly to a point four hundred feet distant 
easterly from Lake avenue; thence in a line parallel with 
Lake avenue and four hundred feet distant easterly there- 
from, northerly, crossing Whalom road, to a point four 
hundred feet distant northwesterly from said Whalom road; 
thence in a line parallel with said Whalom road and four 
hundred feet distant northwesterly therefrom, southwesterly 
to a point four hundred feet distant northerly from Young's 



Acts, 1913. — Chap. 203. 141 

road; thence In a line parallel with said Young's road and 
four hundred feet distant northerly therefrom, westerly to a 
point four hundred feet distant northerly from Summer 
street; thence in a line parallel with said Summer street and 
four hundred feet distant northerlj^ therefrom, to the Fitch- 
burg town line; thence by the Fitchbiu-g town line southerly 
about eight hundred feet to the place of beginning, — shall 
constitute a water supply district, and are hereby made a 
body corporate by the name of Lunenburg Water Supply 
District, for the purpose of supplying themselves with water 
for the extinguishment 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 other- 
wise, 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 May take 

« . , ,1 .1 1 J.U • lands, water, 

aforesaid, may take, or acquire by purchase or otherwise, sources, etc. 
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 Lunenburg, and the water rights 
connected with any such water sources. Said district may 
also take, or acquire by purchase or otherwise, and hold, all 
lands, rights of way and other easements necessary for collect- 
ing, storing, holding, purifying and preserving the purity of 
the water and for conveying the same to any part of said 
district: provided, however, that no source of water supply Proviao. 
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 situation 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 May erect 
lands acquired and held under the provisions of -this act pipTs ."'ta' *^ 
proper dams, reservoirs, standpipes, tanks, buildings, fix- 
tures and other structures, and may make excavations, pro- 
cure and operate machinery and provide such other means 
and appliances, and do such other things as may be necessary 
for the establishment and maintenance of complete and 
effective water works; and for that purpose may construct 



142 



Acts, 1913. — Chap. 203. 



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



Damages. 



wells and reservoirs and establish pumping works, and may 
construct, lay and maintain aqueducts, conduits, pipes and 
other works under or over any land, water courses, railroads, 
railways and public or other ways, and along such ways in 
Lunenburg, in such manner as not unnecessarily to obstruct 
the same; and for the purpose of constructing, laying, main- 
taining, operating and repairing such conduits, pipes and 
other works, and for all 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; and all things done upon any 
such way shall be subject to the direction of the selectmen of 
the town of Lunenburg. 

Section 3. Said water supply district shall, within ninety 
days after the taking of any lands, water rights, water 
sources, rights of way, or other easements under the pro- 
visions 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 Lunenburg Water Supply District, and the land 
so acquired may be managed, improved and controlled by 
the board of water commissioners hereinafter provided for, 
in such manner as they shall deem for the best interest of 
said district. 

Section 4. Said district shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, water, water source, water right, right of way 
or other easement, or by any other thing done by said dis- 
trict under authority of this act. Any person or corporation 
sustaining damages as aforesaid, and failing to agree wuth the 
district as to the amount thereof, may have the same deter- 
mined in the manner provided by law in the case of land 
taken for the laying out of highways, on application at any 
time within 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 said two years; and no application for assessment of 
damages shall be made for the taking of any water, water 
right, or for any injury thereto, until the water is actually 



Acts, 1913. — Chap. 203. 143 

withdrawn or diverted by the district under authority of this 
act. Said district may by vote, from time to time, determine 
what amount or quantity of water it proposes to take under 
this act; in which case any damages caused by such taking 
shall be based upon such amount or quantity until the same 
shall be increased by vote or otherwise, and in that event 
said 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 Lunenburg 
necessary expenses and liabilities incurred under the pro- DfstHct"£fan, 
visions of this act, may issue from time to time bonds or notes "^*^' °^ ^^^^' 
to an amount not exceeding fifty thousand dollars. Bonds 
or notes issued under authority of this act shall bear on 
their face the words, Lunenburg Water Supply District Loan, 
Act of 1913; shall be payable by such annual payments, 
beginning not more than one year after their respective 
dates of issue, as will extinguish each loan within thirty 
years from the date thereof; but the amount of such annual 
payment of any loan in any year shall not be less than the 
amount of the principal of said loan payable in any sub- 
sequent year. Each authorized issue of bonds or notes shall 
constitute a separate loan. Said bonds or notes shall bear 
interest at a rate not exceeding four and one half per cent 
per annum, payable semi-annually, and shall be signed by 
the treasurer of the town and countersigned by a majority 
of the water commissioners hereinafter provided for. The 
district may sell such bonds or notes 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. The 
town of Lunenburg may, at its annual town meeting or at 
any legal meeting called for the purpose, guarantee the pay- 
ment of such bonds or notes. 

Section 6. The said district shall at the time of author- Payment of 
izing said loan or loans provide for the payment thereof in ^°^^' ■ 
accordance with section five of 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 or notes issued as aforesaid by the 
district, and to make such payments on the principal as may 
be required under the provisions of this act, shall, annually 
thereafter, without further vote, be assessed by the assessors 
of the town, in the same manner in which other taxes are 



144 



Acts, 1913. — Chap. 203. 



Assessment of 
tax. 



Proviso. 



First meeting, 
etc. 



Water com- 
missioners, 
election, 
terms, etc. 



assessed, until the debt incurred by said loan or loans is ex- 
tinguished. 

Section 7. Whenever a tax is duly voted by said district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of the town of Lunenburg, 
who shall proceed within thirty days thereafter to assess the 
same in the same manner in which town taxes are required 
by law to be assessed. The assessment shall be committed 
to the town collector, who shall collect said tax in the manner 
provided by law for the collection of town taxes, and shall 
deposit the proceeds thereof with the district treasurer for 
the use and benefit of said district. Said district may col- 
lect 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 tax shall so 
determine, and shall also fix a time for payment thereof. 

Section 8. The first meeting of said district shall be 
called on petition of ten or more legal voters therein, by a 
warrant from the selectmen of the town of Lunenburg, or 
from a justice of the peace, directed to one of the petition- 
ers, requiring 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 vot- 
ing thereon it shall take efl'ect, and the meeting may then 
proceed to act on the other articles contained in the warrant. 

Section 9. The Lunenburg Water Supply District shall, 
after the acceptance of this act as aforesaid, elect by ballot 
three persons to hold office, one until the expiration of three 
years, one until the expiration of two years, and one until 
the expiration of one year from the next succeeding annual 
district meeting, to constitute a board of water commis- 
sioners; and at every annual meeting thereafter one such 
commissioner shall be elected by ballot for the term of three 
years. All the authority granted to said district by this act, 
and not otherwise specifically provided for, shall be vested in 
said board of water commissioners, who shall be subject, 
however, to such instructions, rules and regulations as the 



Acts, 1913. — Chap. 203. 145 

district may by vote impose. Said commissioners shall ap- 
point a treasm-er 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 approved by the 
commissioners. A majority of the commissioners shall con- Quorum, 
stitute a quorum for the transaction of business. Any vacancy, 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said water 
supply district at any legal meeting called for the purpose. 
No money shall be drawn from the district treasury on 
account of the water works except upon a written order of 
said commissioners or a majority of them. 

Section 10. Said commissioners shall fix just and water rates. 
equitable prices and rates for the use of water, and shall 
prescribe the time and manner of payment. The income of 
the water works shall be applied to defraying all operating 
expenses, interest charges and payments on the principal 
as they accrue upon any bonds or notes issued under au- 
thority of this act. If there should be a net surplus remain- 
ing after providing for the aforesaid charges, it may be used 
for such new construction as the water commissioners may 
determine upon, and in case a surplus should remain after 
payment for such new construction the water rates shall be 
reduced proportionately. No money shall be expended in 
new construction by the water commissioners except from 
the net surplus aforesaid, unless the district appropriates 
and provides money therefor. Said commissioners shall 
annually, and as often as the district may require, render a 
report upon the condition of the works under their charge, 
and an account of their doings, including an account of 
receipts and expenditures. 

Section 1 1 . Said district may adopt by-laws pre- By-iaws, etc. 
scribing 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 warrant 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. Penalty for 
pollutes or diverts any water obtained or supplied under et^^wate?,' etc. 



146 



Acts, 1913. — Chap. 204. 



Certain prop- 
erty may be 
included in 
the district 
upon petition, 
etc. 



Time of 
taking effect. 



this act, or wilfully or wantonly injures any reservoir, stand- 
pipe, aqueduct, pipe or other property owned or used by said 
district for the purposes of this act, shall forfeit and pay 
to the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon con- 
viction of any of the above acts shall be punished by a fine 
not exceeding one hundred dollars or by imprisonment in 
jail for a term not exceeding six months. 

Section 13. Upon a petition in writing addressed to 
the water commissioners by any owner of real estate in 
Lunenburg abutting on the district described in section one, 
or as subsequently enlarged under the provisions of this 
section, setting forth that the petitioner desires to have 
certain accurately described parts of his real estate included 
in the district, the water commissioners shall cause a duly 
warned meeting of the district to be called, at which meet- 
ing a majority of the voters present and voting may vote 
to include in the district such petitioner's real estate as 
described in his petition. If it be so voted the clerk of the 
district shall, within ten days, file with the town clerk of 
Lunenburg an attested copy of said petition and vote, de- 
scribing precisely the real estate added to the district; and 
thereupon said petitioner's real estate as described in his 
petition shall be a part of said district and shall be holden 
under the provisions of this act in the same manner and to 
the same extent as the real estate described in section one. 

Section 14. This act shall take effect upon its accept- 
ance by a majority vote of the voters of said district de- 
scribed in section one, 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 
this act shall become void unless the said district shall 
begin to distribute water to consumers within two years 
after the date of the acceptance of the act as aforesaid. 

Approved February 28, 1913. 



Chap, 204: An Act relative to the improvement of a state high- 
way IN THE COUNTY OF DUKES COUNTY. 

Be it enacted, etc., as follows: 

Comp|etion,_ Section 1. The couuty commissioners of the county 
state highway of Dukcs Couuty are hereby authorized to issue notes or 
County!^ bonds of the county in a sum not exceeding seventy-five 



Acts, 1913. — 'Chaps. 205, 206. 147 

hundred dollars, and to apply the proceeds toward the 
completing and extension by the Massachusetts highway 
commission of the state highway from its present terminus 
in the town of Chilmark to or near the lighthouse in the town 
of Gay Head. 

Section 2. The said notes or bonds shall be payable Payment of 
as follows: — fifteen hundred dollars to be paid within one 
year after the date of the first issue, and the remaining 
six thousand dollars to be paid in such annual proportionate 
payments, beginning not later than two years after the first 
issue of such bonds or notes, as will extinguish the same 
within eight years after the date of said first 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 
county commissioners and countersigned by the treasurer 
of the county. The county commissioners shall raise an- 
nually by taxation a sum sufficient to pay the interest due 
each year, and that part of the principal due each year, until 
the whole debt is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved February 28, 1913. 

An Act relative to the employment of public school Qf^Q^y 205 

TEACHERS THROUGH THE BOARD OF EDUCATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and ninety-nine of Repeal, 
the acts of the year nineteen hundred and six, as amended 
by chapter two hundred and thirteen of the acts of the year 
nineteen hundred and seven, relating to the employment of 
public school teachers through the board of education, is 
hereby repealed. 

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

Approved February 28, 1913. 

An Act relative to the incorporation of trust com- (jfidj) 206 
panies in certain towns. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter one hundred and R- l- ^iM^s^ 
sixteen of the Revised Laws, as amended by chapter four 
hundred and eighty-seven of the acts of the year nineteen 
hundred and seven, is hereby further amended by inserting 



148 Acts, 1913. — Chaps. 207, 208. 

after the word "each", in the seventh line, the words: — 
and except also that in towns whose population is not more 
than ten thousand the capital stock may be not less than 
fifty thousand dollars, divided into shares of the par value 
of one hundred dollars each, — so as to read as follows : — 
Capital stock, SecHoTi 5. The capital stock of such corporation shall be 
TOmpanies.^ not Icss than two hundred thousand nor more than one 
million dollars, except that in a city or town whose popula- 
tion is not more than one hundred thousand the capital stock 
may be not less than one hundred thousand dollars, divided 
into shares of the par value of one hundred dollars each; 
and except also that in towns whose population is not more 
than ten thousand the capital stock may be not less than 
fifty thousand dollars, divided into shares of the par value of 
one hundred dollars each; and no business shall be trans- 
acted by the corporation until the whole amount of its 
capital stock is subscribed for and actually paid in, and no 
shares shall be issued until the par value of such shares shall 
have actually been paid in in cash. 

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

Ajyproved February 28, 1913. 

Chap. 207 An Act making an appropriation for the publication 

OF A RECORD OF MASSACHUSETTS SOLDIERS AND SAILORS 
WHO SERVED IN THE WAR OF THE REBELLION. 

Be it enacted, etc., as follows: 

Publication Section 1. The sum of twelve thousand dollars is hereby 

Massachusetts appropriated, to be paid out of the treasury of the common- 

soldiers and ,., r> .1 t j> ' 1.' 

sailors, etc. Wealth irom the ordinary revenue, tor expenses m 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 thirteen. 
Section 2. This act shall take effect upon its passage. 

Approved February 28, 1913. 

Chap. 20^ An Act to authorize the school committee of the 

CITY of BEVERLY TO APPOINT THE SCHOOL PHYSICIANS 
FOR THAT CITY, 

Be it enacted, etc., as follows: 

of'^JSJ^r^"* Section 1. So much of chapter five hundred and two 
physicians in of the acts of the year nineteen hundred and six and of acts 

the city of '' 

Beverly. 



Acts, 1913. — Chap. 209. 149 

in amendment thereof as provide that in cities the board of 
health shall appoint school physicians shall not apply to the 
city of Beverly, and the school physician or physicians in 
that city shall be appointed by the school committee. 

Section 2. This act shall take effect upon its accept- Time of taking 
ance by the city council of the citj- of Beverly, with the 
approval of the mayor. Approved February 28, 1913. 

An Act relative to special licenses of engineers and r'z,^^ OQQ 

FIREMEN. "* 

Be it enacted, etc., as follows: 

Section eighty-two of chapter one hundred and two of RL. 102.J82, 
the Revised Laws, as amended by section two of chapter 
three hundred and ten of the acts of the year nineteen hun- 
dred and five, by chapter four hundred and fourteen of the 
acts of the year nineteen hundred and six, by section two of 
chapter tliree hundred and seventy-three of the acts of the 
year nineteen hundred and seven, and by section four of 
chapter five hundred and sixty-two of the acts of the year 
nineteen hundred and eleven, is hereby fiu-ther amended 
by inserting before the words "an engine", in the last line 
of said section, the words : — or permission to operate, — 
so as to read as follows: — Section 82. Licenses shall be classes of 
granted according to the competence of the applicant and 
shall be distributed in the following classes : — Engineers' 
licenses : — First class, to have charge of and operate any 
steam plant. Second class, to have charge of and operate 
a boiler or boilers, and to have charge of and operate engines, 
no one of which shall exceed one hundred and fifty horse 
power, or to operate a first class plant under the engineer in 
direct charge of the plant. Third class, to have charge of 
and operate a boiler or boilers not exceeding in the aggregate 
one hundred and fifty horse power, and an engine not ex- 
ceeding fifty horse power, or to operate a second class plant 
under the engineer in direct charge of the plant. Fourth 
class, to have charge of and operate hoisting and portable 
engines and boilers. Portable class, to have charge of or to 
operate portable boilers and portable engines, except hoisting 
engines or steam fire engines. Steam fire engineers' class, 
to have charge of or to operate steam fire engines and boilers. 
Firemen's licenses: — Extra first class, to have charge of 
and operate any boiler or boilers. First class, to have charge 



licenses. 



150 Acts, 1913. — Chaps. 210, 211. 

of and operate any boiler or boilers where the safety valve or 
valves are set to blow at a pressure not exceeding twenty- 
five pounds to the square inch, or to operate high pressure 
boilers under the engineer or fireman in direct charge thereof. 
Second class, to operate any boiler or boilers under the en- 
gineer or fireman in direct charge thereof. A person holding 
an extra first class or first class fireman's license may operate 
a third class plant under the engineer in direct charge of the 
plant. Special licenses : — A person holding an engineer's 
or fireman's license, who desires to have charge of or to operate 
a particular steam plant, may, provided that he holds an 
engineer's or fireman's license and that he files with his 
application for such examination a written request signed 
by the owner or user of said plant, be examined as to his 
competence for such service and no other, and, if found 
competent and trustworthy, he shall be granted a license 
Proviso. for such service and no other: provided, however, that no 

special license shall be granted to give any person charge 
of or permission to operate an engine of over one hundred 
and fifty horse power. Approved February 28, 1913. 

Chap.210 An Act to provide for the reporting of deaths from 

DISEASES dangerous TO THE PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

Weekiy^reports The board of health in cities, and in towns, the board of 
certain diseases health, or, wbcrc uo sucli board is chosen, the selectmen 
state toard ° acting as a board of health, shall send to the state board 
of health every week a report of the deaths in their city or 
town, for the week ending Saturday noon, from all diseases 
declared by the state board of health to be dangerous to the 
pubUc health, upon forms to be prescribed by said state 
board. Approved February 28, 1913. 



of health. 



Chap. 211 An Act relative to special judges of probate courts. 

Be it enacted, etc., as follows: 

1908, 110 §2, Section 1. Section two of chapter one hundred and 
ten of the acts of the year nineteen hundred and eight is 
hereby amended by inserting after the word "sickness", 
at the end of the third line, the words: — absence of the 
judge from the county, — by striking out the word "or", in 
the fourth line, and by inserting after the word "interest", 
in the same line, the words: — or other legal disqualifica- 



Acts, 1913. — Chap. 212. 151 

tion, — by inserting after the word "sickness", in the 
eleventh Une, the words : — absence from the county, — 
and by inserting after the word "interest", in the same Hne, 
the words : — or other legal disqualification, — so as to read 
as follows: — Section 2. Whenever the special judge holds Compensation 
a session of the probate court or of the court of insolvency j'udgM of 
because of vacancy in the office of judge or because of the p''"''^^^ coMTt%. 
sickness, absence of the judge from the county, interest 
or other legal disqualification of the judge, he shall receive 
from the commonwealth the same compensation that a judge 
of probate and insolvency for another county would be en- 
titled to receive for the same service. The register shall Register to 

. „ , 1 i> 1 1 1 (> 1 certify number 

certify upon the records oi the court the number oi days, the of days of 
dates upon wliich, and the occasions for which the duties of 
the judge are performed by the special judge; and when the 
occasion is that of sickness, absence from the county, interest 
or other legal disqualification, or vacancy in office, he shall 
certify the same to the auditor of the commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1913. 

An Act relative to the inspection and regulation of (Jhny 212 

TENEMENT AND LODGING HOUSES IN THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. The board of health in the city of Lawrence occupation, 
may by a vote limit the number of occupants in any tene- tenemLt and 
ment or lodging house, or in any part or parts of the same, In'^LawencT^ 
and shall in such case cause a notice stating such number to 'eguiated. 
be posted conspicuously in such building and served upon 
the owner, agent or person having charge thereof. If the 
number is exceeded, the board may order the premises va- 
cated, and they shall not again be occupied until said board 
shall so permit, upon being satisfied that the vote will be 
complied with. Said board may make such further regula- 
tions as to overcrowding, ventilation and occupation of such 
houses and the cellars thereof, not inconsistent with other 
laws, as it may deem proper. 

Section 2. Every owner or agent, or person having Name of 
charge, of a tenement or lodging house in the city of Law- tJ^Crij^sted 
rence shall leave his address with the board of health, and **''• 
shall have legibly posted on the wall or in the entry of such 
tenement or lodging house the name and address of such 



152 



Acts, 1913. — Chap. 213. 



Certain 
officers to 
have free 
access, etc. 



Penalty. 



owner and of the agent or person having charge of the same; 
and service upon parties whose address is out of the city, of 
any papers or notices required by this act, or any act relating 
to the preservation of health, or by any proceedings to en- 
force any provision of any such act, shall be sufficient if 
made by sending a copy of such paper or notice through the 
mail to the address of the person so designated as owner, 
agent, or person having charge of such tenement or lodging 
house; and service on parties whose address is in the city 
may be made by leaving the copy at such address. 

Section 3. Every officer of the board of health in the 
city of Lawrence, and every officer upon whom any duty or 
authority is imposed or conferred, may have free access to 
every part of any lodging or tenement house, in the proper 
execution of the duties of his office. 

Section 4. Any person violating any provision of this 
act shall be punished by a fine not exceeding one hundred 
dollars, or by confinement in the house of correction for a 
term not exceeding sixty days. Aj^proved March 6, 1913. 



R. L. 124, § 3, 
amended. 



Societies 
claiming 
bounty to file 
certificate, 
etc. 



C/iap. 213 An Act relative to the date on or before which agri- 
cultural SOCIETIES SHALL FILE THEIR ANNUAL RETURNS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter one hundred and 
twenty-four of the Revised Laws is hereby amended by 
striking out the word "January", in the second line, and 
inserting in place thereof the word : — December, — so as 
to read as follows : — Section 3. A society which claims 
bountyshall annually,on or before the tenth day of December, 
file in the office of the secretary of the board of agriculture, 
a certificate signed by its president and treasurer, stating 
under oath the amount so contributed which it holds at in- 
terest or invested, as a capital stock; and also such other 
returns of its financial affairs as the board of agriculture may 
require, upon a blank to be furnished by the secretary of 
said board to the treasurer of said society. 

Section 2. Section seven of said chapter one hundred 
and twenty-four is hereby amended by striking out the word 
"January", in the second line, and inserting in place thereof 
the word : — December, — so as to read as follows : — Sec- 
tion 7. Every such society shall annually, on or before the 
tenth day of December, make a full return of its doings, 
signed by its president and secretary, to the secretary of the 



R. L. 124, § 7, 
amended. 



Societies to 
make annual 
returns to 
state board of 
agriculture, 
etc. 



Acts, 1913. — Chaps. 214, 215. 153 

state board of agriculture, containing a statement of all 
expenditures, of the nature of the encouragement proposed 
by the society, the objects for which its premiums have been 
offered and the persons to whom they have been awarded, 
all reports of committees and all statements of experiments 
and cultivation which are regarded by the president and 
secretary as worthy of publication, with such general obser- 
vations relative to the state of agriculture and manufactures 
in the commonwealth as it may consider useful. The return 
shall be so marked that the passages which are considered 
by such officers most worthy of public notice, study and 
application may be easily distinguished. 

Section 3. This act shall take effect beginning with the Time of 

, 1 J 1 1 i? J. taking effect. 

year mneteen hundred and fourteen. 

Ajypraved March 6, 1913. 

An Act to prohibit the throwing of glass in the nhr,^ 014 

PUBLIC HIGHWAYS. ^' 

Be it enacted, etc., as follows: 

Section 1. Whoever wilfully throws or drops glass in a Penalty for 
public street or highway may be punished by a fine of not g^ss^i'n pubUc 
more than fifty dollars, or by imprisonment for not more ^'g^^^'^y^- 
than thirty days. 

Section 2. This act shall take effect ninetv davs after Time of 
its passage. Approved March 6, "wiS. *^^°^ "^""*- 

An Act making appropriations for the salaries and Qhn^ 915 
expenses of the board of railroad commissioners. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the Railroad Commissioners' Fund, TOmmiMionCTs. 
for the salaries and expenses of the railroad commissioners, 
for the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to \\it: — 

For the salaries of the commissioners, sixteen thousand Salaries. 
dollars. 

For the salary of the clerk, three thousand dollars. *^'®'''*- 

For the salary of the assistant clerk, 'twenty-five hundred ^ig^k*^"* 
dollars. 

For additional clerical assistance, a sum not exceeding clerical 

, 1 . . p I 1 1111 assistance. 

thirty-iour hundred dollars. 

For the salary of the accountant, five thousand dollars. Accountant. 



154 



Acts, 1913. — Chap. 216 



Railroad 
inspectors. 

Experts, etc. 
Rent, etc. 
Expenses. 



Stenographers, 
etc. 

Annual report. 



Evidence at 
inquests. 



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

P'or the compensation of experts and other agents, a sum 
not exceeding twenty thousand dollars. 

For rent, care of office and salary of a messenger, a sum 
not exceeding sixty-seven hundred dollars. 

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

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

For printing and binding the annual report, a sum not ex- 
ceeding nine thousand dollars. 

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

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

Ajjproved March 6, 1913. 

C hap, 21Q An Act making appropriations for the salaries and 

EXPENSES OF THE BOARD OF PRISON COMMISSIONERS AND 
FOR SUNDRY REFORMATORY 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 board of prison com- 
missioners, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit : — 

For the salary of the chairman, four thousand dollars. 

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

For clerical assistance, a sum not exceeding fifty-one 
hundred dollars. 

For the salaries of agents, fifty-two hundred dollars. 

For travelling expenses, a sum not exceeding three thou- 
sand dollars. 

For incidental and contingent expenses, including printing 
and binding the annual report, a sum not exceeding twenty- 
eight hundred dollars. 

For assistance to prisoners discharged from the state 
prison, Massachusetts reformatory, or prison camp and 
hospital, and to discharged female prisoners, a sum not ex- 
ceeding twelve thousand dollars. 



Appropria- 
tions, prison 
commissioners. 



Chairman. 
Secretary. 



Clerical 
assistance. 

Agents. 

Travelling 
expenses. 



Incidental 

expenses, etc. 



Assistance to 

discharged 

prisoners. 



Acts, 1913. — Chap. 217. 155 

For the salary of the agent for aiding discharged female ^.^''°* f'''" . 

■ ^ 1111 discnargea 

prisoners, one thousand dollars. female 

For expenses incurred in removing prisoners to and from Removri of 

state and county prisons, a sum not exceeding twenty-one p^soi^ers. 

hundred dollars. 

For expenses in connection with the identification of of crimfnaia" 

criminals, a sum not exceeding seventeen hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Ajjjjwved March 6, 1913. 



An Act to authorize the city of taunton to expend Qhart 217 

MONEY FOR WATER WORKS PURPOSES OUTSIDE THE DEBT 
LIMIT. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton, for the purposes men- Taunton 
tioned in chapter two hundred and seventeen of the acts of ActoMgfs!' 
the year eighteen hundred and seventy-five and acts in 
addition thereto, may issue from time to time bonds, notes 
or scrip to an amount not exceeding one hundred thousand 
dollars, in addition to the amounts heretofore authorized to 
be issued by the said city for water works purposes, and the 
same shall not be reckoned in determining the statutory limit 
of indebtedness of the city. Such bonds, notes or scrip shall 
bear on their face the words, Taunton Water Loan, Act of 
1913; shall be payable at the expiration of periods not ex- 
ceeding thirty 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 
of the city and countersigned by the mayor. The city 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. No part of the proceeds 
of the sale of said bonds, notes or scrip shall be used in pay- 
ment of running expenses. 

Section 2. The city shall, at the time of authorizing the Payment of 
said loan, provide for the payment thereof in such annual °*°" 
proportionate payments, beginning not more than one year 
after the date of each respective issue of such bonds, notes or 
scrip, as mil extinguish the same within the time prescribed 
by this act, but the amount of such annual payment of any 
loan in any year shall not be less than the amount of the 
principal of said loan payable in any subsequent year; and 



156 



Acts, 1913. — Chaps. 218, 219. 



when a vote to this 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 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 the city in 
each year thereafter, in the same manner in which other 
taxes are assessed, until the debt incurred by said loan is 
extinguished. 
Section 3. This act shall take effect upon its passage. 

Apjjroved March 6, 1913. 



Chap. 21S An Act to authorize the town of medway to sell 

WATER FOR USE IN ADJACENT TOWNS. 

Be it enacted, etc., as follows: 

Section 1. The town of Medway may furnish and sell 
water to any adjoining town, or to any person or corporation 
therein, for domestic or other use, upon such terms as may 
be agreed upon; but any work done in any public street of 
such adjoining town shall be done with the least possible 
hindrance to public travel and shall be subject to the direc- 
tion and approval of the selectmen of such adjoining town. 

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

Approved March 6, 1913. 



The town of 
Medway may 
sell water to 
adjoining 
towns. 



C/iap.219 An Act to authorize the city of Worcester to provide 

FOR THE SUPPORT OF THE CHILDREN OF MARK DALEY. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized 
to pay the sum of five hundred dollars for the support of the 
children of Mark Daley, who was run over by a fire engine 
in said city on the tenth day of January, nineteen hundred 
and twelve, and received injuries from which he died. The 
payment hereby authorized shall be made in trust to such 
person or institution as may be designated by the mayor of 
the city. 

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

Approved March 6, 1913. 



City of 
Worcester 
may pay a 
sum of money 
for support of 
children of 
Mark Daley. 



ACTS; 1913. — Chaps. 220, 221, 222. 157 



An Act to authorize the trustees of a fund for the Chav -220 
SUPPORT of a congregational gospel minister in the 

SOUTH parish in BRIDGEWATER in the county of PLYM- 
OUTH to HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-seven of the acts of the year 1802,47, §4, 
eighteen hundred and two is hereby amended by striking '^™*^^ 
out section four, and inserting in place thereof the follow- 
ing: — Section 4- Said trustees are hereby authorized to May hold 
hold, as aforesaid, real or personal estate to the value of one ^s^nai 
hundred thousand dollars; and no part of the capital of said ^^^^^^' ^^''' 
fund shall ever be expended. 

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

Approved March 6, 1913. 



An Act making an appropriation for the maintenance fhfjj. 001 

of the MASSACHUSETTS REFORMATORY. ^' 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding two hundred thirty- Massachusetts 
seven thousand nine hundred dollars is hereby appropriated, ma°iLTenance. 
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 thirteen. 

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

Approved March 6, 1913. 

An Act making an appropriation for the maintenance nhn^^ 222 

OF THE PRISON CAMP AND HOSPITAL. ^' 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifty-one thousand five prison camp 
hundred dollars is hereby appropriated, to be paid out of the m^ntenanci'. 
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, nine- 
teen hundred and thirteen. 

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

Approved March 6, 1913. 



158 



Acts, 1913. — Chaps. 223, 224, 225. 



Chap. 223 An Act relative to the law of the road. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter fifty-four of the Revised Laws, en- 
titled "Of the Law of the Road", is hereby amended by 
adding at the end thereof the following new section, to be 
numbered five : — Section 5. For the purposes of this act 
and in construing rules, by-laws and regulations concerning 
the use and operation of vehicles on the streets and ways in 
this commonwealth, street railway cars or other cars moving 
upon rails shall not be considered to be vehicles unless it is 
otherwise expressly so provided. 

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

Approved March 6, 1913. 



R. L. 54, 
amended. 



Term 

"vehicles" 

construed. 



Chav.224: An Act to change the name of the Massachusetts 

nautical training school. 



Name 
changed. 



Be it enacted, etc., as follows: 

Section 1. The Massachusetts nautical training school 
shall hereafter be designated and known as the Massachusetts 
nautical school. 

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

Approved March 6, 1913. 



1910, 422, § 1, 
amended. 



Chap. 22b An Act relative to the expenses of the art com- 
mission FOR the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
twenty-two of the acts of the year nineteen hundred and ten 
is hereby amended by inserting after the word "compensa- 
tion", in the ninth line, the words: — but shall be allowed 
such necessary expenses as may be approved by the governor 
and council, not exceeding the sum of one hundred dollars, — 
so as to read as follows: — Section 1. An art commission for 
the commonwealth is hereby established, to consist of five 
citizens of the commonwealth, to be appointed by the gov- 
ernor with the advice and consent of the council, to hold office 
for the term of five years from the date of their commission. 
Any vacancy occurring in the membership of the commission 
may be filled for the unexpired term in the same manner in 
which the original appointment was made. The commission 



Art com- 
mission, 
appointment, 
terms, etc. 



Vacancy. 



Expenses, etc. 



Acts, 1913. — Chaps. 226, 227. 159 

shall serve without compensation, but shall be allowed such 
necessary expenses as may be approved by the governor and 
council, not exceeding the sum of one hundred dollars, and 
shall have power to adopt its own rules and to elect such 
officers from its own members as may be deemed proper. 
Section 2. This act shall take effect upon its passage. 

Approved March 6, 1913. 

An Act relative to the abatement of uncollectible m oo^ 

TAXES. C/mp.226 

Be it enacted, etc., as folloivs: 

Section 1. Section eighty-three of Part I of chapter 1909,490, 
foiu- hundred and ninety of the acts of the year nineteen rmended.^^' 
hundred and nine is hereby amended by inserting after the 
word "assessors", in the eighth Une, the words: — shall act 
upon such notification within thirty days after its receipt 
and, — so as to read as follows : — Section 83. If a collector Abatement of 
is satisfied that a poll tax or tax upon personal property, or iJ^efetc.*''^ 
any portion of said tax, committed to him or to any of his 
predecessors in office for collection, cannot be collected by 
reason of the death, absence, poverty, insolvency, bank- 
ruptcy or other inability of the person assessed to pay, he 
shall jiotify the assessors thereof in writing, under oath, 
stating the reason why such tax cannot be collected. The 
assessors shall act upon such notification within thirty days 
after its receipt and, after due inquiry, may abate such tax 
or any part thereof, and shall certify such abatement in 
writing to the collector; and said certificate shall discharge 
the collector from further obligation to collect the tax so 
abated. But no poll tax shall be abated, under the provisions Pou tax not 
of this section, within the calendar year in which it is assessed. [„ year'^of '''* 

Section 2. This act shall take effect upon its passage, ^^^e^^'^^'^*- 

Approved March 6, 1913. 

An Act relative to clerical assistance for the reg- pi c^c^^ 

ISTRY OF PROBATE AND INSOLVENCY FOR THE COUNTY OF ^' 
NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency for clerical 
the county of Norfolk, from and after the first day of Jan- register o*f *** 
uary in the year nineteen hundred and thirteen, shall be fn^'lvenc"'^ 



160 



Acts, 1913. — Chap. 228. 



38, 



R. L. 173, 
etc., amended 



Proceedings 
in case of 
detentioij, etc., 
of property 
by public 
warehousemen, 
etc. 



Norfolk allowed, in addition ■ to the amount now allowed by law, a 

sum not exceeding eight hundred dollars annually for clerical 
assistance actually performed, to be paid out of 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 March 6, 1913. 

Chap. 228 An Act relative to goods stored with public ware- 
housemen AND OTHER DEPOSITARIES OR DEPOSITED WITH 
PLEDGEES AS SECURITY FOR LOANS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy- three of 
the Revised Laws, as amended by chapter two hundred and 
twenty-seven of the acts of the year nineteen hundred and 
nine, is hereby further amended by striking out section 
thirty-eight and inserting in place thereof the following: — 
Section 38. Whenever two or more persons claim any interest 
in property, or the proceeds or value of, or damages for the 
taking, detention or conversion of any property which is or 
has theretofore been deposited with any public warehouse- 
man, or other depositary for hire, or with any pledgee as 
security for a loan, such bailee or pledgee may, either in any 
action against him for the recovery of said property, or for 
such proceeds, value, or damages, or as an original suit 
brought in the police, district or municipal court or before the 
trial justice within whose judicial district such property is 
situated or was last held by such bailee or pledgee, file a 
petition stating the names and residences of all known claim- 
ants, after such notice as the court may order upon said 
petition to all such claimants, and within such time after the 
return of such order of notice as the court shall allow, such 
claimant or claimants shall file in said court a statement in 
writing of their several claims, and if no such claim is so filed 
the claimant or claimants may be defaulted. The court 
shall hear and determine the rights and interests of the re- 
spective parties in and to such property, proceeds, value or 
damages, and shall enter judgment accordingly, and upon 
such final judgment may order such return or delivery of 
the property, and may award such execution or executions 
for damages or costs or both for or against the respective 
parties to such proceeding as justice may require. Failure 
to comply with any such order for the return or delivery of 



Acts, 1913. — Chap. 229. 161 

such property may be dealt with as the court may direct. 
The goods may remain in the custody of the bailee or pledgee 
until the final judgment, and shall then be delivered in 
accordance with the order of the court. If the petition herein 
provided for be filed in an action of replevin, any order for 
the return of the property replevied, or any part thereof, may 
be for the return of such property to such party to said pro- 
ceedings as may be adjudged to be entitled to the possession 
thereof; and if the order be not complied with, the bond in 
such case may, by leave of said court, be put in suit, in the 
name of the obligee therein, but for the benefit of the party 
or parties entitled to said property, and in such suit the court 
may award judgment and execution in accordance with the 
respective interests of the parties thereto. 

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

Approved March 6, 1913. 

An Act to authorize the town of medway to borroav Chav. 229 

MONEY to restore CEMETERY TRUST FUNDS. 

Be it enacted, etc., as follows: 

Section 1. The town of Medway, for the purpose of re- Town of 
storing certain trust funds received for the care of cemetery boTr^ m™nJy 
lots and grounds by the town and subsequently expended by ^mlt^y trust 
it for general exjjenses, is hereby authorized to borrow a sum ^""^^s- ^tc. 
not exceeding three thousand dollars, and to issue therefor 
five notes of six hundred dollars each. The notes shall be 
payable one each year, beginning not more than one year 
after the date of issue, so that the whole indebtedness hereby 
authorized shall be paid within five years from the date of 
issue of the first note. Said notes shall bear interest at a 
rate not exceeding five per cent per annum, payable semi- 
annually, and the amount required to pay the interest and 
the principal maturing each year shall be raised by taxation, 
and shall, without further action by the town, be assessed 
annually by the assessors in the same manner in which other 
taxes are assessed, until the debt is extinguished. 

Section 2. The treasurer of the town of Medway, with ^^^"J^^ 
the approval of the selectmen, is hereby authorized, without 
further vote of the town, to incur indebtedness under the 
provisions of this act for which the town shall be liable, and 
to issue notes of the town therefor in accordance with law. 

Section 3. This act shall take effect upon its passage. 

Approved March 6, 1913. 



162 



Acts, 1913. — Chaps. 230, 231. 



Chap. 2^0 An Act to authorize the sale of real estate owned 

BY the west parish SOCIETY OF SALISBURY. 

Be it enacted, etc., as jolloios: 

Section 1. The West Parish Society of Salisbury, now 
included in the town of Amesbury, is hereby authorized to 
sell at pubhc or private sale, in whole or in part, and to con- 
vey, the parsonage land, together with the buildings thereon, 
situated in Elm street in Amesbury. 

Section 2. A deed conveying the parcel of land above 
described and the buildings thereon may be executed and 
delivered by any person or persons authorized thereto by the 
said parish, and the purchaser shall hold the estate free from 
any trust and without any obligation to see to the application 
of the purchase money. The proceeds of the sale shall be 
devoted to the legitimate purposes of the parish and to no 
other purpose. 

Section 3. This act shall take effect upon its passage. 

Ay'proved March 6, 1913. 



The West 
Parish Society 
of Salisbury 
may sell, etc., 
certain 
property. 



Conveyance, 
etc. 



C/iap. 231 An Act making appropriations for the expenses of 
the board of free public library commissioners. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, for the free public library com- 
missioners, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, to wit : — 

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 ex- 
ceeding three hundred and fifty dollars. 

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

Approved March 6, 1913. 



Appropria- 
tions, free 
public library 
commissionera. 



Agent, salary. 



Establishment, 
etc., of free 
public libraries. 



Clerical 
assistance, etc. 

Annual report. 



Acts, 1913. — Chap. 232. 163 



An Act making appropriations for the maintenance (jfi^rf 232 
OF vocational agricultural departments in cer- 
tain HIGH SCHOOLS. 

Be it enacted, etc., as follows: 

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



voca- 



priated, to be paid out of the treasury of the commonwealth llCnai 
from the ordinary revenue, for meeting the commonwealth's dlpanmenL 
proportion of the cost of maintaining vocational agricultural in tigh schools. 
departments in the high schools of certain towns for the 
period prior to December first, nineteen hundred and twelve, 
under the authority of sections eight, nine and ten of chapter 
four hundred and seventy-one of the acts of the year nineteen 
hundred and eleven, to wit : — 

To the town of Petersham, the sum of eight hundred Petersham, 
eighty-two dollars and fifty cents. 

To the town of Iladley, the sum of six hundred forty-six Hadiey. 
dollars and sixty-seven cents. 

To the town of Northborough, the sum of seven hundred Northborough. 
seventy-five dollars. 

To the town of Harwich, the sum of five hundred thirt}'- Harwich, 
three dollare and thirty cents. 

To the town of Easton, the sum of four hundred dollars. Easton. 

For one half the tuition of pupils attending the vocational Tuition, 
agricultural department at Petersham, prior to December 
first, nineteen hundred and twelve, due the following towns, 
to wit: — 

To the town of Dana, the sum of one hundred ten dollars. Dana. 

To the town of New Salem, the sum of fifteen dollars. New Saiem. 

To the town of Phillipston, the sum of twenty-two dollars Phiiiipaton. 
and fifty cents. 

To the city of Springfield, the sum of twenty dollars; Springfield. 

For one half the tuition of pupils attending the vocational 
agricultural department at Hadiey, prior to December first, 
nineteen hundred and twelve, due the following town, to 
wit: — 

To the town of Amherst, the sum of twenty dollars. Amherst. 

For one half the tuition of pupils attending the vocational 
agricultural department at Northborough, prior to December 
first, nineteen hundred and twelve, due the following towns, 
to wit: — 

To the town of Southborough, the sum of fifteen dollars. South- 

To the town of Westborough, the sum of one hundred wTtborough 
dollars. 



164 



Acts, 1913. — Chap. 233. 



Berlin. 
Shrewsbury. 



Brewster. 



Chatham. 
Truro. 



To the town of Berlin, the sum of fifty dollars. 

To the town of Shrewsbury, the sum of fifty dollars. 

For one half the tuition of pupils attending the vocational 
agricultural department at Harwich, prior to December first, 
nineteen hundred and twelve, due the following towns, to 
wit: — 

To the town of Brewster, the sum of twenty-seven dollars 
and seventy-eight cents. 

To the town of Chatham, the sum of fifty dollars. 

To the town of Truro, the sum of eleven dollars and eleven 
cents. 

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

Aijyroved March 6, 1913. 



Appropria- 
tions, inde- 
pendent 
industrial 
schools. 



C/ia7>. 233 An Act making appropriations for the maintenance 
OF certain independent industrial schools for the 

PERIOD PREVIOUS TO DECEMBER FIRST, NINETEEN HUN- 
DRED AND TWELVE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasiu-y 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 first, 
nineteen hundred and twelve, 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 two thousand six hun- 
dred forty-two dollars and thirty-seven cents. 

To. the city of Boston, the sum of twenty-three thousand 
two hundred two dollars and fifteen cents. 

To the city of Cambridge, the sum of one thousand seventy- 
five dollars and forty-four cents. 

To the city of Chicopee, the sum of one thousand five hun- 
dred nineteen dollars and eighty-six cents. 

To the city of Everett, the sum of two thousand three 
hundred twenty-one dollars and eighty cents. 

To the city of Holyoke, the sum of nine hundred ninety- 
seven dollars and eighty-seven cents. 

To the city of Lawrence, for the period between July one, 
nineteen hundred and eleven, and November five, nineteen 



Beverly. 

Boston. 

Cambridge. 

Chicopee. 

Everett. 

Holyoke. 

Lawrence. 



Acts, 1913. — Chap. 234. 165 

hundred and eleven, the sum of one thousand nine hundred 
twenty-five dollars and fifty-seven cents. 

To the city of Lawrence, for the period between November Lawrence, 
six, nineteen hundred and eleven, and November thirty, nine- 
teen hundred and twelve, the sum of seven thousand four 
hundred ninety-four dollars and eighty-seven cents. 

To the city of Lowell, the sum of eleven thousand two Loweii. 
hundred seventy-five dollars and twenty-seven cents. 

To the city of New Bedford, the sum of fourteen thou- New Bedford, 
sand seven hundred eleven dollars and sixty-two cents. 

To the city of Newton, the sum of five thousand three Newton, 
hundred fifty-nine dollars and sixty-nine cents. 

To the town of North Attleborough, the sum of five hun- North 
dred fifty-three dollars and twenty-eight cents. ^ _ Attleborough. 

To the city of Quincy, the sum of two hundred ninet}'-six Quincy. 
dollars and eighty-three cents. 

To the city of Somerville, the sum of seven thousand four SomerviUe. 
dollars and eighty-seven cents. 

To the city of Springfield, the sum of six thousand one Springfield. 
hundred forty dollars and twelve cents. 

To the city of Taunton, the sum of three hundred thirty- Taunton. 
nine dollars and seventy cents. 

To the town of Watertown, the sum of ninety-eight watertown. 
dollars and fifty-three cents. 

To the town of Westfield, the sum of two thousand three Westfieid. 
hundred eight dollars and sixty-five cents. 

To the city of Worcester, tlie sum of twenty-six thousand Worcester. 
four hundred ninety-two dollars and ninety-two cents. 

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

Approved March 6, 1913. 



An Act to authorize the city of boston to pay a (JJiap,23A 

SUM OF MONEY TO CHARLES E. TURNER. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston, by vote of the city coun- city of Boston 
cil, approved by the mayor, is hereby authorized to pay a ^?,^^fLoney 
sum not exceeding three thousand dollars to Charles E. ^^^^^g^^^'®^^- 
Turner who was permanently injured while in the per- 
formance of his duties as an employee of the ferry depart- 
ment of the city. 

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

Approved March 6, 1913. 



166 



Acts, 1913. — Chaps. 235, 236. 



1907, 576, § 32, 
amended. 



Insurance 
against loss 
by breakage 
of sprinklers, 
etc. 



Chap.2S5 An Act relative to sprinkler leakage and water 

DAMAGE INSURANCE. 

Be it enacted, etc., as follows: 

Chapter five hundred and seventy-six of the acts of the 
year nineteen hundred and seven is hereby amended by 
striking out clause Seventh of section thirty-two, and in- 
serting in place thereof the following: — Seventh. To insure 
against loss or damage to any goods or premises of the 
assured, and loss or damage to the property of another for 
which the assured is liable, caused by the breakage or leakage 
of sprinklers, pumps, water pipes, elevator tanks and cylin- 
ders, steam pipes and radiators, or plumbing and its fixtures, 
or against accidental injury from other causes than fire, light- 
ning, bombardment, or windstorm to such sprinklers, pumps, 
water pipes, elevator tanks and cylinders, steam pipes and 
radiators, plumbing and fixtures; also to insm-e against loss 
or damage to any goods or premises of the assured and 
loss or damage to the property of another for which the 
assured is liable, caused by the leakage of roofs, leaders and 
spouting, or by rain and snow driven through broken and 
open windows and skylights, or caused by the contents of 
any tank, or impact of any falling tank, tank platform or 
supports erected in or upon any building. 

Ayyroved March 6, 1913. 



Report to be 
made of 
injuries, etc., 
found on 
persons 
arrested. 



C/iap. 236 An Act to provide for reports of injuries of per- 
sons ARRESTED. 

Be it enacted, etc., as follows: 

Section 1. Whenever a person is arrested for a crim- 
inal offence and is taken to or confined in a jail, police station, 
lockup or other place, the officer in charge thereof shall 
immediately examine the prisoner, and if he finds any bruises, 
cuts or other injuries shall forthwith make a written report 
thereof to the chief of police of the city or town concerned, 
except that in Boston the report shall be made to the police 
commissioner, and in towns where there is no chief of police 
the report shall be made to the selectmen. 

Section 2. Failure to comply with the provisions of this 
act shall be punished by a fine of not more than ten dollars 
for each offence. Approved March 6, 1913. 



Penalty. 



Acts, 1913. — Chaps. 237, 238. 167 



An Act relative to distraint of property. Chap.237 

Be it enacted, etc., as folloivs: 

Section 1 . Section thirty-two of Part II of chapter four looo, 400, 
hundred and ninety of the acts of the year nineteen hundred am'il'nded. "" 
and nine is hereby amended by striking out the word "the", 
in the fifth Hne, before the word " city ", and inserting in place 
thereof the word: — -any, — and by striking out the words 
"for which he is the collector", in the fifth and sixth lines, 
so as to read as follows : — Section 32. If a tax assessed upon Warrant of 

• ^ p p j_ 1 Pi ^ 1 collector for 

a person remains unpaid tor lourteen days alter demand distraint of 
therefor, the collector may issue his warrant to the sheriffs of i""°^*''*^*'' '^**- 
the several counties, or their deputies, or to any constable 
or deputy collector of taxes of any city or town, directing 
them and each of them to distrain the property or take the 
body of the person assessed and to proceed as required of 
collectors in like cases; but a collector of taxes who issues a 
warrant for the arrest of a person for non-payment of 
taxes, or the officer to whom he commits the warrant, may 
at his discretion, after the service of the warrant, allow such 
person to go free for a period not exceeding fourteen days 
after said service, at which time, if said person does not pay 
his tax with all fees and charges due thereon, including one 
dollar for service of said warrant and five cents for each mile 
travelled by said officer in the performance of said collection, 
the said officer shall then arrest the said person on the afore- 
said warrant, and commit him to the jail of that county. 
The warrant shall run throughout the commonwealth, and 
any officer to whom it is directed may serve it and apprehend 
the person in any county. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1913. 

An Act making appropriations for the Massachusetts (JJidj) 238 

COMMISSION FOR THE BLIND. 

Be it enacted, etc., as follotcs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the commonwealth aachusettf 
from the ordinary revenue, for the salaries and expenses of ^™the^bUnd. 
the Massachusetts commission for the blind, for the fiscal 
year ending on the thirtieth' day of November, nineteen 
hundred and thirteen, to wit : — 



168 



Acts, 1913. — Chaps. 239, 240. 



Maintenance 
of industries. 



General 
administra- 
tion, expenses, 
etc. 



For the maintenance of industries under the control of 
the commission, a sum not exceeding twenty-five thousand 
dollars. 

For general administration, furnishing information, in- 
dustrial and educational aid, and for other expenses in carry- 
ing out the provisions of the act establishing the commission, 
a sum not exceeding forty thousand dollars. 

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

Approved March 8, 1913. 



Chap. 239 An Act to authorize the county of Bristol to pay a 

SUM of money to the widow of JOHN J. McDONOUGH. 

Be it enacted, etc., as follows: 

Section 1. The county of Bristol is hereby authorized 
to pay to Ehzabeth F. McDonough, widow of John J. Mc- 
Donough late justice of the second district court of Bristol, 
who died on the fourth day of April in the year nineteen 
hundred and twelve, a sum of money equal to the salary to 
which he would have been entitled had he lived until the 
first day of January in the year nineteen hundred and thir- 
teen. 

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

Approved March 8, 1913. 



County of 
Bristol may 
pay a sum of 
money to 
Elizabeth F. 
McDonough. 



1912, 260 
amended. 



Chap. 24:0 An Act to provide for the encouragement of agri- 
culture BY THE GRANTING OF BOUNTIES TO AGRICUL- 
TURAL SOCIETIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and sixty of the acts 
of the year nineteen hundred and twelve is hereby amended 
by striking out the words "animals, farm crops, fruits and 
vegetables grown by the exhibitor and for excellence in stock 
judging", in the tenth, eleventh and twelfth lines, and in- 
serting in place thereof the words :^ — ^ the encouragement of 
horticulture, agriculture and domestic manufactures, subject 
to the discretion of each society drawing bounty, — by strik- 
ing out the word "for", at the end of the twelfth fine, and 
inserting in place thereof the word : — in, — so as to read 
as follows : — Every incorporated agricultural society which 
is entitled to receive a bounty under section one of chapter 
one hundred and twenty-foiu- of the Revised Laws, as 
amended by chapter one hundred and thirty-three of the 



Bounties for 
encourage- 
ment of 
agriculture, 
etc. 



Acts, 1913. — Chaps. 241, 242. 169 

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 piu*- 
poses: — two hundred dollars to be distributed in premiums 
to children and youths under eighteen years of age for the 
encouragement of horticulture, agriculture and domestic 
manufactures, subject to the discretion of each society draw- 
ing boimty; and two hundred dollars in general premiums; 
but no society shall receive a larger sum in addition to the 
bounty to wliich 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. 

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

Approved March 8, 1913. 



Chap.24:l 



An Act relative to the appropriation of revenues 

ACCRUING to the CITY OF LOWELL ON ACCOUNT OF 
PUBLIC BURIAL GROUNDS. 

Be it enacted, etc., as follows: 

Section 1. All revenues and all moneys accruing to the The Public 
city of Lowell on account of public burial grounds shall. Grounds Fund 
when collected or paid into the city treasury, constitute a established. 
separate fund to be known as The Public Burial Grounds 
Fund, and all such revenues and moneys shall be appro- 
priated exclusively to the use of public bm-ial grounds. 

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 8, 1913. 

An Act making appropriations for the salaries and Phnq) 242 

EXPENSES of the DISTRICT POLICE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- App'opria-. 
priated, to be paid out of the treasury of the commonwealth poHc4.'^'^*"''*' 
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 thirteen, to wit: — 



170 



Acts, 1913. — Chap. 242. 



Chief. 
First clerk. 
Second clerk. 
Stenographer. 



Expenses, etc. 



For the salary of the chief, three thousand dollars. 

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

For the salary of the second clerk, one thousand dollars. 

For the salary of a stenographer in the department of the 
chief, a sum not exceeding nine hundred and seventy-five 
dollars. 

For postage, printing, stationery, telephone, telegraph, 
incidental and contingent office expenses, including printing 
and binding the annual report, a sum not exceeding eighty- 
five hundred dollars. 



Deputy chief, 

detective 
department. 

Clerk. 

Stenographers. 



Members, 
compensation. 

Fire 
inspectors. 

Travelling 
expenses. 

Special 
services, etc. 



DETECTIVE DEPARTMENT. 

For the salary of the deputy chief, twenty-four hundred 
dollars. 

For the salary of the clerk, twelve hundred dollars. 

For the salaries of the stenographers, thirty-four hundred 
dollars. 

For compensation of the members, a sum not exceeding 
twenty-two thousand eight hundred dollars. 

For compensation of fire inspectors, fifteen thousand three 
hundred dollars. 

For travelling expenses of the members, a sum not exceed- 
ing thirteen thousand five hundred dollars. 

For special services and expenses of persons employed under 
the direction of the deputy chief of the detective department 
in the investigation of fires, including witness fees, travel, 
contingent and incidental expenses, a sum not exceeding 
twenty-five hundred dollars. 



Deputy chief, 

inspection 

department. 

Stenographers. 



Clerks. 



Members, 
compensation. 

Travelling 
expenses. 

Board of 
boiler rules, 
compensation. 



INSPECTION DEPARTMENT. 

For the salary of the deputy chief, twenty-four hundred 
dollars. 

For the salaries of two stenographers in the inspection de- 
partment, a sum not exceeding fifteen hundred and fifty 
dollars. 

For the salaries of the clerks, fifty-six hundred and fifty 
dollars. 

For the compensation of the members, a sum not exceeding 
seventy-four thousand two hundred and fifty dollars. 

For travelling expenses of the members, a sum not exceed- 
ing twenty-two thousand dollars. 

For compensation of the board of boiler rules, a sum not 
exceeding one thousand dollars. 



Acts, 1913. — Chaps. 243, 244. 171 

For expenses of the board of boiler rules, a sum not ex- Expenses, 
ceeding one thousand dollars. 

For expenses of operating the steamer Lexington, used in steamer 
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 Maintenance 

i-.p • •. !• li?i''i'Of certain 

applicants tor movnig pictm-e licenses, and lor lurnishing apparatus, etc 
supplies to operate the same, a sum not exceeding six hun- 
dred dollars. 

For investigation work and apparatus, and for maintenance investigation 
in the boiler inspection department, a sum not exceeding one ^""^ ' ^ °' 
thousand dollars. 

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

Approved March 8, 1013. 

An Act making appropriations for the maintenance nhnr) 24S 
OF the reformatory for women. 

Be it enacted, etc., as follows: 

Section 1. The following sums are hereby appropri- ^r w^fe^""^ 
ated, to be paid out of the treasury of the commonwealth maintenance. 
from the ordinary revenue, to wit: — For the maintenance 
of the reformatory for women, for the fiscal year ending 
on the tliirtieth day of November, nineteen hundred and 
thirteen, a sum not exceeding sixt}'-four thousand and four 
hundred dollars. 

For the town of Framingham, toward the annual expense sewage 
of maintaining the system of sewage disposal at said re- "^p"^*- 
formatory, the sum of six hundred dollars. 

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

Approved March 8, 1913. 

An Act making an appropriation for the maintenance (7/iar>.244 

OF THE STATE PRISON. 

Be it enacted, etc., as Jollotvs: 

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

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

Approved March 8, 1913. 



maintenance. 



172 



Acts, 1913. — Chaps. 245, 246. 



1906, 408, § 3, 
etc., amended. 



Chap. 24:5 An Act relative to the time for the bringing of 

SUITS TO RECOVER ON CERTAIN BONDS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter four hundred and 
eight of the acts of the year nineteen hundred and six, as 
amended by section two of chapter two hundred and eighty- 
seven of the acts of the year nineteen hundred and nine, and 
by chapter four hundred and fifty of the acts of the year 
nineteen hundred and nine, is hereby fiu-ther amended by 
striking out the words "at any time within one year after 
the breach of such bond", at the end thereof, so as to read 
as follows : — Section 3. Suit to recover on a bond re- 
quired to be filed under the provisions of this act, or of any 
acts in amendment thereof or in addition thereto, may be 
brought by or upon the relation of any party aggrieved, in a 
court of competent jurisdiction. 

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

Approved March 8, 1913. 



Suit to recover 
ou bond, etc. 



Chap. 24:Q An Act relative to public administrators. 

Be it enacted, etc., as follows: 



R. L. 138, § I, 
etc., amended. 



Public admin- 
isfratora, 
appointment, 
term, etc. 



Section 1. Section one of chapter one hundred and 
thirty-eight of the Revised Laws, as amended by section one 
of chapter five hundred and ten of the acts of the year nine- 
teen hundred and eight, is hereby further amended by adding 
at the end thereof the words: — but they shall complete, as 
soon as they lawfully may, the administration of estates in 
their hands of which the administration is not complete at 
the date of the expiration of their terms, — so as to read as 
follows: — Section 1. There shall be in each county one or 
more public administrators, not exceeding five in any county, 
appointed by the governor with the advice and consent of 
the council, who shall hold office for the term of five years 
from the time of their appointment, but they shall com- 
plete, as soon as they lawfully may, the administration of 
estates in their hands of which the administration is not 
complete at the date of the expiration of their terms. 

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

Approved March 8, 1913. 



Acts, 1913. — Chaps. 247, 248. 173 



An Act relative to the admission of foreign mutual Chap.2'i7 

FIRE insurance COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. The paragraph designated "Second" of sec- i907, 576, § 84, 
tion eighty-four of chapter five hundred and seventy-six of *™^° 
the acts of the year nineteen hundred and seven is hereby 
amended by striking out the whole of said paragraph and 
inserting in place thereof the following: — Second. It has Proof of 
satisfied the insurance commissioner that (1) it is fully and aJfdcapS 
legally organized under the laws of its state or government ^^' 
to do the business it proposes to transact; that (2) it has, if 
a stock company, a fully paid-up and unimpaired capital, 
exclusive of stockholders' obligations of anj^ description, of 
an amount not less than is required of similar companies 
formed under the provisions of this act; that (3) it has if a 
mutual company, other than life, (a) net cash assets equal 
to the capital required of like companies on the stock plan; 
or (b) net cash assets of not less than fifty thousand dollars 
and contingent assets of not less than three hundred thousand 
dollars, or (c) net cash assets of not less than seventy-five 
thousand dollars with contingent assets of not less than one 
hundred and fifty thousand dollars, or (d) net cash assets 
equal to its total liabilities and contingent assets of not 
less than one hundred thousand dollars ; (4) that such capital 
and assets, other than contingent, are well invested and im- 
mediately available for the payment of losses in this common- 
wealth; and (5) that it insures on any single hazard an 
amount no larger than one tenth of its net assets. 

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

Approved March 8, 1913. 

An Act relative to the accounts of executors and rihnrt 048 

ADMINISTRATORS. 

Be it enacted, etc., as folloivs: 

Chapter one hundred and fifty of the Revised Laws is r. l. 150, § 6, 
hereby amended by striking out section six and inserting in a^^e^^^ed. 
place thereof the following : — Section 6. If real property of income 
a deceased person is used, occupied, or taken charge of by an r^i propert^ 
executor or administrator, he shall account for the income ^untedfor. 
and management thereof in the same manner as in the case 
of personal property. Approved March 8, 1913. 



174 



Acts, 1913. — Chap. 249. 



1911, 614, § 11, 
etc., amended. 



Chap.24.9 An Act relative to certificates of 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, as amended 
by chapter three hundred and seventy-nine of the acts of the 
year nineteen hundred and twelve, is hereby further amended 
by striking out the last sentence of the section, and in- 
serting in place thereof the following: — The certificate of 
any person who shall be convicted of a violation of the game 
laws or of any provision of this act shall be void, and his 
certificate shall immediately be surrendered to the officer who 
secures such conviction, and the officer shall forthwith for- 
ward the certificate to the commission on fisheries and game, 
who shall cancel the same and notify the clerk issuing the 
certificate of the cancellation of the certificate, and no per- 
son shall be entitled to receive a certificate during the period 
of one year from the date of conviction. Any certificate 
issued to such person within one year of his conviction under 
this act, or under any other provision of the game laws, shall 
be void, and shall be surrendered on demand of any officer 
authorized to enforce the game laws, — so as to read as 
follows: — Section 11. Any person who makes a false rep- 
resentation as to birthplace, requirements of identification, 
or of facts relative to property qualifications, or naturaliza- 
tion, 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 pun- 
ished by both such fine and imprisonment. The certificate 
of any person who shall be convicted of a violation of the 
game laws or of any provision of this act shall be void, 
and his certificate shall immediately be surrendered to the 
officer who secures such conviction, and the officer shall 
forthwith forward the certificate to the commission on fish- 
eries and game, who shall cancel the same and notify the clerk 
issuing the certificate of the cancellation of the certificate, 
and no person shall be entitled to receive a certificate during 
the period of one year from the date of conviction. Any 
certificate issued to such person within one year of his 
conviction under this act, or under any other provision of 
the game laws, shall be void, and shall be surrendered on 
demand of any oflScer authorized to enforce the game laws. 

Approved March 8, 1913. 



Penalty for 
false repre- 
sentation. 



Surrender and 
cancellation 
of certificates. 



Acts, 1913. — Chaps. 250, 251. . 175 

An Act relative to fish and game wardens. Chap. 250 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and sixty-five of the i9i2. 465 § i, 
acts of the year nineteen hundred and twelve is hereby 
amended by inserting after the word "present", in the sixth 
Hne, the word : — salaried, — so as to read as follows : — 
Section 1. The board of commissioners on fisheries and Fish and game 
game is hereby authorized, upon written application made appointment, 
by the city government of a city or the selectmen of a town, " ^^^' ^ "' 
to appoint in each city or town in the commonwealth apply- 
ing therefor a fish and game warden, who shall have powers 
and duties identical with those of the present salaried deputy 
commissioners, and who shall act under the authority and 
instructions of the commissioners. The annual compensation compensation. 
of every such warden, not exceeding fifty dollars, shall be 
paid by the city or town in which he is appointed. 

Approved March 8, 1913. 

An Act to authorize the independent christian CJiar) 251 

CHURCH IN THE CITY OF GLOUCESTER TO ACQUIRE AND 
IMPROVE AN ANCIENT BURIAL GROUND IN THAT CITY. 

Be it enacted, etc., as follows: 

Section 1. The Independent Christian Church in the The indcpend- 
city of Gloucester, which was incorporated by an act of the church may" 
general court approved June twenty-eighth, in the year ^^^^^l burial 
seventeen hundred and ninetv-two, is herebv authorized ground in 

* 1 t . 1 n • (jloucester. 

to acqun-e by gift or purchase, or to take by right oi eminent 
domain, the parcel of land formerly used as a burial ground, 
between Middle street and Prospect street, formerly called 
Back street, in the said city. The said church is hereby au- 
thorized to remove from the said bui'ial ground any bodies 
interred therein or placed in tombs, provided that they are 
properly and decently buried in some other cemetery. 

Section 2. In case the said church decides to take the Notice of 
said land or any part thereof by right of eminent domain, lakingtobl 
it shall publish its intention so to do, describing the land so published. 
to be taken, and stating that it is to be taken under the pro- 
visions of this act. The said statement shall be published 
once a week for not less than four successive weeks in a news- 
paper published in the said city. If ownership of any part 
of the said parcel of land is established by any persons, they 
shall be paid for the land belonging to them such sums 



176 



Acts, 1913. — Chap. 252. 



Proceedings 
in case of 
failure to 
establish 
ownership, etc. 



May be sold 
or leased, etc. 



as may be agreed upon between the church and the said 
owners, or if they cannot agree, as shall be determined by 
a jiuy in the superior court for the county of Essex upon a 
bill or petition filed therefor by the church or by any such 
owner. In case ownership of any part of the land fails to 
be established, the church may take the same by filing a 
description of the land, with a statement that the same is 
taken under the provisions of this act, in the registry of 
deeds for the southern district of the county of Essex; and 
upon such filing the land so described shall vest in the church. 
No taking shall be made as aforesaid until one month after 
the date of the last publication of the notice hereinbefore 
required to be published. 

Section 3. When the said church shall have acquired 
the burial ground aforesaid, it shall use the same for the pur- 
poses of the church, and may build thereon, or it may sell 
or lease the same, or any part thereof, and the proceeds of 
any such sale or lease shall be used for the piu'poses of the 
church as stated in its act of incorporation. 

Section 4. This act shall take effect upon its passage. 

Api^roved March 8, 1913. 



Chap.252 



Appropria- 
tions, gas and 
electric light 
commissioners. 



Salaries. 

Clerical 
assistance. 

Expenses. 
Rent of office. 



Inspection of 
meters. 



An Act making appropriations for salaries and ex- 
penses OF the board of gas and electric light com- 
missioners. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the Gas and Electric Light Com- 
missioners' Fund, for the salaries and expenses of the gas 
and electric light commissioners, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
thirteen, to wit: — 

For the salaries of the commissioners, fourteen thousand 
dollars. 

For clerical assistance, a sum not exceeding seventy-five 
hundred dollars. 

For statistics, books, stationery, and for other necessary 
expenses, a sum not exceeding four thousand dollars. 

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

For the inspection of electric meters, a sum not exceeding 
one thousand dollars. 



Acts, 1913. — Chap. 253. 177 

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

For the salary of the present first assistant inspector, First assistant 

. , , , J J 11 inspector. 

eighteen hundred dollars. 

For the salary of the present second assistant inspector, Second assLst- 

. , 11111 3'D'' inspector. 

Sixteen hundred dollars. 

For compensation of deputies,, travelling expenses, ap- Deputies, etc. 
paratus, office rent and other incidental expenses, a sum not 
exceeding ninety-five hundred dollars. 

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

For expenses in connection with the abatement of the Abatement of 
smoke nuisance, a sum not exceeding eight thousand dollars. nui'Lnce. 

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

Approved March 8, 1913. 

An Act making appropriations for the reimbursement Chap. 253 

OF EXPENDITURES FOR TUITION IN CERTAIN INDEPENDENT 
industrial SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
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 tuition in independent industrial 
schools paid by certain cities and towns, under the au- 
thority of section seven of chapter four hundred and seventy- 
one of the acts of the year nineteen hundred and eleven, to 
wit: — 

For one half of the tuition of pupils attending the Boston Boston 
evening industrial school during the school year nineteen fndustnai 
hundred and ten to nineteen hundred and eleven, also nine- ^''^°°^' *"'"°°- 
teen hundred and eleven to nineteen hundred and twelve, 
due the following cities and towns, to wit : — 

To the town of Arlington, the sum of twenty-three dollars Arlington. 
and fifty-nine cents. 

To the town of Brookline, the sum of twenty-eight dollars Brookiine. 
and seventy-five cents. 

To the town of Burlington, the sum of thirteen dollars and Burlington. 
seventy-five cents. 

To the city of Chelsea, the sum of twenty-five dollars and Cheisea. 
forty-two cents. 

To the town of Danvers, the sum of three dollars and Danvers. 
eighty-four cents. 



178 

Everett. 

Lynn. 

Maiden. 

Medford. 

Melrose. 

Milton. 

Quincy. 

Somerville. 

Spencer. 
Watertown. 

Winthrop. 



Boston trade 
school for 
girls, tuition. 



Arlington. 

Belmont. 
Beverly. 
Brockton. 

Brookline. 

Chelsea. 
Dedham. 

Easton. 
Essex. 

Everett. 



Lynn. 



Acts, 1913. — Chap. 253. 

To the city of Everett, the sum of twelve dollars and fifty 
cents. 

To the city of Lynn, the sum of sixteen dollars and forty- 
two cents. 

To the city of Maiden, the sum of thirty-two dollars and 
ninety-two cents. 

To the city of Medford, the sum of thirteen dollars and 
seventy-five cents. 

To the city of Melrose, the sum of twenty-five dol- 
lars. 

To the town of Milton, the sum of thirteen dollars and 
seventy-five cents. 

To the city of Quincy, the sum of two dollare and fifty 
cents. 

To the city of Somerville, the sum of eighty-eight dollars 
and seventy-five cents. 

To the town of Spencer, the sum of ten dollars. 

To the town of Watertown, the sum of twenty-seven 
dollars and fifty cents. 

To the town of Winthrop, the sum of twenty-two dollars 
and fifty cents. 

For one half of the tuition of pupils attending the Boston 
trade school for girls during the school year nineteen hundred 
and ten to nineteen hundred and eleven, also nineteen hun- 
dred and eleven to nineteen hundred and twelve, due the 
following cities and towns, to wit : — 

To the town of Arlington, the sum of twelve dollars and 
forty-five cents. 

To the town of Belmont, the sum of nine dollars. 

To the city of Beverly, the sum of forty-five dollars. 

To the city of Brockton, the sum of twenty-three dollars 
and twenty-five cents. 

To the town of Brookline, the sum of one hundred forty- 
one dollars and thirty cents. 

To the city of Chelsea, the sum of twenty-six dollars. 

To the town of Dedham, the sum of one hundred twenty- 
one dollars and thirty-five cents. 

To the town of Easton, the sum of forty-five dollars. 

To the town of Essex, the sum of twenty-two dollars and 
fifty cents. 

To the city of Everett, the sum of three hundred sixty- 
two dollars. 

To the city of Lynn, the sum of seven dollars and seventy- 
four cents. 



Acts, 1913. — Chap. 253. 179 

To the city of Maiden, the sum of one hundred ninety-four Maiden. 
dollars and ten cents. 

To the town of Medfield, the sum of forty-five dollars. Medfieid. 

To the city of Medford, the sum of two hundred eighteen Medford. 
dollars and twenty-five cents. 

To the city of JMelrose, the sum of twenty-seven dollars. Melrose. 

To the town of Milton, the sum of fifty-eight dollars and Miiton. 
fifty cents. 

To the town of Provincetown, the sum of twenty-two Provincetown. 
dollars and fifty cents. 

To the city of Quiiicy, the sum of sixty-three dollars. Quincy. 

To the city of Somerville, the sum of forty-one dollars Somerviiie. 
and eighty-four cents. 

To the town of Stoneham, the sum of thirty-eight dollars, stoneham. 

To the town of Stoughton, the sum of fomleen dollars stoughton. 
and forty cents. 

To the town of Watertown, the sum of forty-three dollars Watertown. 
and ninety-five cents. 

To the town of Wellesley, the sum of nine dollars. Wciiesiey. 

To the town of Winchester, the sum of eighty-six dollars Winchester. 
and eighty-five cents. 

To the town of Winthrop, the sum <jf eighty-four dollars winthrop. 
and thirty cents. 

To the city of Woburn, the sum of se\'enty-four dollars Wobum. 
and sevent}^ cents. 

For one half of the tuition of pupils attending the La'\\Tence Lawrence 
industrial school dming the school year nineteen hundred schwi,"^ 
and ten to nineteen hundred and eleven, due the following *"'**°°- 
towns to wit: — 

To the town of Boxford, the sum of fifty dollars. Boxford. 

To the towTi of Dracut, the sum of eighty-six dollars and Dracut. 
twenty-five cents. 

To the town of Methuen, the sum of one thousand two Methuen. 
hundred eleven dollars and eighty-six cents. 

To the town of North Andover, the sum of four hundred ^nd^ver 
thirty-four dollars and fifty-eight cents. 

For one half of the tuition of pupils attending the Lowell d^^rL'schooi. 
industrial school diu'ing the school year nineteen hundred ^^^^^°^- 
and eleven to nineteen hundred and twelve, due the following 
towns, to wit: — 

To the towTi of Bedford, the sum of one hundred eighty- Bedford. 
five dollars. 

To the town of Billerica, the sum of six hundred twenty- BUierica. 
seven dollars and fifty cents. 



180 



Acts, 1913. — Chap. 253. 



Carlisle. 
Chelmsford. 

Cencord. 
Dracut. 

Tewksbury. 

Tyngsborough. 
Westford. 



Montague agri- 
cultural high 
school, tuition. 



Granby. 



New Bedford 
industrial 
school, tuition. 



Acushnet. 

Dartmouth. 

Fairhaven. 

Freetown. 

Lakeville. 

Mattapoisett. 

Rochester. 
Wareham. 
Westport. 



Newton in- 
dustrial school, 
tuition. 



Easton. 



To the town of Carlisle, the sum of thirty-five dollars. 

To the town of Chelmsford, the sum of five hundred fifty- 
seven dollars and fifty cents. 

To the town of Concord, the sum of thirty dollars. 

To the town of Dracut, the sum of six hundred fifty- 
nine dollars. 

To the town of Tewksbury, the sum of one hundred twenty- 
seven dollars and fifty cents. 

To the town of Tyngsborough, the sum of forty dollars. 

To the town of Westford, the sum of seventy-five dol- 
lars. 

For one half of the tuition of pupils attending the Mon- 
tague agricultural high school during the school year nine- 
teen hundred and ten to nineteen hundred and eleven, due 
the following town, to wit : — 

To the town of Granby, the sum of fifty-six dollars and 
twenty-five cents. 

For one half of the tuition of pupils attending the New 
Bedford industrial school during the school year nineteen 
hundred and ten to nineteen hundred and eleven, also nine- 
teen hundred and eleven to nineteen hundred and twelve, due 
the following towns, to wit: — 

To the town of Acushnet, the sum of eighty-two dollars 
and fifty cents. 

To the town of Dartmouth, the sum of one hundred fifty 
dollars. 

To the town of Fairhaven, the sum of six hundred sixty- 
nine dollars and thirty-eight cents. 

To the town of Freetown, the sum of one hundred fifty 
dollars. 

To the town of Lakeville, the sum of ninety-nine dollars 
and thirty-eight cents. 

To the town of Mattapoisett, the sum of tliree hundred 
five dollars and sixty-three cents. 

To the town of Rochester, the sum of seventy-five dollars. 

To the town of Wareham, the sum of seventy-five dollars. 

To the town of Westport, the sum of two hundred twenty- 
five dollars. 

For one half of the tuition of pupils attending the Newton 
industrial school during the school year nineteen hundred 
and ten to nineteen hundred and eleven, also nineteen hun- 
dred and eleven to nineteen hundred and twelve, due the 
following cities and towns, to wit : — 

To the town of Easton, the sum of fifty dollars. 



Acts, 1913. — Chap. 253. 181 

To the city of Waltham, the sum of one hundred fifty- Waitham. 
six dollars and twenty-five cents. 

To the town of Watertown, the sum of one hundred Watertown. 
thirteen dollars and sixty-tlu-ee cents. 

For one half of the tuition of pupils attending Smith's Smith's agri- 
agricultural school and Northampton school of industries etc., tuition. 
during the school year nineteen hundred and eleven to nine- 
teen hundred and twelve, due the following towns, to wit: — 

To the town of Amherst, the sum of forty-four dollars and Amherst, 
forty-four cents. 

To the town of Buckland, the sum of sixteen dollars and Buckiand. 
sixty-seven cents. 

To the town of Cummington, the sum of one hundred Cummington. 
fifty dollars. 

To the town of Easthampton, the sum of sixty-one dollars Easthampton. 
and eleven cents. 

To the town of Framingham, the sum of eight dollars and Framingham. 
thirty-nine cents. 

To the town of Hatfield, the sum of sixteen dollars and Hatfield, 
sixty-seven cents. 

To the town of Huntington, the sum of thirty-three dollars Huntington, 
and thirty-tlu-ee cents. 

To the town of Leverett, the sum of fifty dollars. Leverett. 

To the town of Medway, the sum of fifty dollars. Medway. 

To the town of Natick, the sum of forty-one dollars and Natick. 
sixty-seven cents. 

To the town of Orange, the sum of thirty-three dollars and Orange. 
thirty-three cents. 

To the town of Plainfield, the sum of one hundred dollars. Piainfieid. 

To the town of Rowe, the sum of fifty dollars. Rowe, 

To the town of Warwick, the sum of fifty dollars. Warwick. 

To the town of Westhampton, the sum of one hundred westhampton. 
eleven dollars and eleven cents. 

To the town of Whately, the sum of one hundred dollars, whateiy. 

To the town of Williamsburg, the sum of two hundred wiiiiamsburg. 
seventy-two dollars and twenty-two cents. 

For one half of the tuition of pupils attending the Somer- Somerviue 
ville boys' industrial school diuing the school year nineteen dustriai school. 
hundred and eleven to nineteen hundred and twelve, due *"'*'°''- 
the following city, to wit: — 

To the city of Medford, the sum of ninety-five dollars and Medford. 
thirty-two cents. 

For one half of the tuition of pupils attending the Somer- SomerviUe 

., , II •! 1 1 • girls industrial 

ville girls mdustrial school dunng the school year mneteen school, tuition. 



182 



Acts, 1913. — Chap. 253. 



Maiden. 



Springfield 
industrial 
school, tuition. 



Agawam. 



Westfield in- 
dustrial school, 
tuition. 



Granville. 

Worcester 
boys' trade 
school, tuition. 



Auburn. 
Berlin. 

Boylston. 

Charlton. 

Clinton. 

Grafton. 

Leicester. 

Millbury. 

Northborough. 

Northbridge. 

Paxton. 

Shrewsbury. 



hundred and eleven to nineteen hundred and twelve, due 
the following city, to wit : — 

To the city of Maiden, the sum of forty-two dollars and 
fifty cents. 

For one half of the tuition of pupils attending the Spring- 
field industrial school during the school year nineteen hundred 
and eleven to nineteen hundred and twelve, due the follow- 
ing town, to wit: — 

To the town of Agawam, the sum of eighty dollars and 
seventy-five cents. 

For one half of the tuition of a pupil attending the Westfield 
industrial school during the school year nineteen hundred 
and eleven to nineteen hundred and twelve, due the following 
town, to wit: — 

To the town of Granville, the sum of twenty-five dollars. 

For one half of the tuition of pupils attending the Worcester 
boys' trade school during the school year nineteen hundred 
and ten to nineteen hundred and eleven, also nineteen hun- 
dred and eleven to nineteen hundred and twelve, due the 
following towns, to wit : — 

To the town of Auburn, the sum of sixteen dollars. 

To the town of Berlin, the sum of sixty-seven dollars and 
fifty cents. 

To the town of Boylston, the sum of sixty-seven dollars 
and fifty cents. 

To the town of Charlton, the sum of one hundred fifty- 
one dollars and eighty-eight cents. 

To the town of Clinton, the sum of sixty-seven dollars and 
fifty cents. 

To the town of Grafton, the sum of sixty-seven dollars 
and fifty cents. 

To the town of Leicester, the sum of one hundred dollars 
and thirty-eight cents. 

To the town of Millbury, the sum of one hundred sixty- 
eight dollars and seventy-five cents. 

To the town of Northborough, the sum of sixty-seven 
dollars and fifty cents. 

To the town of Northbridge, the sum of tlu-ee hundred 
twenty dollars and sixty-three cents. 

To the town of Paxton, the sum of one hundred thirty-five 
dollars. 

To the town of Shrewsbury, the sum of one hundred sixty- 
eight dollars and seventy-five cents. 



Acts, 1913. — Chaps. 254, 255. 183 

To the town of Southborough, the sum of sixteen dollars ^"^^^'^ 
and eighty-eight cents. 

To the town of Sterling, the sum of sixty-seven dollars sterling. 
and fifty cents. 

To the town of Sutton, the sum of sixty-seven dollars Sutton. 
and fifty cents. 

To the town of Upton, the sum of two hundred seventy Upton. 
dollars. 

To the town of West Boylston, the sum of one hundred West Boyiston. 
eighteen dollars and thirteen cents. 

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

Approved March 8, 1913, 

An Act relative to charges for the use of gas meters. Chap. 254: 
Be it enacted, etc., as follows: 
Section 1. It shall be unlawful for any person or com- Charges for 

P . , . , . .1 „ use of gas 

pany lurnismng gas to consumers to charge a consumer tor meters 
the use of a meter for any part of the fiscal year if the con- ^^^ ^ 
sumer diu-ing that fiscal year uses gas to the value of seven 
dollars or more. 

Section 2. Violation of this act shall be punished by a Penalty. 
fine not exceeding one himdred dollars for each offence. 

Approved March 8, 1913. 

An Act relative to notice of the sale of land. Chap. 255 
Be it enacted, etc., as follows: 

Section 1. Section thirty-nine of Part II of chapter four i909, 490, 
hundred and ninety of the acts of the year nineteen hundred amended. ' 
and nine is hereby amended by inserting after the w^ord 
"sold", in the fifth line, the w^ords: — which shall be fur- 
nished to the collector by the assessoi-s upon demand of the 
collector, — ^so as to read as follows: — Section 39. The Notice of sale 
collector shall give notice of the time and place of sale of 
land for payment of taxes by publication thereof. Such 
notice so published shall contain a substantially accurate 
description of the several rights, lots, or divisions of the land 
to be sold, which shall be furnished to the collector by the 
assessors upon demand of the collector, the amount of the 
tax assessed on each, and the names of all owners known to 
the collector. 

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

Approved March 8, 1913. 



of land. 



184 



Acts, 1913. — Chaps. 256, 257, 258. 



Wearing of 

hat-pins 

regulated. 



1907, 332. § 1, 
amended. 



Chap.25Q An Act to regulate the use of hat-pins. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to wear 
in public a hat-pin which protrudes more than one half inch 
beyond the crown of the hat, unless the point thereof is pro- 
tected in such a manner as to be incapable of causing injury 
to others. 
Penalty. SECTION 2. Violation of the provisions of this act shall 

be punished by a fine of not more than one hundred dollars 
for each offence. Approved March 8, 1913. 

Chap.257 An Act relative to service on certain foreign cor- 
porations. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
thirty-two of the acts of the year nineteen hundred and 
seven is hereby amended by inserting after the word "com- 
monwealth", in the third hne, the words: — or which is 
engaged in or soliciting business in this commonwealth, 
permanently or temporarily, and with or without a usual 
place of business therein, — so as to read as follows : — Section 
1. In an action against a foreign corporation having its 
principal or a usual place of business within this common- 
wealth, or which is engaged in or soliciting business in this 
commonwealth, permanently or temporarily, and with or 
without a usual place of business therein, service of the 
summons or writ may be made according to the provisions 
of section thirty-six of chapter one hundred and sixty-seven 
of the Revised Laws for service in actions against domestic 
corporations; and such service shall be of the same effect 
and validity as if made upon the commissioner of corpora- 
tions. 

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

Approved March 8, 1913. 

Chap.258 An Act to revive the powers and extend the time 

FOR INCORPORATION OF THE BOSTON AND PROVIDENCE 
INTERURBAN electric RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The time within which the Boston and 
Providence Interurban Electric Railroad Company may be 



Service of 
summons on 
certain foreign 
corporations. 



Time 
extended. 



Acts, 1913. — Chap. 259. 185 

incorporated is hereby extended to the first day of January 
in the year nineteen hundred and fourteen; and the said 
company shall have all the rights, powers, privileges and 
franchises possessed and enjoyed by the directors and 
associates of said company for its benefit prior to the thirtieth 
day of December, nineteen hundred and twelve, including 
the right to locate, construct and maintain its electric rail- 
road in the manner provided by law upon the route approved 
by the order of the board of railroad commissioners, dated 
December thirtieth, nineteen hundred and eleven, in all re- 
spects, in the same manner and with the same effect as if 
said incorporation had been effected within the time pre- 
scribed by law: iwovided, that the incorporation is effected Proviso, 
within the period hereby determined. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1913. 



An Act relative to the possession of obscene prints, (7/^^^ 259 
pictures and articles. 

Be it enacted, etc., as follows: 

Section twenty of chapter two hundred and twelve of f^o^J^^- 
the Revised Laws, as amended by chapter one hundred and amendecf. 
twenty of the acts of the year nineteen hundred and four, 
is hereby further amended by inserting after the word 
"paper", in the eighth line, the words: — obscene, indecent 
or impure print, picture, figure, image, — so as to read as 
follows : — Section 20. Whoever imports, prints, publishes, Penalty for 
sells or distributes a book, pamphlet, ballad, printed paper sail!^etc°°o7 
or other thing containing obscene, indecent or impure Ian- Stlratl^e. 
guage, or manifestly tending to corrupt the morals of youth, 
or an obscene, indecent or impure print, picture, figure or 
description, manifestly tending to corrupt the morals of 
youth, or introduces into a family, school or place of educa- 
tion, or buys, procures, receives or has in his possession any 
such book, pamphlet, ballad, printed paper, obscene, in- 
decent or impure print, picture, figure, image or other thing, 
either for the purpose of sale, exhibition, loan or circulation 
or with intent to introduce the same into a family, school 
or place of education shall be punished by imprisonment for 
not more than two years and by a fine of not less than one 
hundred nor more than one thousand dollars. 

Approved March, 8, 1913. 



186 



Acts, 1913. — Chaps. 260, 261, 262. 



New England 
Home for Little 
Wanderers, 
powers 
enlarged. 



Chap. 260 An Act relative to the new England home for little 

WANDERERS. 

Be it enacted, etc., as follows: 

Section 1. The corporation established by chapter 
ninety-eight of the acts of the year eighteen hundred and 
sixty-five, under the name of the Baldwin Place Home for 
Little Wanderers, which name was afterwards changed by 
chapter two hundred and five of the acts of the year eighteen 
hundred and eighty-nine to New England Home for Little 
Wanderers, is hereby authorized, in carrying out the pur- 
poses for which it was incorporated, to house or otherwise 
to care for the children under its control in any part of the 
United States, 
may be^'con- Section 2. The Said corporation may construct and 

structed, etc., maintain its home and offices in any citv or town within 

anywhere j i" it r i 

within the the commouwcalth. Approved March 8, 1013. 

commonwealth. 



Industrial 
school for boys, 
maintenance. 



Chap. 261 An Act making an appropriation for the maintenance 
of the industrial school for boys. 

Be it enacted, etc., as jollows: 

Section 1. A sum not exceeding sixty-eight thousand 
two hundred and thirty dollars is hereby appropriated, to be 
paid out of the treasury of the commonwealth from the 
ordinary revenue, for the maintenance of the industrial school 
for boys, for the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen. 

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

Approved March 8, 1913. 



Chap. 262 An Act making appropriations for the expenses of 

THE trustees OF MASSACHUSETTS TRAINING SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasiuy of the commonwealth 
from the ordinary revenue, for the expenses of the trustees 
of Massachusetts training schools, for the fiscal year ending 
on the thirtieth day of November, nineteen hundred and 
thirteen, to wit: — 

For the salary and office expenses of the secretary of the 
trustees, a sum not exceeding forty-four hundred dollars. 



Appropria- 
tions, trustees 
of Massachu- 
setts training 
schools. 



Salary, etc., 
of secretary. 



Acts, 1913. — Chap. 263. 187 

For travelling and other expenses of the trustees, to include Expenses of 
printing and binding the annual report, a sum not exceeding '^"" ^'" *^ °' 
fifteen hundred dollars. 

For salaries and expenses of the agents employed by the Agents, 
trustees, a sum not exceeding eighteen thousand two hundred 
arid fifty dollars. 

For expenses in connection with boarding out children Boarding out 
from the Lyman school for boys, for the present year and for 
previous years, a sum not exceeding ten thousand dollars. 

For expenses in connection with the care of probationers Ca^ of 
from the state industrial school, to include the boarding out etc. 
and other expenses of girls on probation, for the present year 
and for previous years, a sum not exceeding seventeen 
thousand six hundred dollars. 

For instruction in the public schools of children boarded instruction in 

DUDilC SCllOOlS. 

out or bound out by the trustees of the Lyman and industrial 
schools, a sum not exceeding one thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1913. 



Chap.26S 



An Act to authorize the erection of a building for 

THE police department OF THE CITY OF BOSTON AND 
other BOARDS, DEPARTMENTS AND COMMISSIONS. 

Be it enacted, etc., as follotvs: 

Section 1. The superintendent of public buildings of BuiUingmay 

D6 GrGct-Gcl tor 

the city of Boston may erect and furnish a building contain- poi ce depart- 
ing rooms and accommodations for a station house for the Boston, 
police department, and also to be occupied, with the ap- 
proval of the mayor, by any boards, departments or com- 
missions for which the city of Boston is required by law to 
furnish offices or to pay for any part of the rent thereof. The 
plans for and the furnishings of that part of the building 
which is to be occupied by the police department shall 
be approved by the police commissioner and the mayor, 
and that part of the building shall be under the control of 
the police commissioner. 

Section 2. The said building shall be erected upon land fufiding 
of the city which is the site of the building formerly occupied 
by the Massachusetts Historical Society and of the building 
formerly used as a registry of deeds, and adjoining other 
land of the city used as a burial ground. For the purpose of ^°^^^^l ^ 
improving said burial ground, and of straightening and 
establishing the lot lines between said burial ground and 



188 



Acts, 1913. — Chap. 264. 



City may 
sell present 
station house, 
etc. 



Appropriation 
for expenses. 
Proviso. 



Time of 
taking effect. 



the lots occupied by said Massachusetts Historical Society 
building and registry of deeds building, the southerly lot 
line of the registry of deeds lot shall be extended to a point 
fifteen inches southerly of the present southerly wall of the 
Massachusetts Historical Society building on the line of 
Tremont street, and thereafter the land occupied b}^ the 
Massachusetts Historical Society building for sunken light 
areas and the like, lying southerly of said lot line extended to 
the line of Tremont street, shall be appropriated to the use 
of the burial ground, and the land lying northerly of said 
lot line so extended shall be a part of the Massachusetts 
Historical Society lot, and the city of Boston may erect said 
building thereon. 

Section 3. The city of Boston by its board of street 
commissioners, with the approval of the mayor, may, after 
a vote by the city council authorizing the sale as provided in 
section two of chapter four hundred and eighty-six of the acts 
of the year nineteen hundred and nine, make an agree- 
ment to sell, and may sell, the land and building now occu- 
pied as a station house for the police department on Court 
square, upon such terms as said board and the mayor may 
deem advantageous to the city. 

Section 4. The expenses incurred under this act shall be 
met by appropriation: ijrovided, however, that the proceeds of 
the sale of the land and buildings as aforesaid shall be applied 
thereto. 

Section 5. This act shall take effect upon its acceptance 
by the mayor and city council of the city of Boston. 

Approved March 8, 1913. 



Chap. 2^4: An Act to authorize co-operative banks to hold real 

ESTATE. 



Co-operative 
banks may 
hold, etc., 
certain real 
estate. 



Be it enacted, etc., as follows: 

Section 1. Any co-operative bank incorporated under 
the laws of this commonwealth may, subject to the approval 
of the bank commissioner, invest a sum not exceeding its 
surplus account in the purchase of a suitable site and the 
erection or preparation of a suitable building for the con- 
venient transaction of its business, but in no case exceeding 
two per cent of its dues capital. 

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

Approved March 8, 1913. 



Acts, 1913. — Chaps. 265, 266. 189 



An Act relative to the manufacture, sale or exchange Chav.265 
OF confectionery deleterious to the public health. 

Be it enacted, etc., as follows: 

Whoever himself, or by his agent or servant, or as the Penalty for 

. » . I , . manufacture, 

agent or servant or another person or corporation, manu- etc., of con- 
factures, sells or exchanges, or has in his custody or possession contarnhfg 
with intent to sell or exchange, or exposes or offers for sale or IngreSenta. 
exchange, any confectionery containing or coated wholly or 
in part with terra alba, barytes, paraffine, talc, chrome 
yellow, or other injurious mineral substance or poisonous 
color or flavor, or other ingredient deleterious or detrimental 
to the public health, shall be punished by a fine of not less 
than fifty nor more than one hundred dollars. 

A Improved March 8, 1913. 

An Act to provide that certain needy persons shall Chav.2^^ 

NOT BE TERMED PAUPERS. 

Be it enacted, etc., as folloivs: 
Section 1. Section three of chapter six hundred and lon.eeg §3, 

, 'PI PI • 1111 amended. 

sixty-nme of the acts or the year nmeteen hundred and 

eleven is hereby amended by adding at the end thereof the 

words: — or who, to the best of his ability, has attempted 

to provide for himself and his dependents and has not been 

a mendicant, and who, tlu'ough no crime or misdemeanor of 

his own, has come into grievous need and receives aid or 

assistance given temporarily, or partial support continuously, 

to him or his family : yrovided, that nothing in this act shall 

be construed to affect, directly or indirectly, settlement, 

poor or pauper laws, or laws by which any charity, aid or 

assistance is furnished by public authority, — so as to read 

as follows: — Section 3. No person who actually supports Certain 

himself and his family shall be deemed to be a pauper by to b^'de^med 

reason of the commitment of his wde, child or other relative p^"p^''^- 

to an insane hospital or other institution of charity, reform 

or correction by order of a court or magistrate, and of his 

inability to maintain the wife, child or relative therein; or 

who, to the best of his ability, has attempted to pro\dde 

for himself and his dependents and has not been a mendicant, 

and who, through no crime or misdemeanor of his own, has 

C5ome into grievous need and receives aid or assistance given 

temporarily, or partial support continuously, to him or his 



190 



Acts, 1913. — Chap. 267. 



Blandford Fire 
District 
limits 
extended. 



Proviso. family: iwovided, that nothing in tliis act shall be construed 

to affect, directly or indirectly, settlement, poor or pauper 
laws, or laws by which any charity, aid or assistance is fur- 
nished by public authority. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1913. 

Chap.267 An Act to authorize the blandford fire district to 

EXTEND ITS LIMITS AND TO MAKE AN ADDITIONAL WATER 
LOAN. 

Be it enacted, etc., as follows: 

Section 1. The Blandford Fire District, established by 
chapter two hundred and eighty-three of the acts of the year 
nineteen hundred and eight, is hereby extended as follows: — 
Beginning on the easterly side of the highway called North 
street, at the northerly line of land of I. E. Whitney, thence 
running east on the present northerly line of said district, 
one half mile to the present northeasterlj' corner of the 
district; thence turning and running northerly, parallel with 
said North street, three quarters of a mile; thence turning 
and running due west one mile; thence turning and running 
southerly about one and one half miles to the watering 
trough on Long Hill, on the road from Westfield to North 
Blandford, being the northwesterly corner of the present 
district; thence turning and funning northeasterly, on the 
present northerly line of the district, to the point of beginning; 
and the territory lying within the above described lines is 
hereby added to and made a part of said Blandford Fire 
District, and the inhabitants of the town of Blandford within 
the above described territory are hereby made a part of the 
said fire district, subject to the provisions of said chapter 
two hundred and eighty-three. 

Section 2. The said district, for the purpose of paying 
the necessary expenses and liabilities incurred under the 
provisions of this act, may issue from time to time bonds or 
notes to an amount not exceeding fifteen thousand dollars in 
addition to the amount heretofore authorized by said chapter 
two hundred and eighty-three. Bonds or notes issued under 
authority of this act shall bear on their face the words, Bland- 
ford Fire District Loan, Act of 1913; shall be payable by 
such annual payments, beginning not more than one year 
after the respective dates thereof, as will extinguish each 
loan within thirty years from its date, and the amount of 



Blandford Fire 
District Loan, 
Act of 1913. 



Acts 1913. — Chap. 268. 191 

any annual payment shall not be less than the amount of the 
principal of the loan payable in any subsequent year. Each 
authorized issue of bonds or notes shall constitute a separate 
loan. Said bonds or notes shall bear interest at a rate 
not exceeding four and one half per cent per annum, payable 
semi-annually, and shall be signed by the treasurer of the 
district and countersigned by a majority of the water com- 
missioners. The district may sell such bonds or notes 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. The town of Blandford may, at any annual 
town meeting or at a legal meeting called for the purpose, 
guarantee the payment of the said bonds or notes. 

Section 3. The said district shall, at the time of author- Payment of 
izing the said loan or loans, provide for the payment thereof 
in accordance with the provisions of section two of 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 or notes issued as 
aforesaid by the district, 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 or loans is extinguished. 

Section 4. This act shall take effect upon its passage. 

■ Approved March 8, 1913. 

An Act relative to the bonds required of certain Chap. 2Q8 

MILITIA OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. The adjutant general may provide for such bonds mV be 
schedule bonds as may be necessary to take the place of Pgrt^^^miiitia 
bonds now required by law from certain officers of the INIas- officers, 
sachusetts volunteer militia. Any such schedule bond shall 
be with such surety as is satisfactory to the governor and 
council, and the condition shall be that the officer or officers 
named in the bond shall faithfully perform the duties of their 
offices, and the bond shall contain such other conditions or 
provisions as may be required by law. Such bonds shall 
take the place of any bond that may be required from any 
officer mentioned in the schedule bond. The premium due Paynientof 



192 



Acts, 1913. — Chaps. 269, 270, 271. 



to any surety company for acting as surety on any such bond 
shall be paid by the commonwealth. 

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

Approved March 8, 1913. 

Chap. 2^^ An Act relative to the disposition of documents of 

THE BOARD OF COMMISSIONERS ON FISHERIES AND GAME. 

Be it enacted, etc., as follows: 

The board of commissioners on fisheries and game is 
hereby authorized to destroy from time to time license books, 
stubs, licenses and license blanks, after the same have been 
properly audited by the state auditor, and also old examina- 
tion papers, old applications for hunters' licenses, old ap- 
plications for fish, quadrupeds and birds, and such other hke 
documents as the board may deem it unnecessary to keep, 
after the same have been noted on the official records. 

Approved March 8, 1913. 



Certain old 
documents 
may be 
destroyed. 



Chap.270 An Act relative to the open season on gray squirrels. 
Be it enacted, etc., as follows: 



19n, 172, 
amended. 



§1. 



Protection of 
gray squirrels. 



Section one of chapter one hundred and seventy-two of 
the acts of the year nineteen hundred and eleven is hereby 
amended by striking out the word "fifteenth", wherever 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 except only be- 
tween the twelfth day of October and the twelfth day of 
November of each year, both days inclusive, to hunt, take 
or kill a gray squirrel, or to sell, or offer for sale, or to have in 
possession for the purpose of sale, a gray squirrel, wherever 
taken or killed, or to take or kill at any time a gray squirrel 
by means of a trap, net or snare, or for the purpose of killing 
a gray squirrel to construct or set a trap, snare or net. 

Approved March 8, 1913. 



Chap.271 An Act to authorize the city of lowell to lay water 
PIPES in certain streets in the town of Chelmsford. 

Be it enacted, etc., as follows: 

The city of Section 1. The city of Lowell is hereby authorized 

Lowell may i <• -r> • • • J 

lay water to dig up and opcu SO much of Princeton street as is situated 

certain streets betwecu the city liuc and Brouilette street and so much of 



Acts, 1913. — Chaps. 272, 273. 193 

Brouilette street as is situated easterly of the median line in the town 
thereof between said Princeton street and the city line, all in ford,''et& ^' 
the town of Chelmsford, and to make such excavations as 
may be necessary, and to lay and maintain pipes therein. 
But all things done upon the said streets in the town of 
Chelmsford shall be subject to the direction and approval 
of the selectmen of said town. The city of Lowell shall in 
all cases restore said streets to as good a condition for public 
travel as they were in immediately before being dug up and 
opened. Nothing herein contained shall be so construed as 
to give the city of Lowell any right to distribute water 
within the town of Chelmsford. 

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

Approved March 8, 1913. 

An Act relative to the adulteration of drugs. Chav 272 
Be it enacted, etc., as follows: 

The first paragraph of section eighteen of chapter seventy- r. l. 75, § is, 
five of the Revised Laws, is hereby amended by striking ^'"'''''^'^'^• 
out the words "falls below", in the eleventh fine, and in- 
serting in place thereof the words : — differs materially from, 
— so that the said first paragraph wall read as follows : — 
A drug shall be deemed to be adulterated: 1. If, when sold Adulteration 
under or by a name recognized in the United States phar- defined! 
macopoeia, it differs from the standard of strength, quality 
or purity prescribed therein, unless the order therefor re- 
quires an article inferior to such standard or unless such 
difference is made knoAvn or so appears to the purchaser at 
the time of the sale. 2. If, when sold under or by a name 
not recognized in the United States pharmacopoeia but 
which is found in some other pharmacopoeia or other stand- 
ard work on materia medica, it differs materially from the 
standard of strength, quality or purity prescribed in such 
work. 3. If its strength, quality or purity differs materially 
from the professed standard under which it is sold. 

Approved March 8, 1913. 

An Act to establish the office of superintendent of nj^fj^. <yio 

PUBLIC works of the TOWN OF STONEHAM. ^' 

Be it enacted, etc., as follows: 

Section 1. The office of the commissioners of public Commia- 
works of the town of Stoneham, established by chapter two pubHc^ works 



194 



Acts, 1913. — Chap. 273. 



of the town of 
Stoneham 
abolished. 
Powers, duties, 
etc., trans- 
ferred to 
certain other 
officers. 



Superintend- 
ent of public 
works, ap- 
pointment. 



hundred and sixty-three of the acts of the year nineteen 
hundred and two, is hereby abohshed. 

Section 2. All the powers, duties and liabilities con- 
ferred or imposed by law on the said commissioners of public 
works are hereby transferred to the board of selectmen of 
the said town, except that the powers, duties and liabilities 
of the said commissioners of public works in respect to the 
construction, maintenance and repair of streets, ways, 
bridges, sidewalks, monuments at the termini and angles of 
roads, guide-posts, drains, water mains and services or any 
pipes and fixtures through which water is supplied, and 
common and particular sewers, are hereby transferred to the 
superintendent of public works hereinafter provided for, 
who shall exclusively have the powers, perform the duties 
and be subject to the liabilities and penalties of selectmen, 
surveyors of highways, water commissioners and sewer 
commissioners, with respect to the said matters. 

Section 3. Upon the acceptance of this act, as here- 
inafter provided, the selectmen of the town shall appoint 
a superintendent of public works, who shall be a person 
specially fitted by education, training or experience to 
perform the work devolving upon him. In making the 
appointment the selectmen, or a majority of them, shall 
sign a certificate in the following form : — 



Certificate of 
appointment. 



Appointment 
to be approved 
by civil 
service com- 
mission, etc. 



CERTIFICATE OF APPOINTMENT. 

We hereby appoint (name of appointee) to the position of 
superintendent of public works of the town of Stoneham, and 
certify that in our opinion he is a person specially fitted by 
education, training or experience to perform the duties of 
that office. 

Section 4. The certificate shall be filed with the town 
clerk, who shall thereupon forward a certified copy to the 
civil service commission. The commission shall immediately 
make a careful inquiry into the qualifications of the nominee 
under such rules as they may, with the consent of the gov- 
ernor and council, establish, and, if they conclude that he is a 
competent person with the requisite qualifications, they shall 
file with the town clerk a certificate, signed by a majority 
at least of the commission, that they have made a careful 
inquiry into the qualifications of the appointee, and that in 
their opinion he is qualified for the oSice by education, train- 



Acts, 1913. — Chap. 273. 195 

ing or experience, as the case may be, and that they approve 
the appointment. Upon the fiUng of this certificate the ap- 
pointment shall become operative, subject, however, to 
all provisions of law or by-laws of the said town in regard 
to acceptance of office, oath of office and the filing of bonds. 
If the commission does not within thirty days after the re- To be void in 
ceipt of the said notice file said certificate with the town clerk, ''^^ '° "^^" 
the appointment shall be void. 

Section 5. The superintendent of public works shall Jli^e^ 
hold office for a period of three years from the date when 
his appointment becomes operative by the filing of said 
certificate by the civil service commission, and until his 
successor is chosen and qualified. Thereafter there shall 
be appointed every third year by the board of selectmen, 
in the manner provided in. sections three and four of this 
act, a superintendent of public works, who shall hold office 
for the same period and shall possess the qualifications and 
be subject to the confirmation provided for in sections three 
and foiu- of this act, except, however, that if a person hold- 
ing the office is reappointed, the approval of the civil service 
commission shall not be required. 

Section 6. The superintendent of public works shall be Oath of office, 
sworn to the faithful and impartial performance of his duties etc?^^"^** '°°' 
by the chairman of the board of selectmen of the town, or 
by the town clerk or by a justice of the peace, and shall 
receive such compensation for his services as the board of 
selectmen may determine, and shall be subject to such in- 
structions, rviles and regulations as the town may impose by 
its vote. 

Section 7. A majority of the board of selectmen may Removal, 
remove the superintendent of pubhc works by filing a written 
statement with the town clerk setting forth in detail the 
specific reasons for his removal, a copy of which shall be de- 
livered or mailed to said superintendent: yromded, hmvever, Proviso, 
that, if the superintendent so requests, a hearing shall be 
given him. The decision of a majority of the selectmen made 
after the hearing shall be final. 

Section 8. Any vacancy in the office of superintendent Vacancy, 
of public works shall be filled In the manner provided in 
sections three and foiu of this act, for the remainder of the 
term. Pending such appointment, the board of selectmen 
may designate a person to perform the duties of the office 
temporarily. 



196 



Acts, 1913. — Chaps. 274, 275, 276. 



Time of 
taking effect. 



Certain 
persons may 
be appointed 
regular mem- 
bers of fire 
department 
of Boston. 



Section 9. This act shall take full effect upon its accept- 
ance by a majority vote of the voters of the town of Stone- 
ham present and voting thereon by check list or Australian 
ballot, at an annual or special town meeting in the warrant 
for which the question of the acceptance of the act was 
inserted as one of the articles of business; and for the pur- 
pose of such acceptance this act shall take effect upon its 
passage. A improved March 8, 1913. 

Chap.274: An Act to authorize the fire commissioner of the city 
of boston to appoint thomas j. stevens and frank l. 
jewett as regular members of the fire department. 

Be it enacted, etc., as follows: 

Section 1. The fire commissioner of the city of Boston 
is hereby authorized to appoint, without civil service exam- 
ination, Thomas J. Stevens and Frank L. Jewett, now em- 
ployed as chief's drivers, as regular members of the fire de- 
partment of the city of Boston. 

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

Ai^yroved March 8, 1913. 

Chap.275 An Act to authorize the city of lynn to pay a sum of 

money to JAMES S. KENNEDY. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, acting by its municipal 
council, may pay to James S. Kennedy on account of in- 
juries suffered by him while in the performance of his duty as 
a gateman in Central square in said city, in the attempt to 
prevent a collision between a train on the Boston and Maine 
railroad and a fire engine belonging to the city on its way to 
extinguish a fire, a sum not exceeding three hundred dollars 
a year, payable in equal monthly installments, for the period 
of ten years. 

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

Approved March 10, 1913. 

Chap\276 An Act to authorize the town of weymouth to make 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Weymouth Section 1. The town of Weymouth, for the purpose of 

Act o^f mT' extending its system of water works as authorized by chapter 



City of Lynn 
may pay a 
sum of money 
to James S. 
Kennedy. 



Acts, 1913. — Chap. 276. 197 

one hundred and seventy-four of the acts of the year eighteen 
hundred and eighty-one, and for paying the necessary ex- 
penses and Habihties incurred under the provisions of this 
act, may issue from time to time bonds or notes to an amount 
not exceeding fifty thousand dollars in addition to the 
amounts heretofore authorized by law to be issued by the 
town for water supply purposes. Bonds or notes issued under 
authority of this act shall bear on their face the words Town 
of Weymouth Water Loan, Act of 1913; shall be payable by 
such annual payments, beginning not more than one year 
after the respective dates thereof, as will extinguish each 
loan within thirty years from its date; and the amount of 
such annual payment of any loan in any year shall not be 
less than the amount of the principal of said loan payable 
in any subsequent year. Each authorized issue of bonds or 
notes shall constitute a separate loan. Said bonds or notes 
shall bear interest at a rate not exceeding four and one half 
per cent per annum, payable semi-annually, and shall be 
signed by the treasurer of the town and countersigned by 
the water commissioners. The town may sell such bonds or 
notes at public or private sale, upon such terms and con- 
ditions as it may deem proper, but they shall not be sold for 
less than their par value. The whole amount of such bonds 
or notes issued by the town, together with those heretofore 
authorized to be issued by said town for the purposes named 
in said chapter one hundred and seventy-four, shall not in 
any event exceed the sum of five hundred and sixty-five 
thousand dollars. 

Section 2. Said town shall at the time of authorizing payment of 
said loan or loans provide for the payment thereof in accord- ^°^^' 
ance with section one of this act; and when a vote to that 
effect has been passed, a sum which, wdth 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 or notes 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 or loans is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 10, 1913. 



198 Acts, 1913. — Chap. 277. 

Chap. 211 An Act to dissolve certain corporations. 

Be it enacted, etc., as follows: 

Corporations SECTION 1. Such of the followiiig named corporations 
as are not already legally dissolved are hereby dissolved, 
subject to the provisions of sections fifty-two and fifty- 
three of chapter four hundred and thirty-seven of the acts 
of the year nineteen hundred and three : — 

A. A. Dufault, Inc. 

A. B. Hobbs Machine Company 

A. B. McCrillis & Son Company 

A. C. G. Luke Company 

A. E. Gloyd Shoe Company 

A. E. Morrison Company 

A. F. Ross & Company, Incorporated 

A. Glennie & Company, Incorporated 

A. H. Ordway Company 

A. L. Sweetser Mfg. Co. 

A. P. Crawford Company 

A. S. Lowell Company 

Acme Granolithic Company 

Acoaxet Water Supply Company 

Adams Drug Company 

Aerial Construction Company 

Aerial Navigation Company • 

Aeroplane Advertising Company 

Aetna Investment Association, Incorporated 

Albert Dwight Smith Company 

Alberty Thompson Company 

Alden Solomon & Sherlip Company 

Alfred H. Post & Company of Boston, Inc. 

Almy Uniform Company 

American Automatic Sales Company 

American Cableway Company 

American Clothing Company 

American Electric Sign Company 

American Garage Company 

American Hippodrome Company 

American-Mexican Co. 

American National Soap Company 

American Non-RefiUable Bottle Lock Company, The 

American Paint Manufacturing Company 



Acts, 1913. — Chap. 277. 199 

American Rotary IVIotor Company Corporations 

A • n^ 17 • • n dissolved. 

American iannery Ji,ngnieering Company 

Amesbury Opera House Company, The 

Amlierst Amusement Company 

Amos F. Bailey Company 

Amplex Motor Car Company of New England 

Aristo Company, The 

Arlington Lumber Manufacturing Company, The 

Armstrong Twenty-five Cent Stores, Incorporated 

Arro^vplane Manufacturing Company, The 

Arthur F. Dow Co. 

Artificial Flower Co., The 

Associated Dealers Credit Bureau 

Associated Dressmakers and Tailors, Inc. 

Astoria Lunch Company 

Atlantic Chrome Leather Company 

Atlantic Handle Company 

Atlantic Handle Company Inc. 

Atlantic Telegraph Company of ]\Iass. 

Austin Ford and Son Company 

Austin-Walker Co. 

Australian Manufacturing Company 

Auto-Bright Company, The 

Auto-Foto New England Company 

Auto Safety Crank Company, The 

Auto Warehouse Company 

Automatic Electric Piano Company 

Automatic ]\Iachine Company 

Automobile Auction & Sales Co. 

B & M Spoon Company 

B. D. Gray Engineering Company 

Baird Electric Score Board Company, The 

Balance Shoe Co., The 

Ballou and Hobigand Preparatory School, The 

Bancroft Paper Co., The 

Barre Acetylene Gas Co., The 

Barrett Hat Company 

Bay State Brazing and Welding Co. 

Bay State Construction Company 

Bay State Fruit Company, The 

Bay State Loan Company 

Beacon Confectionery Co. (Organized June 14, 1909) 

Bedford Co. 

Bell Novelty Company (Inc.) 



200 Acts, 1913. — Chap. 277. 

SsXed!"''^ Belmont Drug Company 

Belmont Pharmacy 

Benson Fm-nitm-e Company, The 

Bent & Bush Company 

Berenson-Junisky Company 

Berg Chemical Company 

Berkshire Land & Sheep Company 

Berkshire Mineral Company 

Berkshire Pharmacy 

Bianco Brothers Company 

Bigelow and Dowse Company. (Organized Jan. 11, 
1894) 

Bishop Oillio and Novelty Company 

Blanchard & Company, Incorporated. (Organized Feb. 
25, 1902) 

Blue Hill Corporation 

Blue Hill Electric Company, The 

Blue Ribbon Baking Co. 

Boston and Canada Wheatland Company 

Boston Art Glass Company, The 

Boston Audit Company 

Boston Carriage and Baggage Transfer Company 

Boston Coated Paper Company, The 

Boston Cordage Company 

Boston Disposal Company 

Boston Drop Black Company 

Boston Electric Company 

Boston Film Rental Company 

Boston Foundry Co. 

Boston Glue Company 

Boston Gun Club 

Boston Jamaica and Cuba Fruit Company 

Boston Leather Goods Company 

Boston Lettish Co-operative Society 

Boston Limited Partnership Company 

Boston Motion Pictm-e Manufacturing Company 

Boston-Newell Company, The 

Boston Roof Protecting Co. 

Boston Rubber Reclaiming Company 

Boston Sand Company 

Boston Smokeless Draft Inducer and Economizer Com- 
pany 

Boston Tow Boat Company. Chartered February 15, 
1873. 



Acts, 1913. — Chap. 277. 201 

Bowdoin Fish Market Incorporated Corporations 

Bowen Manufacturing Company 

Boyd Sticky Fly-Paper Company 

Boylston & Woodbury Cafe Company, The 

Bradford Joint Company 

Braley Sporting Goods Company 

Brewer-Macaulay Company 

British Tea Table Inc. 

Bronson Chemical Company, The 

Brown Oil Company 

Browne & Baxter Company 

Brunelle Boiler Company, The 

Bull Dog Clip Manufacturing Co. 

Bunker Hill- Coal Co. 

Burleigh Rock Drill Company « 

Buxton, Doane Company 

C. A. Hamel Company 

C & C Raincoat Company 

C. E. Dustin Company 

C. F. Lettenev Company 

C. H. W. Wood Company, The 

C. Julius Huntley Co. 

C. L. Stevens Company 

C. R. Remillard Lunch Company 

C. S. Clapham Company 

C. White Company 

Caldwell Photo Company 

Cameron Car Company, The 

Campbell Company, The 

Canton Garage Company 

Carlisle & Pope Door, Sash & Blind Co. 

Carribee Manufacturing Company 

Carter Press Corporation, The 

Central Dry-Goods Company 

Chadwick Supply Company 

Chandler Company 

Charles A. Bennett Company 

Charles E. Hall & Sons Inc. (Organized March 31, 

1911) 
Charles H. Belledeu, Inc. 
Charles S. Brown Company 
Charlesbank Casino, Inc. 
Chase Company 
Chelmsford Building Association 



202 Acts, 1913. — Chap. 277. 

&ved!°''' Cheney and Thomson Company 

Chesley-Swain Company 
Childs Auditing Company 
Christian Hotel Company 
Citizens Loan Association 
Clark-Hutchinson Company 
Clark Machine and Foundry Company 
Clearing Association for New England Real Estate, 

Inc. 
Climax Manufacturing Company 
Clinton Specialty Manufacturing Company 
Cohannet Silver Company 
Cohen & Priest Company 
Colonial Comb and Novelty Company 
Colonial Packing Company 
Columbia Woolen Company 
Commercial Oil Company 
Commercial Transportation Company 
Commonwealth Construction Co. 
Commonwealth Hospital 
Commonwealth Trap Rock Company 
Compressed Gas Tank Company, The 
Concord Drug Company of Lowell 
Congress Associates Inc., The 
Congress Bowling Alleys Inc., The 
Connecticut Valley Transfer and Express Company 
Council Leather Co. 
Consolidated Investment Company 
Consolidated Produce Company 
Consumers Ice Co. 

Contractors & Builders Supply Company 
Cook Fire Door Company 
Co-operative Poultry Association, Incorporated 
Corporation Development Company 
Cortland Express Service, Inc. 
Coulter Coal & Lumber Company, The 
Courier Publishing Company 
Craftsman Company of Boston, The 
Crescent Laundry Company, Inc. 
Cresco Corset Company 
Cross Street Shoe Store, Inc., The 
Cumberland Dock and Storage Company 
Ciu-rie & Fairbanks Baking Co. 
Curtis and Pope Lumber Company 



Acts, 1913. — Chap. 277. 203 

Cutter Detective Agency, Inc. SKd'''^ 

D. Augustus Cooper Company, The 
Dante Printing and Publishing Company 
Davenport Mill Company * 

Davis, Taylor Company 

Davy Automatic Fire Escape Co., of New England, The 
Day Emerson Shoe Company 
Dickerson ]Metal Vat Co. 
Dickinson-Bailey Company 
Dietz Painting & Decorating Co. 
Dobsis Lumber Company 
Dr. Mann Home Remedy Co. 

Dr. Rudolph Mertin, Inc. (Organized Dec. 31, 1906) 
Dodge Engine Company 

Domestic Vacuum Cleaner Company, The. (Organ- 
ized July 28, 1910) 
Dorchester Investment Association, Incorporated 
Dorchester Waste Company 
Drug Shop, Incorporated, The 
Dunlap Cooke Company Ltd., The 
Dwelley and Gilman Incorporated 

E. B. Brown Department Store, Inc. 
E. Buxton & Son Company, The 

E. C. Barr Company, The 

E. E. Stone Lumber and Box Company, The 

E. L. Brown Automobile Company 

E, M. F. Boston Company 

E. P. Charlton Company 

E. P. Scigliano & Co. Inc. 

E. R. Taylor Company 

E. V. J. Desmarais Pharmacy, Inc., The 

E. W. Seaver Company, The 

Eagl^ Investment Company 

Eagle Printing Company 

Eagle Specialty Company 

East Side Auto Company, The 

Eastern Aviation Company 

Eastern Beef Company 

Eastern Electric Co. of New Bedford 

Eastern Laundry Machinery Company 

Eastern Slipper Manufacturing Company 

Easthampton Elastic Web Co. 

Eaton Candy Company 

Economy Drug Company 



204 Acts, 1913. — Chap. 277. 

Ssorved!""^ Economy Friction Drive & Pulley Company 

Egidu Company 
Electric Express Company, The 
Electric Novelty Machine Company 
Electro Manufacturing Company 
Elk River Milling Company 
Ellery Drill & Tool Co. 
Elliott & Starr Company Corporation 
Ellsworth Mfg. Company 
Emerson Pennington Co. 
Empire Top & Wind Shield Company 
Empire Woolen Company 
Equitable Law & Adjustment Company 
Essex Fruit Co. 
Essex Optical Company 
Essex Pad and Paper Company 
Essex Stocking Company 
Everett Auto Station, Incorporated 
Everett Square Storage Company 
Everyday Housekeeping Company 
Excelsior Manufacturing Company 
Exchange and Mart Company, The 
Exstein Co., The 
F. A. Parker Shoe Company 
F. B. Holmes Co. 
F. C. Warren Company 
F. Franz Cutlery Co. 

F. H. Roberts Company, (Organized March 19, 1908) 
F. J. Quinn Co., The 
F. M. Kirby Company 
F. R. Parker Company 
F. S. Carr & Company, Inc. 
F. W. Woolworth & Company 
Fabrizio and Wingate Co. 
Fairbanks Saddlery Specialty Company 
Fall River-New Bedford Barrel and Junk Co. 
Fall River, Warren and Taunton Express Company 
Falmouth Land Company 
Famous Ladies' Tailoring Company, The 
Federal Dental Manufacturing Company 
Federal Egg Co. Inc. 
Federal Finance Company 
Feldman & Co. Inc. 
Financial Research Society, The 



Acts, 1913. — Chap. 277. 



205 



Fink Cigar Company dSved."'^ 

Finnegan Leach Shoe Company 

Fisher Bros. Company 

Fisk Rubber Company, The. (Organized Sept. 30, 

1904) 
Fitchburg Cab and Automobile Company 
Fitchburg Merchants Express Co. 
Fitzgerald Transportation Company, The 
Forest Wafer Company 
Framingham Box Company, The 
Framingham Electric Company 
Framingham Hotel Company, The 
Franco Co-operative Co. 
Frank A. Andrews Company 
Frank C. Berkley Company 
Franklin Manufacturing Company 
Fred F. Squire Company 
Fulgor Preliminary Syndicate, Incorporated 
Fuller Manufacturing Company 
G. A. Walker Machine Company 
G. H. Proctor Supply Company 
G. M. Hyams Co. 

Garden City Co-operative Association 
Geier-McGowan Co. 
General Agency Company, The 
General Motor Company 
General Sales Company 
George A. Cooper Company 
Geo. B. Robbins Disinfectant Company 
George C. Melville Company 
George F. Farmer Shoe Company 
George N. La Bonte Shoe Company 
George W. Heald Company 
George W. Ingalls Company, Incorporated 
Ger-ma-tol Cerate Co. 
Gilchrist Drug Company 
Glendevis Manufacturing Company 
Globe Auto Top Manufacturing Company 
Globe Clothing Company 
Globe Drygoods Company, The 
Goldena Manufacturing Company 
Goller Shoe Co., The 
Goodwin Co., The 
Grandfields' Pharmacy, Inc. 



206 Acts, 1913. — Chap. 277. 

dbXed^°' Grant's Express Company 

Graphic Arts Publishing Company 

Gravity Soda Fountain Company of America 

Great Eastern Advertising Company 

Greater Boston Real Estate and Ideal Homes Exposi- 
tion (Incorporated) 

Greendale Lumber and Supply Company 

Greenidge Company 

Guarantee Service Corporation 

H. B. Tucker Company 

H. C. Downing Company 

H. Chadwell Company, The 

H. D. Foss & Co., Incorporated, (Organized May 27, 
1901) 

H. E. Baker Company 

H. E. Chellis Company, The 

H. E. Crowther Company 

H. E. Putnam Co. 

H.F. Moss Mfg. Company, The 

H. M. Hollander Company 

H. W. Forbush, Inc. 

Hall & Lyon Drug Company 

Hampden Realty Corporation 

Handy Label Paster Company 

Handy Provision Company 

Hanover Cigar Company 

Harding & Company, Inc. 

Harrington Hide Company, The 

Harris Motor Company 

Harry Sacks & Co., Inc. 

Harshbarger Concrete Form Construction Company 
. Hart Valve Agency, Inc. 

Hartshorn Company 

Harvard Marine & Auto Company, The 

Hathaway & Mackenzie Grain Company, The 

Hathaway Recording Scale Company 

Hawkins Manufacturing Corporation 

Hawthorne Market, Incorporated 

Healy Fiu-nishing Company 

Hebrew Bakers and Confectioners Corporation of 
Massachusetts, The 

Hebrew C6-:operative Butcher Shop (Inc.), The 

Henry Motor Car Sales Company 

Hibbard and Mason, Incorporated 



Acts, 1913. — Chap. 277. 207 

Highland Avenue Pharmacy, Incorporated Corporations 

Hilton and Sons Express, Incorporated 
Hilton Manufactui'ing Company 
Hinman Gas Machine Company 
Holyoke Auto Company 
Holyoke Base Ball Association 
Hoosac Company, The 
Horner-Jordan Co. 
Household Bluer Company, The 
Hovey Market & Grocery Company, Inc. 
Hub Fruit Company 
Humphrey Provision Company 
Hunt Duplex Burner Company 
Huntt's Delft Shops Inc. 

Hutchinson Hide and Leather Machine Company 
Hyannis Gas Company 
Hyde Park Steel Castings Company 
Hydraulic Oil Storage, Sales and Engineering Com- 
pany 
Hygienic Corset Manufacturing Company 
I. W. Paul Varnish Company 
Ideal Embroidery Company 
Ideal Hat Frame Machine Company 
Income Insurance Company of INIassachusetts 
Independent Electrical Supply Company 
Independent Wine Company 
India Mica Company 
Industrial Chemical Company 
In-Er Globe Lamp Company, The 
Instantaneous Electric Heater Company, The 
Interlaken Cranberry Company 
International Electric Laboratories (Inc.) 
International Hat Company 
International Holding Company 
International Non-Refillable Bottle Company 
Interstate Chemical Company 
Interstate Fire and Police Department Supply Co- 
Intervale Association 
Ironoid Brazing and Welding Co. 
Irving Garage and Repair Company 
Italian-American Corporation, The 
J. A. Dow Company 
J. A. Harden Company, The 
J. F. Snow Company 



208 Acts, 1913. — Chap. 277. 

SKd""' J. G. Small Company 

J. H. Chandler Company 

J. H. Folkins Company • 

J. H. Stedman Company, The 

J. L. Rice Co. 

J. M. Agel Company, Inc. 

J. M. C. Company, The 

J. M. Watson Provision Company 

Jacobson-Brandow Company 

James S. Kelly Company, Incorporated, The 

John F. Ryan Co. 

John Harriott, Incorporated 

John J. Connelly Co. 

John J. Merrill Construction Co. 

John L. Parker Company 

John P. Coogan Company 

John Slater Company 

Johnston Market Company 

Jordan Demountable Rim Company 

Joseph M. Bradley Company 

Joseph Squire Company 

Joyce Company, The 

K. A. Skinner Company 

Karrer & Company (incorporated) 

Katler Pants Manufacturing Company 

Katzes and Phelan Amusement Company 

Keith Calfskin Company 

Kennedy Ideal Carbureter Company 

Kissel Kar Kompany 

L. and L. Bakery Co., The 

L. F. Walsh Co. 

L. L. Dupuis Company 

Laconia Coal and Ice Company 

Lake Huron Oil Company Limited 

Langford Composite Pipe Company 

Lawrence & Sullivan Corp. 

Leader Inc., The 

Lee Crepe Napkin Company 

Leominster Comb Manufacturing Company 

Leon B. Murray, Inc. 

Lesco Company, The 

Lexington and Concord Sight-Seeing Company 

Lightning Hose Coupling Co. 

Limerick Produce Co. 



Acts, 1913. — Chap. 277. 209 

Loring Goes & Co. Incorporated Corporationa 

Lovett Advertising Company, Incorporated 

Lowe-Howard Company 

Lowell E. Smith Company 

Lowell Leather Company 

Lynch Company, The 

Lynn Finance Company 

Lynn Machine Company 

Lynn Public Market Company, The 

Lynn Publishing Company 

Lynn Rubber Cement Company, Inc. 

M. S. Lewis Company 

Ma-hat-ma Medical Company, The 

Mac-Kae Manufacturing Company 

Macks Specialty Company 

Madame du Tremblay & Co., Inc. 

Maggiorani Company of America 

Magnet Photo Materials Co. 

Maire Placer Mining Company 

Manson Building Company, The 

Manufacturers Advertising Company, The 

Manufacturers Corporation Company 

Manufacturers Securities Company 

Manufacturers Waste Company 

Marathon Egyptian Cigarette Company 

Marco Electric Mfg. Company 

Marston Shoe Company 

Martin Motor Car Company 

Martin Pihl Corporation 

Mason Motor-Fan Company 

Masonic Building Association 

Massachusetts Carbon Company 

Massachusetts Piano Manufactiu-ing Company 

Massachusetts Sand-Lime Brick Company 

Massachusetts Talc Co. 

Massachusetts Tanners Egg- Yolk Company 

Massachusetts Tool Company 

Matchless Lighter Company 

Max Perlow Co. 

Medfield Electric Light and Power Company, The 

Medical Gazette Publishing Company, The 

Medway Electric Light and Power Company, The 

Merchants and Manufacturers Credit Company, The 

Merrimac Iron Foundry 



210 Acts, 1913. — Chap. 277. 

dS'Sd!*"^ Metallic Dabber Company 

Methuen Hat Works Incorporated 

Mica Varnish & Insulation Company 

Middlesex Grocery Company 

Middlesex Highlands Hospital 

Middlesex Land Company 

Middlesex Pharmacy, Incorporated 

Milady's Shop, Incorporated 

Miller Wardrobe Company, The 

Mitchell Punctureless Pneumatic Tire Company 

Montrose Mfg. Company 

Moon Motor Company of Boston 

Morgan Motor Truck Company. (Organized May 25, 

1909) 
Murphy- Walker Insurance Agency, Inc. 
Music Publishing Company 
Mutual Coal Company of Fitchburg, Mass. 
Naivete Supply Company 
Natick Gas & Electric Company 
National Amusement Company 
National Arts Publishing Company 
National Blank Book Company 
National Comedy Company 
National Investment Company, The 
National Oil Company of Cuba, The 
National Shoe Company 
National Votometer Company 
Needham Gas Company, The 
Never Clog Salt-Shaker Company 
New England Amusement Company of Worcester 
New England Auto Specialties Company 
New England Automatic Machine Company 
New England Barrel Company, incorporated 
New England Baseball Association 
New England Candle Company, The 
New England Cereal Company 
New England Engine & Supply Company 
New England Farm Development Company 
New England Hardware & Paint Company, The 
New England Index Co., The 
New England Nurseries (Inc.), The 
New England Pant Co. 
New Hampshire Dining Parlors, Inc. 
New Salem Co-operative Creamery Company 



Acts, 1913. — Chap. 277. 211 

New Stock Opera Company, The Corporations 

New York Importers Tea Company 

Newbur}T)ort Herald Company, The 

Newton F'arms Inc. 

Noiseless Typewriter Sales Co. 

Norfolk School 

Norris F. Comley Conservatories 

North Manufacturing Company 

North Shore Poultry Company, Inc. 

Northampton Company, The 

Northern Fruit Company, The 

Norwich. Belting Company 

Novelty Amusement Company 

Nue Departure Laundry Company, The 

O. K. Shank Company, The 

O. L. Fern Company 

O'Brien Brothers Company 

O'Donnell Dry Goods Company 

Old South Lunch Incorporated 

Olympic Amusement Company 

Olympic Amusement Operating Company 

Orchard Lumber Company 

Ormond Art Company 

Ott and Wallin, Inc. < 

Otto Sales Co. of N. E. 

Oxford Box and Printing Company 

P. & L. Provision Co., The 

P. G. Rice Company 

P. H. P. Motor Truck Company, The 

P. J. Imberger & Son, Incorporated 

Page & Symmes Company 

Paige Electric Sign Company 

Palatable Distilled Water Company 

Palmer-Densmore Co. 

Parahide Mfg. Co. 

Park Hill Orchards, Inc. 

Patrons Co-operative Association 

Paul Revere Raincoat Company, Incorporated , 

Pearl Economy Pad Company 

Peerless Petticoat Company, Inc. 

Pentucket Narrow Fabric Mills 

Pentucket Shoe Trimming Company 

Peoples Co-operative Grocery Company, The 

Percy Heilner and Son Incorporated of Massachusetts 



212 Acts, 1913. — Chap. 277. 

dSXedi'"^ Perfect Sealing Jar & Bottle Company 

Permanent Letter Soap Corporation 
Phoenix Machine Company, The 
Pickard Bros. Motor Car Company 
Pilgrim Candy Shop, Inc. 

Pittsfield Baseball and Athletic Association, Inc. 
Plaza Drug Company 
Plummer Electric Co. 
Plymouth Theatre Company 
Polar Mining and Dredging Company 
Policy-Holders' Adjustment Company 
Polish Co-operative Company of North Abington, The 
Polish White Eagle Association, The 
Portuguese Grocery Company 
Prexite Comb Company 
Priggen-Johnson Company 
Prince Medicine Company, The 
Princeton Electric Co. 
Procter Brothers Company, The 
Proctor Automobile Company 
Prudential Securities Company 
Public Coal Company 
Pulpwood Corporation 

Punctureless Tire Co., of Massachusetts, The 
Purdy Shoe Company, The 
Puritan Electric Company 
Puritan Laundry Company 
Puritan Preserving Company 
Q. A. Towns Extracting Company 
Quinsigamond Lake Steamboat Company 
R. F. Hawkins Iron Works, The 
R. H. Long Machinery Company 
R. H. Messer Company 
R. Minton Company 
Rainbow Fuel Company 
Rainbow Importing Company 
Rand Paint Company, The 
Red Deer Farming Company 
Regent, Inc., The 
Reid Machine Company 
Reversible Rubber Heel Company, The 
Rhode Island Machinery Company, The 
Richard A. Crooker Company 
Richard J. Burton Co. 



Acts, 1913. — Chap. 277. 213 

Ricker Paint Company Corporations 

Ricketts & Bermingham, Incorporated ^^ ^^ ' 

Riverside Waist Company 

Robbins Lumber Company, The 

Robert B. Ward well Company 

Rogers- Williams Automobile Company 

Roundy Mfg. Co. 

Roxbury Real Estate Association of Boston 

Royal Novelty Company 

Royal Theatre and Amusement Company 

Rupert & Apt Restaurant Company 

Russ, Eveleth and Ingalls Company 

S. B. Butler Co. 

S. C. G. Motor Company 

S. Du Moulin Company 

S. H. Knox Co. 

St. James Theatre Company 

Salem Bay Steamboat Company 

Salem Counter Company 

Salisbury Beach Aqueduct Company 

Salsea Company 

Samuel Orkin Incorporated 

Samuel S. Vinal Company 

Saunders Sales Company 

Sawyer Market Company 

Saxtons River Soapstone Company 

Seaside Foundry, Inc., The 

Secret Serviceable Shoe Company 

Security Company, Limited 

Sellar Surgical Co. 

Sheedy Theatre Company 

Sherick & Brash Company 

Shiro Takaba Co. 

Shoe City Coat & Cap Co., The 

Shurlite Company 

Simplex Dyeing Machine Company 

Simplicity Air-Craft Company 

Siro Manufacturing Company 

Six Per Cent. Loan Company 

Smith and Wesson, Incorporated 

Solomon Melbourne Company, The 

Somerville Baseball Club, Inc. 

Sonoma Stable Company 

South End Investment Company, The 



214 Acts, 1913. — Chap. 277. 

Srssdved.''''" South Framingham Hat Co. 

South Shore News PubKshing Company 

Southern Utihzation Company 

Southern Vermont Light & Power Company 

Spofford Drug Company 

Springfield Cement Block and Brick Company, Inc. 

Springfield Co-operative Milk Association, The 

Springfield Drop Forging Company 

Springfield Elevator and Pump Company, The 

Springfield Fruit and Produce Company 

Springfield Installment Company 

Springfield Knitting Company 

Spurr Addressing Machine Company 

Squantum Inn, Inc. 

Standard Auto Supply Co. (Organized March 3, 

1911) 
Standard Cordage Company 
Standard Creamery Co. 
Standard Labeling Machine Company 
Standard Laundry Company of Boston, The 
Standard Mailing Company 
Standard Motor Car Company of Massachusetts 
Standard Sales Company 
Standard Specialty Sales Company 
Standard Stoneware Company 
Stanley Liquid Soap Company 
Stanley-Porter Co., Inc. 
Star Credit Company 
Steam Vacuum Cleaner Company 
Stephenson and Saeger Company 
Stoneham Shoe Stock Company 
Stratton Level Company 
Strauss Amusement Company 
Stronglite Package Company 
Suffolk Amusement Company 
Suffolk Desiccated Egg Co. Inc. 
Suffolk Leasehold Company 
Suffolk Motor Company 
Suffolk Supply Co. 
Sun Novelty Company, The 
Sure Foot Ice Creeper Company 
Swendeman Water Cooling Tower Company, The 
Swiss Cleansers and Dyers Inc. (Organized Jan. 26, 
1912) 



Acts, 1913. — Chap. 277. 215 

T. W. Howard Leather Company d^^Jd?"" 

T. W. O'Connor Company 

Tarr Marine Paint Company 

Taub-Scott Company 

Taunton Hosiery Co., The 

Taunton Sheffield Plate Company 

Taxa, "Incorporated" 

Telephone Improvements Company 

Tenexine Glue Company 

Ter-Min Exigencies Company 

Thomas C. Lee Insurance Agency, Incorporated, The 

Thomas O'Callaghan Company 

Thomas R. Smith Co. 

Thomas Wood Company 

Thorndike Lane Company 

Thorndike Manufactm-ing Company 

Tlu-asher Diamond Finish Co. 

Thurston Associates Limited 

Touraine, Skirt Company 

Towse Railway Publishing Company 

Tremont Garage Company 

Tremont Worsted Company 

Tribune Building Company 

Trimount Lumber Company 

Tucker-Emerson Company, The 

U. S. Finance Co. 

Union Cast Steel & Iron Company 

Union Oil and Chemical Company, The 

Union Shoddy Mills, Inc. 

Union Stove Lining Company 

Union Telephone and Telegraph Company of Massa- 
chusetts 

United Associates Inc. 

United Commercial Company 

United Heel Company 
• United Machine Tool Company, The 

United Provision Co. 

United States Electric Heating Company 

United States Loan Association 

United States Sand Blast and Waterproofing Company 

United Stationery Company 

Universal Marine Company, The 

University Garage Inc. 

Upton Investment Company, The 



216 Acts, 1913. — Chap. 277. 

SaKd""' Vasil Company, The 

Vera Motor Car Company 

W. A. De Merritt Drug Co. 

W. A. Lytle Company 

W. & R. Manufacturing Company 

W. B. Nelson Company 

W. C. Townsend Co. 

W. T. Cardy & Sons Company, The 

W. E. Benson Coal Company 

W. E. Bonney Manufacturing Company, Inc., The 

W. F. Embree Company, The 

W. H. Magrath Cigar Company 

W. H. Roberts Company 

W. J. Lamb Company 

W. N. Roberts Co. 

W. W. Phillips Heating Co., The 

W. W. Steere Company, The 

Wa-Wan Press, Incorporated, The 

Wage Earner Press, The 

Wage Earner Publishing Company, The 

Waldorf Lunch Company 

Waldorf Lunch of Providence, Inc. 

Waldron Shoe Co. 

Wamsutta Hotel Company 

Wanoosnoc Power Company 

Warren Manufacturing Company 

Warren Specialty Manufacturing Companj^, The 

Webster Felt and Rubber Company 

Welch Motor Car Company of New England 

West End Association, Incorporated 

Westfield Foundry & Valve Co. 

Weston Electric Light Company 

White House Lunch Co. 

Whiting Auto Wheel Company, The 

Whitney Reed Chair Company 

Wilbur M. Russell Box Company 

Wilkes Amusement Company, The 

Wilkins, Thompson Company 

William Oswald Company 

Winch Brothers Company 

Window Appliance Manufacturing Company 

Winthrop Hygeia Ice Company 

Woburn Leather Company 



Acts, 1913. — Chap. 278. 217 

Wonderland Amusement Company Corporations 

Worcester Compressed Air House Cleaning Company '^*' ""^ ' 
Worcester Co-operative Rag & Metal Company 
Worcester Horse Sale Company 
Worcester Improved Ironing Board Company 
Worcester Lumber Company 

Worcester, Massachusetts, Lithuanian Co-operative As- 
sociation, Incorporated, The 
Worcester Theatre Association 
Wordell Plumbing Co., The 
Wray JVIanufacturing Company 
Yorktown Cement Corporation 

Section 2. Nothing in this act shall be construed to Pending suits 
affect any suit now pending by or against any corporation ^ot affected, 
mentioned in the first section hereof, nor any suit now pend- 
ing 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 pre- 
viously dissolved, nor to make valid any defective organiza- 
tion of any of the supposed corporations mentioned in said 
first section. 

Section 3. Suits upon choses in actions arising out of Proceedings 

11 '11 • Till"* suits upon 

contracts sold or assigned by any corporation dissolved by choses in 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assignment and 
of purchase by the plaintiff' shall be set forth in the writ or 
other process; and the defendant may avail himself of any 
matter of defence of which he might have availed himself in 
a suit upon the claim by such corporation, had it not been 
dissolved by this act. 

Section 4. This act shall take effect upon its passage. 

Apjjroved March 12, 1913. 



Chap.278 



An Act relative to the membership of william j. bon 
ning in the fire department of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. William J. Bonning, who was at one time a Reinstate- 



member of the regular fire department of the city of Boston muLm 
and who resigned from said department on January twent}'- fre°di°lrt° 
first, nineteen hundred and eight, may, with the approval of S'®"*' °^ 



218 



Acts, 1913. — Chaps. 279, 280. 



Certain 
deposit of 
money may be 
transferred to 
Beverly 
Branch of the 
Massachusetts 
Police Asso- 
ciation Relief 
Fund. 



the fire commissioner, be restored to a position in the regular 

department without undergoing a civil service examination. 

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

Approved March 12, 1913. 

Chap.279 An Act to transfer certain funds to the beverly 

BRANCH OF THE MASSACHUSETTS POLICE ASSOCIATION 
RELIEF FUND. 

Be it enacted, etc., as follows: 

Section 1. Schuyler S. Bartlett, executor of the will of 
Henry Lee, late of Brookline, is hereby authorized to transfer, 
assign, set over and convey to the trustees of the fund known 
as Beverly Branch of the Massachusetts Police Association 
Relief Fund, the sum of two thousand one hundred sixty- 
two dollars and twenty-one cents now on deposit in the 
Provident Institution for Savings in the Town of Boston, in 
the name of Henry Lee, trustee for state constables, deposit 
book number sixty-three thousand five hundred and fifteen, 
less any charges that may be deducted therefrom in accord- 
ance with a decree of the court and the said trustees are 
hereby authorized to receive said sum and to hold, manage 
and dispose of the same as if it were in all respects a part of 
said relief fund. 

Section 2. The authority hereby granted shall be ex- 
ercised only in case a decree shall have been entered in the 
supreme judicial court, sitting in equity in some county, 
vesting title to said bank deposit in the commonwealth. 

Section 3. This act shall take effect upon its passage. 

Approved March 12, 1913. 

Chap. 280 An Act to authorize the mayor of the city of boston 

TO GRANT PERMITS FOR SPECIAL MOVING PICTURE EX- 
HIBITIONS IN CHURCHES, HALLS OR OTHER BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Boston may grant 
permits in writing for special exliibitions of moving pictures 
in churches, halls or other buildings in that city which, in 
his opinion, are in safe condition for such exliibitions, and 
he may prescribe regulations for the proper conduct of the 
same: provided, however, that such special exhibitions shall 
be subject to the laws of the commonwealth and the regula- 
tions of the district police relating to the use of the cine- 
matograph or similar apparatus. 



Transfer to be 
made only in 
case of certain 
decree, etc. 



Mayor of 
Boston may 
grant permits 
for special 
moving 
picture 
exhibitions. 



Proviso. 



Acts, 1913. — Chaps. 281, 282. 219 

Section 2. A fee of two dollars shall accompany each ^ee. 
application for a permit hereunder. 
Section 3. Tliis act shall take effect upon its passage. 

Approved March 12, 1913. 



An Act relative to the sale of certain horses. Chav 281 
Be it enacted, etc., as follows: 

Section one of chapter one hundred and eisrhty-five of ^^oe, iss § i, 

1 PI • 111 i-'ii amended. 

the acts oi the year nnieteen hundred and six is hereby 

amended by inserting after the word "auction", in the third 

line, the words : — or for any person to sell at private sale, — 

and also by adding at the end of the section : — But this 

section shall not be construed to prohibit the purchase of 

animals by humane societies incorporated under the laws of 

this commonwealth for the purpose of humanely killing the 

same, — so as to read as follows: — Section 1. It shall be saieof 

unlawful for any person holding an auctioneer's license to pr^Mbited"*'^ 

receive or offer for sale or to sell at public auction, or for 

any person to sell at private sale, any horse which by reason 

of debility, disease or lameness, or for other cause, could not 

be worked in this commonwealth without violating the 

laws against cruelty to animals. But this section shall not ^°\J^. 

be construed to prohibit the purchase of animals by humane purchase in 

• , . • ,1 1 ii 1 J" J^^ • ixi- certain cases. 

societies incorporated under the laws ot this commonwealth 
for the purpose of humanely killing the same. 

Approved March 12, 1913. 



An Act relative to the chelsea police relief asso- /^t,^^ ooo 

ciation. ^' 

Be it enacted, etc., as foUoivs: 

Section 1. The Chelsea Police Relief Association, which Payment of 

.11,1 11 1 death benefits 

IS incorporated under the general laws, may pay such sum as by cheisea 
may be fixed by the association as a death benefit upon the A^'oda^om^ 
death of the wife of any member of the association. 

Section 2. A member of the Chelsea Police Relief As- Certain per- 
sociation who resigns or is honorably discharged from the coStiJTued ^ 
police force of the city of Chelsea may continue to be a mem- members. 
ber of the said association for such purposes and under such 
regulations as the association may determine. 

Section 3. This act shall take effect upon its passage. 

Approved March 12, 1913. 



220 



Acts, 1913. — Chaps. 283, 284. 



Appropriation, 
directors of 
the port of 
Boston. 



Chap, 283 An Act making an appropriation for the salaries and 

EXPENSES OF THE DIRECTORS OF THE PORT OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The sum of eighty-five thousand dollars is 
hereby appropriated, to be paid out of the Port of Boston 
Fund, 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 hundred and thirteen, as authorized 
by chapter six hundred and sixty-three of the acts of the year 
nineteen hundred and twelve. 

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

Apiwoved March 12, 1913. 



Chap. 2S4i An Act making appropriations for the compensation 
and expenses of the board of commissioners on 
fisheries and game. 

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 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 thirteen, to wit : — 

For compensation of the commissioners, a sum not ex- 
ceeding sixty-one hundred and thirty dollars. 

For travelling and other expenses, including printing and 
binding the annual report, a sum not exceeding forty-one 
hundred and seventy-five dollars. 

For clerical services, a sum not exceeding forty-one hundred 
and forty dollars. 

For enforcement of the laws relating to fisheries and 
game, for the propagation and distribution of fish, birds and 
other animals, and for rent and maintenance of hatcheries, 
a sum not exceeding seventy-two thousand tliree hundred 
and sixty-five dollars. 

For stocking great ponds with food fish, a sum not ex- 
ceeding five hundred dollars. 

For stocking brooks with food fish, a sum not exceeding 
one hundred dollars. 

For the protection of lobsters with eggs attached, a sum 
not exceeding twenty-five hundred dollars. 



Appropria- 
tions, com- 
missioners on 
fisheries and 
game. 



Commis- 
sioners, com- 
pensation. 

Travelling 
expenses, etc. 



Clerical 

services. 



Enforcement 
of laws, etc. 



Stocking 
great ponds. 

Stocking 
brooks. 

Protection of 
lobsters. 



Acts, 1913. — Chap. 285. 221 

For the establishment of fish hatcheries and the propagation Establishment 
of food and game fish, a sum not exceeding eight thousand eries^, etc^*'' ' 
dollars. 

For the establishment of state bird and game preserves, state bird and 
and the protection and propagation of wild birds and quad- fervlsfet^. 
rupeds, a sum not exceeding eleven thousand seven hundred 
dollars. 

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

ApiJroved March 12, 1913. 

An Act making appropriations for deficiencies in Chap.285 

APPROPRIATIONS FOR CERTAIN EXPENSES AUTHORIZED IN 
THE YEAR NINETEEN HUNDRED AND TWELVE. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are hereby Appropriations, 
appropriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for certain expenses in 
excess of the appropriations therefor in the year nineteen 
hundred and twelve, to wit : — 

For printing and binding ordered by the senate and house Printing and 
of representatives, or by concurrent order of the two branches, and^ho^!"^*^ 
the sum of forty-six hundred nineteen dollars and forty-seven 
cents. 

For reimbursing certain officials for premiums paid for Reimburse- 
procuring sureties on their bonds, the sum of four hundred Sfficiafs for 
ninety-four dollars and ten cents. expenses. 

For incidental and contingent expenses of the secretary Expenses, 
of the commonwealth, the sum of one hundred eighty-four department. 
dollars and sixty-five cents. 

For the purchase of paper used in the execution of the Purchase of 
contract for state printing, the sum of ninety-six hundred ^^^'^' 
forty-one dollars and sixty-four cents. 

For expenses in connection with primary elections, the Primary 
sum of eighty-four hundred four dollars and ninety-five cents. *''^*'°°^- 

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, the sum of one hun- 
dred ninety-six dollars and forty-nine cents. 

For furnishing cities and towns with ballot boxes, and for BaUot boxes. 
repairs to the same, the sum of one hundred eighty-one 
dollars and fifteen cents. 

For certain expenses of the land court, the sum of five Land court. 
hundred ninety-five dollars and fifty-four cents. 



222 



Acts, 1913. — Chap. 286. 



Report of 

trustees of 
Massachusetts 
Agricultural 
College. 

Travelling 
expenses, etc., 
of trustees. 



Report upon 
game birds. 



Damages by 
wild deer. 



Penikese 
hospital. 



1907, 560, § 73. 
etc., amended. 



For printing and binding the reports of the trustees of the 
Massachusetts Agricultural College, the sum of two hundred 
eighty-six dollars and sixty-five cents. 

For travelling and other expenses of the trustees of the 
Massachusetts Agricultural College, the sum of one hundred 
twenty-seven dollars and twelve cents. 

For printing a report upon game birds of the common- 
wealth, the sum of eight hundred seven dollars and nineteen 
cents. 

For the payment of damages caused by wild deer, the sum 
of fifty-six hundred eighty-two dollars and thirteen cents. 

For current expenses at the Penikese hospital, the sum of 
fourteen hundred sixty-nine dollars and ninety-two cents. 

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

Ajiprovcd March 12, 1913. 

Chap. 286 An Act relative to the listing and registration of 

VOTERS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section seventy-three of chapter five hundred and sixty of 
the acts of the year nineteen hundred and seven, as amended 
by chapter four hundred and forty of the acts of the year 
nineteen hundred and nine, is hereby further amended by 
striking out, in the thirty-third, thirty-fourth and thirty- 
fifth lines,- the words " first day of September, and no such 
person shall be listed or be given such certificate later than 
the twentieth day of September", and inserting in place 
thereof the words : — thirtieth day preceding a state or a 
municipal election, and no such person shall be listed or be 
given such certificate later than the twenty-first day pre- 
ceding such state or municipal election. The board shall not 
after the last day for making such application before a state 
election receive an application until after such election, — 
so that the third paragraph of said section, as amended, 
shall read as follows : — If the board, after investigation, is 
satisfied that such statements are true, it shall give such 
applicant a certificate that he was a resident of said city on 
said first day of April, or a certificate that he became a 
resident at least six months immediately preceding such 
election, as the case may be, which certificate shall state his 
name, age, occupation and residence on the first day of April 
in the current year or on the above date, as the case may be, 
and his residence on the first day of April in the preceding 



Certificate to 
be given in 
certain cases, 
etc. 



Acts, 1913. — Chap. 287. 223 

year; but no such application shall be received later than 
the thirtieth day preceding a state or a municipal election, 
and no such person shall be listed or be given such certifi- 
cate later than the twenty-first day preceding such state 
or municipal election. The board shall not after the last 
day for making such application before a state election re- 
ceive an application until after such election. 

Approved March 12, 1913. 



Chap.287 



An Act to authorize the town of Monterey to pur- 
ch.\se the lake garfield water rights and privileges. 

Be it enacted, etc., as follows: 

Section 1. The town of INIonterey is hereby authorized Town of 
to purchase the Lake Garfield water rights and privileges, purchase Lake 
consisting of a dam and rights of flowage of lands around ShSet^^*'''^ 
said Lake Garfield, in said Monterey, now owned by the 
Ousatonic Water Power Company, a foreign corporation of 
Derby, in the state of Connecticut; and if the town acquires 
said title, it shall maintain the water in said lake at a level 
not more than two feet below the bottom of the present spill- 
way. 

Section 2. Said town may appropriate money for the May issue 
purchase of said rights and privileges, and may issue serial *''"''^^' ^*°' 
bonds or notes to an amount not exceeding four thousand 
dollars, to meet any indebtedness incurred thereby. 

Section 3. For the purpose of carrying out the pro- May borrow 
visions of this act, the to^^^l of Monterey is hereby au- "'""^y- *'^°- 
thorized to borrow the sum of four thousand dollars, and to 
issue therefor twenty notes or bonds of the town for two hun- 
dred dollars each. Said notes or bonds shall be payable one Payment of 
each year, beginning not more than one year after the date '"idebtedncss. 
of issue, so that the whole of said debt shall be payable within 
twenty years from their date of issue. Said notes or bonds 
shall bear interest at a rate not exceeding five per cent per 
annum, payable semi-annually, and the amount required 
to pay the interest and that part of the principal maturing 
each year shall be raised by taxation, and shall, without 
further action by the town, be assessed annually by the 
assessors in the same manner in which other taxes are as- 
sessed, until the debt is extinguished. 

Section 4. The treasurer of the town of Monterey, with Treasurer 
the approval of the selectmen, is hereby authorized, without iSdebtlXess, 
further vote of the town, to incur indebtedness under the pro- FirtCr *vo°te* 

of town. 



224 



Acts, 



Chaps. 288, 289. 



visions of this act for which said town shall be liable, and to 
issue notes or bonds of the town therefor as hereinbefore 
provided. 
Section 5. This act shall take effect upon its passage. 

Ajyproved March 12, 1913. 



Chap.28S An Act to provide for the admission as evidence of 

ACCOUNTS KEPT IN THE REGULAR COURSE OF BUSINESS. 



Certain 
accounts may 
be admitted 
as evidence in 
civil pro- 
ceedings, etc. 



Be it enacted, etc., as follows: 

An entry in an account kept in a book or by a card system 
or by any other system of keeping accounts shall not be in- 
admissible in any civil proceeding as evidence of the facts 
therein stated because it is transcribed or because it is hear- 
say or self-serving, if the court finds that the entry was 
made in good faith in the regular course of business and be- 
fore the beginning of the civil proceeding aforesaid. The 
court, in its discretion, before admitting such entry in 
evidence, may, to such extent as it deems practicable or 
desirable but to no greater extent than the law has hereto- 
fore required, require the party offering the same to produce 
and offer in evidence the original entry, writing, document or 
account, or any other froin which the entry offered or the 
facts therein stated were transcribed or taken, and to call as 
his witness any person who made the entry offered or the 
original or any other entry, writing, document or account 
from which the entry offered or the facts therein stated 
were transcribed or taken, or who has personal knowledge of 
the facts stated in the entry offered. 

Approved March 12, 1913. 



Chap.289 An Act to empower special justices of the municipal 

COURT OF THE CITY OF BOSTON AND OTHER SPECIAL JUS- 
TICES TO ACT IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. The special justices of the municipal court of 
the city of Boston shall at all times have and exercise all the 
powers and duties of a justice of said court to render de- 
cisions, make orders, and do such other acts as they may 
deem necessary or proper in connection with or relating to 
matters which have been heard before them while holding a 
session of said court under the provisions of section fifty- 



Powers and 

duties of 
special 

justices of the 
municipal 
court of 
Boston. 



Acts, 1913. — Chaps. 290, 291. 225 

seven of chapter one hundred and sixty of the Revised 
Laws. 

Section 2. Special justices of poUce, district and munic- Powers and 
ipal courts, except the municipal court of the city of Boston, s^Si° 
shall at all times have and exercise all the powers and duties if^|^*it^e, 
of the justice of said court so far as to render decisions, make Jljunlc^p^'^ 
orders, and perform such other acts as they may deem nee- '^'^*'^ 
essary or proper in connection with or relating to matters 
which have been heard before them while holding a session 
of said court under the provisions of section forty-one of 
said chapter one hundred and sixty. 

Section 3. This act shall take effect upon its passage. 

Approved March 12, 1913. 

An Act to authorize the adding of interest to dam- (7/jflr>.290 

AGES AWARDED FOR DEATH CAUSED BY NEGLIGENCE. 

Be it enacted, etc., as follows: 

Section 1. In any suit at law hereafter brought in which interest to be 
a verdict is given for pecuniary damages for the death, with dam'agea 
or without conscious suffering, of any person, whether or drsuh clu^d 
not such person was in the employ of the defendant whose ^^ negligence, 
negligence is determined to have been the cause of death, 
there shall be added to the amount of the verdict interest 
thereon from the date of the writ. 

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

Approved March 12, 1913. 

An Act relative to investments of savings banks and nhnr. 291 

INSTITUTIONS FOR SAVINGS. 

Be it enacted, etc., as follows: 

Section sixty-eight of chapter five hundred and ninety of i908, 590, § 68, 
the acts of the year nineteen hundred and eight, as amended, 
is hereby further amended by inserting after clause Thirteenth 
thereof the following: — 

BONDS NOT TO BECOME ILLEGAL BY REASON OF TEMPORARY 
failure to MEET LEGAL REQUIREMENTS. 

Fourteenth. Bonds which at any time hereafter have been Certain bonds 
for ten successive years legal investments under the pro- mega?,ete?™^ 
visions of subdivisions a, b, c, or d of clause Third, clause 
Fifth or clause Sixth of this section shall not be rendered 



226 



Acts, 1913. — Chaps. 292, 293. 



Proviso. 



illegal although the corporation issuing, assuming or guaran- 
teeing such bonds shall fail for a period not exceeding two 
successive years to comply as to dividends on its capital 
stock, with the requirements of the clauses specified above; 
but no further investment in the bonds issued, assumed or 
guaranteed by such corporation shall be made during said 
period. If after the expiration of said period, such corpora- 
tion complies for the following fiscal year with the require- 
ments of the clauses specified above, it shall be regarded as 
having complied therewith dm-ing said period: provided, 
that it shall not have so failed to comply during any other 
period within the next preceding ten years. 

Ajrproved March I4, 1913. 

Chap. 2^2 An Act to confirm certain by-la w^s and acts of the 

ITALIAN CATHOLIC CEMETERY ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The by-laws of the Italian Catholic Ceme- 
tery Association, a corporation duly established in the year 
nineteen hundred and five under the general laws and sit- 
uated in the city of Boston, and the acts of said corporation 
in voting to issue and in issuing shares of capital stock and 
fixing the par value and the rights of stockholders thereof, 
are hereby confirmed and made valid to the same extent as 
if at that time the said corporation had authority to issue 
said stock and to fix the par value thereof and to adopt by- 
laws. 

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

Approved March 19, 1913. 



By-laws, etc. 

of Italian 

Catholic 

Cemetery 

Association 

confirmed. 



Chaj).2^Z An Act relative to the suppression of the gypsy and 

brown tail moths. 

Be it enacted, etc., as follows: 

The state forester is hereby authorized to expend for the 
suppression of the gypsy and brown tail moths and for ex- 
penses incidental thereto, the sum of seventy-five thousand 
dollars, the same to be in addition to any amount heretofore 
appropriated for this purpose; and any balance unexpended 
on December first, nineteen hundred and thirteen, may be 
used during the year nineteen hundred and fourteen. 

Approved March 19, 1913. 



Appropria- 
tion, suppres- 
sion of gypsy 
and brown 
tail moths. 



Acts, 1913. — Chaps. 294, 295. 227 



An Act relative to the organization of the bank Chap.294i 
commissioner's department. 

Be it enacted, etc., a^s follows: 

Section three of chapter five hundred and ninety of the loos, 59o,§3, 
acts of the year nineteen hundred and eight as amended by 
chapter five hundred and sixteen of the acts of the year 
nineteen hundred and twelve, is hereby further amended 
by striking out the words "and five examiners, who shall 
each receive an annual salary, to be approved by the gov- 
ernor and council", in the fifth and sixth lines, and in- 
serting in place thereof the words : — and such number of 
examiners and at such salaries as may be approved by the 
governor and council, — so as to read as follows: — Section 3. Deputy com- 

". . , • 1 1 1 j» 1 missioner, 

ilie commissioner may, with the approval oi the governor appointment, 
and council, appoint, and with their consent remove, a 
deputy commissioner to assist him in his duties, who shall 
receive an annual salary of thirty-five hundred dollars, and 
such number of examiners and at such salaries as may be 
approved by the governor and council. In case of a vacancy 
in the office of commissioner, or during the absence or dis- 
abiUty of that officer, the deputy commissioner shall per- 
form the duties of the office. The commissioner may em- cierks and 
ploy such clerks and assistants as the public business in his etc. 
charge may require, at salaries to be approved by the gov- 
ernor and council, and shall also be allowed necessary office 
expenses and the actual expenses incurred by him and his 
subordinates in travelling in the performance of official 
duties. The deputy commissioner, examiners, clerks and To give bonds, 
assistants shall give bonds with sureties to be approved by 
the commissioner, in such sum as he may require, for the 
faithful performance of their duties, the expense of procur- 
ing which shall be paid by the commonwealth. 

Approved March 19, 1913. 



An Act relative to the annual report of the trus- (Jjidoj 295 

tees of MASSACHUSETTS TRAINING SCHOOLS. 

Be it enacted, etc., as follotvs: 

Section 1. The trustees of Massachusetts training Reports of 

11 1 1 j^i'ij^ i*1j_'j_i' 1 Massachusetts 

schools are hereby authorized to consolidate in their annual training 



228 



Acts, 1913. — Chaps. 296, 297, 298. 



schools, etc., 
consolidated, 
etc. 



report the reports of all the institutions and departments in 
their charge, and to print two thousand copies thereof. 
Section 2. This act shall take effect upon its passage. 

Approved March 19, 1913. 



Chap. 296 An Act to provide for the better protection of crops 

FROM INSECT PESTS. 

Be it enacted, etc., as follows: 

Cities by a vote of the city council, and towns by a vote 
at town meeting, may appropriate money for the protection 
and encouragement of birds which live upon insects injurious 
to crops and trees. Such protection and encouragement 
may include the appointment and payment of bird wardens. 

Approved March 19, 1913. 



Protection, 
etc., of certain 
birds. 



Bird wardens. 



Chap.297 An Act to provide for the maintenance by the met- 
ropolitan PARK COMMISSION OF A RECREATION PARK OR 
PLAYGROUND ON CHARLES RIVER IN THE CITY OF WALTHAM. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission is here- 
by authorized and directed to maintain a public recreation 
park or playground, with the necessary appurtenances, on 
land heretofore taken by the commission on the bank of 
Charles river in the city of Waltham. 

Section 2. For the above purpose the sum of one 
thousand dollars is hereby appropriated, to be paid from 
the treasury of the commonwealth out of the Metropolitan 
Parks Maintenance Fund, and to be repaid to the common- 
wealth by the cities and towns in the metropolitan district 
in accordance with the pro\dsions of chapter four hundred 
and seven of the acts of the year eighteen hundred and ninety- 
three. 

Section 3. This act shall take effect upon its passage. 

Approved March 19, 1913. 



Playground 
may be main- 
tained on the 
bank of 
Charles river 
in Waltham. 



Appropriation. 



Chap. 298 An Act rel.\tive to sewer loans of the city of beverly. 

Be it enacted, etc., as follows: 
Limitations SectionI. The limitations upou the amouut of scwcragc 

upon amount pi • p-r» ii-ii ' 

of sewerage bouds of the City of Bevcrly authorized by chapter two 
city of hundred and fifty of the acts of the year eighteen hundred 



Acts, 1913. — Chap. 299. 229 

and ninety-three, by chapter two hundred and eighty-eight Beverly 
of the acts of the year nineteen hundred, by chapter one 
hundred and eighty-two of the acts of the year nineteen 
hundred and three, and by chapter one hundred and ten of 
the acts of the year nineteen hundred and six, shall not be 
construed as limitations upon the general power of the city 
of Beverly to issue bonds or notes for sewerage purposes, but 
as limitations merely upon the amounts thereof which are 
not to be reckoned in determining the statutory debt limit 
of the city. This act shall be applicable to all sewerage bonds 
or notes of said city whether heretofore or hereafter issued. 
Section 2. This act shall take effect upon its passage. 

Approved March 19, 1913. 



Chap.299 



An Act to establish a board of trustees of hospitals 
for the city of fall river. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River shall establish and f^^^^J^f^f 
maintain all its municipal hospitals and dispensaries now hospitals for 
existing or hereafter authorized through a board of trustees, Fau^Uver 
which shall have the sole and exclusive management thereof, *'^*^^''^''®'*- 
including all hospitals now managed and controlled by the 
overseere of the poor or by the board of health of said city, 
under the general or special laws of the commonwealth. 

Section 2, Said board of trustees shall consist of five Appointment, 
persons, who shall serve without compensation; one shall ®'''^^'®*''- 
be appointed annually by the board of overseers of the poor, 
subject to the approval of the mayor and to confirmation 
by the board of aldermen, one shall be appointed annually 
by the board of health, subject to the approval of the mayor 
and to confirmation by the board of aldermen, and three 
shall be appointed by the mayor and confirmed by the board 
of aldermen as follows: In the year nineteen hundred and 
thirteen one trustee shall be appointed to serve for one 
year; one to serve for two years, and one to serve for three 
years; and thereafter one trustee shall annually be appointed 
by the mayor, subject to confirmation by the board of alder- 
men, to serve for three years. The term of office of each 
of said trustees shall begin and end on the first Monday of 
February. 

Section 3. Section thirty of chapter three hundred and Repeal, 
ninety-three of the acts of the year nineteen hundred and 



230 



Acts, 1913. — Chaps. 300, 301. 



two, and all acts and parts of acts inconsistent herewith are 
hereby repealed. 
Section 4. This act shall take effect upon its passage. 

Approved March 19, 1013. 



Chap. SOO An Act relative to liens by persons maintaining 

PUBLIC GARAGES. 



Certain 
charges to 
constitute a 
lien upon 
automobiles, 
etc. 



Enforcement 
of lien. 



Be it enacted, 'etc., as follows: 

Section 1. Pei-sons maintaining public garages for the 
storage and care of automobiles and other motor vehicles 
which are brought to their premises or placed in their care 
by or with the consent of the owners thereof shall have a lien 
upon such automobiles or motor vehicles for proper charges 
due them for the storage and care of the same. 

Section 2. The lien hereby authorized may be enforced 
as provided in sections twenty-three to twenty-seven, in- 
clusive, of chapter one hundred and ninety-eight of the Re- 
vised Laws, except that the time for filing the petition 
and service of notice shall be as provided in section twenty- 
nine of said chapter. 

Section 3. This act shall take effect upon its passage. 

Approved March 19, 1913. 



Town of 
Whitman may 
supply water 
to certain 
inhabitants 
of the town 
of Hanson. 



C/iap. 301 An Act to authorize the town of whitman to supply 

water to inhabitants of the town of HANSON. 

Be it enacted, etc., as follows: 

Section 1. The town of Whitman is hereby authorized 
to furnish to the inhabitants of the town of Hanson who 
desire to purchase water from the town of Whitman, water 
for domestic or other purposes upon such terms as may be 
agreed upon by the town of Whitman and the takers of 
the water in the town of Hanson. For the above purpose 
the town of Whitman is hereby authorized to lay and con- 
struct such pipes and other works in the town of Hanson as 
may be necessary: provided, however, that all work done on 
the highways in the town of Hanson shall be under the 
direction and subject to the approval of the selectmen of 
that town. 

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

Approved March 19, 1913. 



Proviso. 



Acts, 1913. — Chap. 302. 231 



An Act making appropriations for sundry miscel- (Jhav 302 

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 commonwealth *'°"^' 
from the onUnary revenue, for the purposes specified, for 
the fiscal year ending on the thirtieth day of November, 
nineteen hundred and thirteen, to wit: — 

For expenses incurred in the construction and repair of Repair, etc.. 
roads in the town of ]\Iashpee during the year nineteen Mashpee. 
hundred and thirteen, the sum of three hundred dollars. 

For reimbm'sing certain officials for premiums paid for Reimburse- 
procuring sureties on their bonds, a sum not exceeding two Znain 
thousand dollars. °®*=^- 

For preliminary plans, specifications, and the hke, pro- Plans, etc., 
vided for by the act relative to the construction and improve- tk^iTTte.' oT 
ment of buildings, a sum not exceeding two thousand dollars, ''"'''''"ss. 

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

1 J J I 11 examiners' 

hundred dollars. fees. 

For the payment of damages caused by wild deer for the Damages by 

. J e ' j^ T wild deer. 

present year and tor previous years, a sum not exceedmg 
sixteen thousand dollars. 

For small items of expenditure for which no appropriations Smaii items 
have been made, and for cases in which appropriations have tu/e^^'eTc!^*' 
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 com- 
monwealth. 

For defraying the expenses of the headquarters of the Department 
department of Massachusetts, Grand Army of the Republic, ch^^ts," 
the sum of one thousand dollars. ^- ^- ^• 

For the salary of the second deputy in the office of the Second deputy 
secretary of the commonwealth, commencing February first, retary''of°thT'' 
a sum not exceeding two thousand eighty-three dollars and weaittT.'l'tc. 
tliirty-three cents ; and so much of the amounts appropriated 
by chapter thirty-three of the acts of the present year for the 
salaiy of Herbert H. Boynton, deputy, and for the present 
corporation clerk, as remained unexpended on February 
first shall revert to the treasury of the commonwealth. 

For the compensation of certain members of the com- Commission 
mission on the holdings of voluntary associations, as au- voiuntary^*"*^ 

associations. 



232 



Acts, 1913. — Ch/vp. 303. 



Travelling 
expenses of 
district 
attorneys, etc. 



Report of 
Connecticut 
Valley water- 
way board. 

Town of 

Westford. 



Commission 
to investigate 
certain water 
supplies. 



thorized by chapter one hundred and thirteen of the resolves 
of the year nineteen hundred and twelve, a sum not exceeding 
fifteen hundred- dollars, the same to be in addition to any 
amount heretofore appropriated for this purpose. 

For the travelling expenses of district attorneys and 
assistant district attorneys, for the present year and for 
previous years, a sum not exceeding five hundred dollars, the 
same to be in addition to any amount heretofore appropriated 
for tliis purpose. 

For printing the report of the Connecticut Valley water- 
way board, as authorized by chapter two of the resolves of 
the present year, a sum not exceeding five hundred dollars. 

For the town of Westford, as authorized by chapter three 
of the resolves of the present year, a sum not exceeding two 
hundred and sixteen dollars. 

For expenses of the commission appointed to investigate 
the subject of water supply for certain cities and towns, as 
authorized by chapter four of the resolves of the present year, 
a sum not exceeding twenty-five hundred dollars. 

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

Approved March 19, 1913. 



Sturdy 
Memorial 
Hospital 
established. 



C/iap.303 An Act to establish the sturdy memorial hospital in 

THE TOWN OF ATTLEBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Attleborough in 
accepting the devise of certain real estate in that town, and 
the bequest of certain personal property, both given by Ellen 
A. Winsor, late of said town, deceased, by her will dated 
April third, nineteen hundred and eleven, for the establish- 
ment and maintenance of a memorial hospital for the use of 
the inliabitants of said town and of such other persons as the 
hospital may be able to provide for, to be called the Sturdy 
Memorial Hospital; the trust instrument dated September 
fifth, nineteen hundred and twelve, conveying the said real 
estate to the Attleborough Hospital, a corporation duly 
established by law, and providing for the establislmient, 
maintenance and operation of the said hospital by the said 
corporation, for the purposes set forth in said will and 
in said trust instrument; the action of the town in appoint- 
ing a committee to designate in its behalf the trustee of the 
said endowment fund; and the action of the said committee 



Acts, 1913. — Chap. 304. 233 

in designating the said Attleborough Hospital as trustee of 
the said endowment fund, are hereby ratified and confirmed. 

Section 2. The Attleborough Hospital, as trustee as ThoAttie- 
aforesaid, shall establish, maintain and operate the said HoTi^tai to 
hospital under the name of Sturdy Memorial Hospital, in etc.'^ f^stee, 
accordance with the provisions of said will and of said trust 
instrument; and the Attleborough Hospital is hereby au- 
thorized to receive and administer the said endowment fund 
as trustee as aforesaid, and is fm*ther authorized to receive 
and administer all funds, gifts and bequests which have been 
or may hereafter be received or held b}'- it, or by the town of 
Attleborough, for the purposes aforesaid. 

Section 3. The said Attleborough Hospital shall render To make 
annually to the town a report of its proceedings with respect etc""* ^^^ ' 
to the said real estate, endowment fund and hospital, a state- 
ment of the condition of the property, including all gifts or 
bequests hereafter made, an account of the work done by 
the hospital during the preceding year, and also a detailed 
statement of all receipts and expenditiues of the hospital 
during the preceding year, together with such other informa- 
tion or suggestions as the trustees or officers of the hospital 
may deem expedient, or as the town may at any time require. 

Section 4. Nothing in this act shall be construed to Not to affect 
alter or impair any trust created by said will; and the Attle- obiigitioM! ' 
borough Hospital, acting tlirough its trustees, board of man- ^**'- 
agers and other proper officers, shall be deemed the trustee 
and agent of the town of Attleborough for the proper exe- 
cution of all trusts arising under the provisions of said will. 
Nothing in this act shall be construed as releasing the town 
of Attleborough from any obligation arising from its accept- 
ance of the devise and bequest made by the said will, or 
from any condition made therein. 

Section 5. This act shall take effect upon its passage. 

Approved March 19, 1913. 



An Act making an appropriation for the soldiers' C/iax>.304 

home in MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Section 1. The sum of ninety-two thousand dollars is Appropriation, 
hereby appropriated, to be paid out of the treasury of the i^mIssI."*""^ 
commonwealth from the ordinary revenue, to the trustees ^husetts. 
of the Soldiers' Home in Massachusetts, toward the support 



234 



Acts, 1913. — Chaps. 305, 306. 



of the home, as authorized by chapter ten of the resolves of 
the present year, tliis amount to be paid in equal quarterly 
instalments. 
Section 2. Tliis act shall take effect upon its passage. 

Approved March 19, 1913. 



Chap.S05 An Act relative to the dissolution of- attachments. 
Be it enacted, etc., as jollows: 



R. L. 167, 

in2, 

amended. 



Dissolution of 
attachment 
by death of 
defendant, etc. 



Section 1. Section one hundred and twelve of chapter 
one hundred and sixty-seven of the Revised Laws is hereby 
amended by adding at the end thereof the words : — But no 
attachment of property, real or personal, shall be so dissolved 
upon that part of the property which the debtor had alien- 
ated before his decease, — so as to read as follows : — Section 
112. An attachment of real or personal property shall be 
dissolved if the debtor dies before it is taken or seized on 
execution and administration of his estate is granted in this 
commonwealth upon an application therefor made within 
one year after his decease. The attaching officer shall also, 
upon demand, and upon receiving from the executor or ad- 
ministrator of such debtor so appointed his legal fees and 
charges for attaching and keeping the property attached by 
him, deliver it to such executor or administrator. But no 
attachment of property, real or personal, shall be so dis- 
solved upon that part of the property which the debtor had 
alienated before his decease. 

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

Approved March 19, 1913. 



Chap.SOQ An Act to authorize the city of medford to make an 

ADDITIONAL LOAN FOR CONSTRUCTING SEWERS. 

Be it enacted, etc., as follows: 

Section 1. The city of Medford, for the purpose of pay- 
ing the expenses and liabilities incurred or to be incurred for 
sewerage purposes under chapter one hundred and eighty of 
the acts of the year eighteen hundred and ninety-three, may 
issue from time to time bonds or notes to an amount not 
exceeding seventy-five thousand dollars in addition to the 
amount authorized to be issued by said chapter and by 
chapter two hundred and ninety-six of the acts of the year 



Medford 
Sewerage 
Loan, Act of 
1913. 



Acts, 1913. — Chap. 306. 235 

nineteen hundred and nine, and the same shall not be 
reckoned in determining the statutory limit of indebtedness 
of the city. Such bonds or notes shall bear on their face the 
words, Medford Sewerage Loan, Act of 1913, and shall be 
payable by such annual payments, beginning not more than 
one year after the respective dates thereof, as will extinguish 
each loan \\ithin tliirty years from its date, and the amount 
of such annual payment of any loan in any year shall not 
be less than the amount of the principal of said loan pay- 
able in any subsequent year. Each authorized issue of bonds 
or notes shall constitute a separate loan. Said bonds or 
notes shall bear interest, payable semi-annually, at such 
rate, not exceeding four and one half per cent per annum, as 
the mayor and aldermen of the city may determine. The 
said secm-ities shall be signed by the mayor and the treasurer 
of the city, and countersigned by the auditor, and the 
city may sell the same or any part thereof at public or 
private sale; but they shall not be sold for less than their 
par value. 

Section 2. The said city shall, at the time of authorizing Payment of 
said loan or loans, pro\'ide for the payment thereof in accord- 
ance with section one of this act; and when a vote to that 
effect has been passed, a sum which, with the income de- 
rived from assessments, rates or payments made in lieu 
thereof, will be sufficient to pay the annual expense of 
operating its sewerage system, and the interest as it accrues 
on the bonds or notes issued as aforesaid by the 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 b^'^ the assessors of the city annually thereafter, 
in the same manner in which other taxes are assessed, until 
the debt inciu-red by said loan or loans is extinguished. 

Section 3. The costs and expenses incurred by the city Proceeds of 
under authority of chapter one hundred and sixty-two of the etc^.^mayle^' 
acts of the year eighteen hundred and ninety-four, except certli^wtta, 
for construction of walks or ways, may be paid by appro- ^**'' 
priations from the proceeds of the sale of any securities 
issued under authority hereof. 

Section 4. The amount which the city of Medford may Amount which 
borrow in any one year under authority of this act, shall birrrowl!.d 
not exceed fifteen thousand dollars. li^ted.^ 

Section 5. This act shall take effect upon its passage. 

AyiJroved March 19, 1913. 



236 



Acts, 1913. — Chaps. 307, 308, 309. 



Chap. 307 An Act relative to equitable defences in answers. 
Be it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter one hun- 
dred and seventy-three of the Revised Laws is hereby 
amended by striking out the period at the end of said section 
and inserting in place thereof a semicolon and the words : — 
and such defence shall be available in any court where said 
action is pending, — so as to read as follows : — Section 28. 
The defendant may allege in defence any facts which would 
entitle him in equity to be absolutely and unconditionally 
relieved against the plaintiff's claim or cause of action or 
against a judgment recovered by the plaintiff in such action; 
and such defence shall be available in any court where said 
action is pending. 

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

Api^roved March 19, 1913. 



R. L. 173, § 28, 
amended. 



Equitable 
defences 
available in 
any court, 
etc. 



C/iap.308 An Act relative to the reinstatement of dennis f. 

COURTNEY IN THE FIRE DEPARTMENT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The fire commissioner of the city of Boston 
is hereby authorized to reinstate as a member of the fire de- 
partment Dennis F. Courtney, who resigned from the de- 
partment on account of illness. 

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

Approved March 19, 1913. 



Reinstate- 
ment of 
Dennis F. 
Courtney in 
fire depart- 
ment of 
Boston. 



R. L. 167, § 35, 
amended. 



Chap. 309 An Act relative to the service of writs. 

Be it enacted, etc., as follows: 

Section thirty-five of chapter one hundred and sixty-seven 
of the Revised Laws is hereby amended by striking out, in 
the ninth and tenth lines, the words "and another like copy 
with the mayor, clerk or one of the aldermen of the city, or", 
and inserting in place thereof the words : — or, in case of 
the absence of the treasiu'er of a town from the town of 
which he is treasurer, — so as to read as follows : — Section 
35. In an action against a county, the summons shall be 
served by leaving an attested copy thereof with the county 



Service of 
summons on 
certain cor- 
porations, etc. 



Acts, 1913. — Chap. 310. 237 

treasurer and with one of the county commissioners or one 
of the officers who by law exercise the powers of county 
commissioners. In an action against a city, town, parish or 
reUgious society, or against the proprietors of wharves, 
general fields or real estate Ijing in common, the summons 
shall be served by leaving an attested copy thereof with the 
treasurer of the corporation or of the proprietors, or, in case 
of the absence of the treasurer of a town from the town of 
which he is treasiu-er, with one of the selectmen of the town, 
or with one of the assessors or standing committee of the 
parish or religious society, or with one of the proprietors of 
such land or other estate, as the case may be; and if no such 
treasiu-er is found within the county, the copy shall be left 
with one of the other officers before mentioned, or with one 
of said proprietors; and if there are no such officers, the copy 
shall be left with one of the inhabitants of the county, city 
or town, or with one of the members of the corporation. 

Approved March 10, 1913. 



An Act to permit certain employees of the common- njidj) 3]^q 

WEALTH TO BECOME MEMBERS OF THE STATE EMPLOYEES' 
RETIREMENT ASSOCIATION. 

Be it enacted, etc., a* follows: 

Section 1. Any person who has heretofore given notice Certain 
in writing to the insurance commissioner that he did not Eecome mem- 
wish to join the retirement association established by chapter employees*^ 
five hundred and thirty-two of the acts of the year nineteen ^'j^^^^o* 
hundred and eleven, in accordance with clause (1) of section 
three thereof, may become a member of the said association: 
provided, that he gives notice in writing to the insiu'ance Proviso, 
commissioner during the calendar year nineteen hundred 
and thirteen that he desires to become a member of the 
association. 

Section 2. The pension for prior service of any person petermina- 
becoming a member of the retirement association under the pension for 
provisions of this act shall not be based upon or include any p"""" ' 
allowance for the period of time between the first day of 
June, nineteen hundred and twelve, and the date when such 
person becomes a member of the association. 

Section 3. This act shall take effect upon its passage. 

Approved March 19, 1913. 



• service. 



238 



Acts, 1913. — Chap. 311. 



Chap. 311 An Act relative to the forms for the collection of 

TAXES. 

Be it enacted, etc., as follows: 

Section 1. The schedule of forms numbered one to 
twenty-eight, inclusive, contained in section eighty-nine 
of Part II of chapter four hundred and ninety of the acts of 
the year nineteen hundred and nine is hereby repealed, and 
the following schedule of forms is inserted in place thereof: 



1909, 490, 
Part II, § 89, 
amended. 



Forms. 



SCHEDULE OF FORMS. 
No. 1. — Form of Demand under Section 14. 
Collector's Office, B, , 



19 



To 

Herewith find your tax bill due 19 , amounting 

to $ ■ . Payment of the same is herel:)y demanded. [If 

interest has been voted by the city or town, add] Interest at the 
rate of per cent per annum will be charged from 

19 . You are hereby notified that unless your tax is paid in 
fourteen days from this date, with all legal charges, [In towns 
where the collector is paid a commission in lieu of a salary, add 
these words: — and twenty cents for this demand,] the collector 
will then proceed to collect the same according to law. 

C D, 
Collector of Taxes for the of 

No. 2. — Form of Notice of Sale of Distrained Property 
UNDER Section 22, 

collector's sale. 

Distrained upon a warrant of distress for non-payment of taxes, 
and will be sold by pubUc auction on , the day 

of , 19 , at o'clock m., at , 

unless said taxes, interest and charges shall be paid before the sale, 
the folloAving described property, to wit: [Here describe the 
property.] 

B, 19 . C D, 

Collector of Taxes for the of 



No. 3. — Form of Notice of Adjournment of Sale under 

Section 23. 

[To the original notice of sale, or a copy thereof, add the fol- 
lowing, and post at the place of sale : — ] 

The collector hereby gives notice that the above sale stands 
adjourned to , the day of , 19 , 

at the same hour and place. 

B, 19 . C D, 

Collector of Taxes for ilie of 



Acts, 1913. — Chap. 311. 239 



No. 4. — Form of Certificate to be made upon an attested Forma. 
Copy of Warrant when Corporate Stock is seized under 
Section 24. 

Collector's Office, B, , 19 . 

I hereby give notice that I have seized share of the 

capital stock of the [A B Company] standing in the name of 
by virtue of a warrant of distress, a 
copy of which is herewith presented. Said share being seized 
and distrained for the non-pajTnent of a tax duly assessed upon the 
said by the assessors of for the year 19 , 

amounting to the sum of which the said , 

after due demand, has neglected and refused to pay. 

B, 19 . C D, 

Collector of Taxes for the of 

No. 5. — Form of Collector's Warrant to distrain or com- 
mit UNDER Section 32. 

commonwealth of MASSACHUSETTS. 

To the Sheriffs of our several Counties, or their Deputies, or to any 
Constable of or Deputy Collector of Taxes for the 
of in the County of 

Greeting : 

Whereas, a resident of in the County 

of was duly assessed as of the first day of April in 

the year nineteen hundred and , by the Assessors of 

the of a tax in the sum of 

dollars; and the same now, after the expiration of fourteen days 
from the date of a demand made upon him by me in accordance 
with law for the payment of the same, remains unpaid; Therefore, 

In the name of the Commonwealth of Massachusetts, you and 
each of you, are required and directed to distrain the goods or 
chattels of the said person so assessed sufficient to satisfy and pay 
the amount due for such tax and interest, and all fees and charges 
of keeping and selling the same, saving and excepting the tools or 
implements necessary for the trade or occupation of the said per- 
son so assessed, beasts of the plow necessary for the cultivation of 
his improved land; military arms; utensils for housekeeping neces- 
sary for upholding life; and bedding and apparel necessary for 
the said person so assessed and his family. And the goods and 
chattels so distrained by you, you are required to keep at the cost 
and charge of the owner for four days at least and within seven 
days after the seizure to sell the same at public auction, for the 
payment of the said amount due, having first posted up a notice 
of the sale in some pul^lic place in the city or town where found, 
forty-eight hours at least before the sale: provided, hoivever, that 
you may, if you shall see fit, once adjourn said sale for a time not 
exceeding three days, in which case you shall forthwith post up 
a notice of such adjournment and of the time and place of sale. 
And if said distress shall be sold for more than the said amount 
due, you shall return the surplus to the owner of such goods or 



240 Acts, 1913. — Chap. 311. 

Forms. chattels upon demand, with an account in writing of the sale and 

charges. And if you cannot find sufficient goods and cliattels 
belonging to the person assessed, whereon to make distress, you 
shall take the body of the said person and him commit to one of 
the common jails in the county in which you shall arrest him, there 
to remain until he shall pay said tax, interest, charges, and fees, 
and for an arrest, one dollar and actual travelling expenses incurred 
in making such arrest; or until he shall be discharged therefrom 
by due course of law; provided, however, that you may at your dis- 
cretion, after the service of this Warrant, allow such person to go 
free for a period not exceeding fourteen days after said service, at 
which time if said person does not pay his tax with all fees and 
charges due thereon including one dollar for service of this War- 
rant and five cents for each mile travelled by you in the perform- 
ance of this collection you shall then arrest said person on this 
Warrant and commit him to jail as aforesaid. But if you shall 
commit such person for the non-payment of a poll tax only he shall 
not be detained in jail more than seven days. 

And in case you shall commit said person so assessed to jail by 
virtue of this Warrant, you are required to give the keeper of the 
jail wherein he may be conmiitted an attested copy of this Warrant, 
with a certificate thereon under your hand, setting forth that for 
want of goods and chattels of the said person wlaereof to make 
distress, you have taken his body and committed him to jail as 
aforesaid; and also setting forth the amount said person is to pay 
as his tax, interest, charges, fees and travelling expenses as pro- 
vided by statute. 

Hereof fail not, and make return of this Warrant, with your 
doings thereon, within sixty days from the date hereof. 

Given under my hand and seal this day of 19 . 

[seal.] 
Collector of Taxes for the of 

No. 6. — Form of Certificate required by Section 28 to be 
GIVEN BY A Collector when a Commitment is made by 

HIM. 

, 19 . 

I hereby certify that the tax assessed in the of 

as of the first day of April in the year 19 upon 

remains unpaid for fourteen days after 

demand therefor made by me and still remains unpaid; and that 

for want of goods and chattels whereof to make distress, I commit 

the said person to jail. 

I also certify that the amount the said person is to pay for said 
tax, interest, charges, fees, and travelling expenses as provided by 
statute, is dollars. 

Collector of Taxes for the of 

No. 7. — Form of Certificate required by Section 28 to be 
INDORSED ON Copy of Warrant in Case of Commitment. 

, 19 . 
I hereby certify that, by virtue of the warrant, of which the 
within is a true copy, for want of goods and chattels whereof to 



Acts, 1913. — Chap. 311. 241 

make distress, I have taken the body of the within named Forms. 

and committed him to jail, and that the amount 
which he is to pay as his tax, interest, charges, fees, and traveUing 
expenses as provided by statute, is dollars. 

E F, 
Deputy Collector of Taxes for the of 

No. 8. — Form of Summons under Section 15. 

B, , 19 . 

To 

Your tax for the year 19 , amounting to $ {and 

interest thereon), is now due. You are required to pay the same 
within ten days from this date with twenty cents for this sum- 
mons. At the expiration of that time, if tlie tax is not paid, the 
collector will i:>rocced to collect the same according to law. 

C D, 
Collector of Taxes for the of 

No. 9. — Form of Demand of Tax on Real Estate under 

Section 36. 

Collector's Office, C, , 19 . 

To 

In compliance with the statute I hereby demand of you payment 
of dollars, that being the amount of tax assessed for 

the year 19 on the estate in this [city or town] [here give a 
brief statement of the estate] and owned or occupied by you at the 
date of assessment. You are hereby notified that if said amount, 
together with the interest, legal costs and charges thereon, is not 
paid within fourteen days from this date, [in towns where the col- 
lector is paid a conmiission in lieu of a salary, add these words : — 
with twenty cents for this demand] the said estate will be sold by 
public auction, pursuant to law. 

C D, 
Collector of Taxes for the of 

No. 10. — Form of Collector's Notice of Sale of Real Es- 
tate TO be published in a Newspaper under Section 39. 

B, , 19 . 

The owners and occupants of the following described parcels of 
real estate situated in the [city or town] of , in the 

county of and Conmionwealth of Massachusetts, and 

the pubUc are hereby notified that the taxes thereon severally 
assessed for the years hereinafter specified, according to the list 
committed to me as collector of taxes for said by the 

assessors of taxes, remain unpaid, and that the smallest undivided 
part of said land sufficient to satisfy said taxes, with interest and 
all legal costs and charges, or the whole of said land if no person 
offers to take an undivided part thereof, will be offered for sale by 
public auction at the iii said on , 

19 , at o'clock m., for the payment of said taxes with 

interest, costs and charges thereon, unless the same shall be pre- 
viously discharged. [Here state the name of the party taxed, if 



242 Acts, 1913. — Chap. 311. 

Forms. known; a substantially accurate description of the estate; the year 

in which the tax is assessed; and the amount of the tax on each 
parcel of real estate.] 

C D, 
Collector of Taxes for the of 

No. 11. — Form of Affidavit of Collector, Deputy Collec- 
tor OR DISINTERESTED PeRSON OF DeMAND UNDER SECTION 
58 TO BE RECORDED IN THE REGISTRY OF DeEDS. 

S, , 19 . 

I [A B, collector, deputy collector or a disinterested j^erson,] hereby 
certify that on the day of , 19 , I served 

upon a demand for the payment of a tax of 

dollars assessed upon him by the assessors of , 

in 19 , upon the estate in said [here give a substan- 

tially accurate description of the estate], with a notice that if said 
amount and interest thereon, together with the legal costs and 
charges and interest thereon, was not paid within fourteen days 
from the date thereof, that the said estate would be sold by public 
auction, pursuant to law. A B, 

Commonwealth of Massachusetts. 

H , ss. 19 . 

Then personally appeared the said A B, and made oath that 
this statement by him subscribed is true. 

Before me, 

Justice of the Peace. 

No. 12. — Form of Affidavit under Section 58, when the 
Demand is made upon two or more Persons. 

S, , 19 . 

I [A B, collector, deputy collector or a disinterested person,] hereby 
certify that on or since the day of 19 , 

I served on each of the parties hereafter mentioned, on the date 
and in the manner specified, as may be seen by reference to their 
respective names, a demand like the blank hereunto attached, the 
blanks being first filled with the date, name, amount of the tax, 
and location of the real estate. A B. 



Names. 



Amount of Tax. 



Manner and Date of Service. 



Commonwealth of Massachusetts. 

H , ss.* . S, , 19 . 

Then personally appeared the said A B, and made oath that 
the above statement by him subscribed is true. 

Before me, 

Justice of the Peace. 
[Here annex the blank form. No. 9, referred to in the affidavit.] 



Acts, 1913. — Chap. 311. 243 



No. 13. — Form of Affidavit of posting and publishing Ad- Forma. 

VERTISEMENT OF SaLE UNDER SECTION 58. 

S, , 19 . 

I, A B, of , in the County of , and 

Commonwealth of Massachusetts [collector, deputy collector or a 
disinterested person,] hereby certify that tlu-ee weeks before the 
time of sale I witnessed the posting [or posted] pursuant to law 
the printed notice of the collector of taxes, a copy whereof is hereto 
annexed, in a convenient and public place in his precinct, to wit: 
The , in said [city or town], and that said notice was 

advertised three weeks successively in the , a news- 

paper published in [city or town] [or if there is no such newspaper, 
state that fact and add: in said County], the last publication being 
at least one week before the advertised time of sale; in accordance 
with law. A B. 

Commonwealth of IVIassachusetts. 

H , ss. S, , 19 . 

Then personally appeared the above named , and made 

oath that the foregoing statements by him subscribed are true. 

Before me, 

Justice of the Peace. 
[Here annex a copy of the advertisement.] 

No. 14. — Form of Deed under Sections 42 and 44. 
Commonwealth of Massachusetts. 

To all Persons to whom these Presents may come, 

I, , Collector of Taxes for the [city or town] of , 

in the County of and Commonwealth of Massachusetts, 

Send Greeting: 

Whereas, the Assessors of Taxes of said of , 

in the lists of assessments for taxes, which they committed to me 
to collect for the year one thousand nine hundred and , 

duly assessed as owner of the land in said 

, which is hereinafter described, the sum of 
dollars and cents, for State, County and 

[City or Town] Taxes thereon; and whereas, on the day 

of , A.D. 19 , I duly demanded of said [if the demand 

was made on a mortgagee or an attorney of a non-resident owner, 
here insert the fact] the payment of said taxes, so as 

aforesaid assessed on said land, and the same were not paid; and 
whereas, after the expiration of fourteen days from the time of 
demanding payment of said taxes as aforesaid, the same still re- 
maining unpaid, I duly advertised that the smallest undivided part 
of said land sufficient to satisfy said taxes with interest and all 
legal costs and charges, or the whole of said land if no person offers 
to take an undivided part thereof, would be sold by public auction 
for the payment of said taxes with interest, and all legal costs and 
charges, on the day of , A.D. 19 , at 

o'clock in the noon, at the , in 

said , by publishing an advertisement thereof, con- 



244 Acts, 1913. — Chap. 311. 

Forma. taining also a substantially accurate description, and the name of 

the owner of said land, and the amount of the taxes so as aforesaid 
assessed thereon, in the , a newspaper published in 

, in the county where said land lies, three weeks suc- 
cessively, the last pubhcation whereof was one week before the 
time appointed for the sale, and by posting the said advertisement 
in pubhc and convenient places in said , 

to wit: the , three weeks before the time appointed 

for said sale; and whereas, said taxes so as aforesaid assessed on 
said land were not paid, I proceeded at the time and place ap- 
pointed as aforesaid for the sale, to sell said land by public auction 
for the discharge and payment of said taxes thereon with interest, 
and said legal costs and charges [if the sale is adjourned add here], 
and no person appeared and bid for an undivided part or for the 
whole of the land thus offered for sale an amount equal to the said 
taxes, interest, costs and charges, and I thereupon, at said time and 
place appointed for said sale, adjourned said sale until 
the day of , A.D. 19 , at o'clock 

in the noon, at the same place, and then and there 

made public proclamation of said adjom'nment; and in like manner 
in all respects and for the same cause, I adjourned said sale [here 
state the successive dates, hours and places to which the sale was 
adjourned], and then and there made pubhc proclamation of said 
adjournments; and at the time and place so fixed and proclaimed 
for making said sale on each of the several days, I proceeded to 
offer for sale said land by public auction for the payment of said 
taxes, interest, costs and charges, and no person appeared at either 
time so fixed by adjournment for said sale and bid a sum equal to 
said taxes, interest, costs and charges, until on the day 

of , A.D. 19 , the time and place so fixed for said 

sale by the last of the said adjournments [use such of these aver- 
ments as v/ill conform to the facts], I proceeded again to offer for 
sale by public auction for the payment of said taxes, interest, costs 
and charges, the smallest undivided part of said land sufficient for 
the payment of said taxes with interest and legal costs and charges; 
[If an offer is made for an undivided part use the following:] and 
of in the coimty of and State of 

offered at said auction to take one undivided 
part of said land and to pay therefor the amount of said taxes with 
interest and the legal costs and charges, and that being the smallest 
undivided part of said land offered to be taken for the payment of 
said taxes, interest, costs and charges, one undivided 
part of said land was struck off to said 

Therefore, know ye, that I, the said Collector of 

Taxes as aforesaid, hj virtue of the power vested in me by law, 
and in consideration of the said sum of dollars and 

cents to me paid by said , the receipt 

whereof I do hereby acknowledge, do hereby give, grant, bargain, 
sell and convey unto the said , one undi- 

vided part of the following described land, being the 

land taxed as aforesaid, to wit: [Here describe the land]. 

[If sale is made of the whole proceed as follows:] [and no person 
offering at said auction to take an imdivided part of said land, the 



Acts, 1913. — Chap. 311. 245 

whole of said land was struck off to of Forms, 

in the county of and State of for the sura of 

dollars and cents, he being the highest 

bidder therefor:] 

Therefore, know ye, that I, the said Collector of 

Taxes, as aforesaid, by virtue of the power vested in me by law, 
and in consideration of the said sum of dollars and 

cents to me paid by said , the receipt 

whereof I do hereby acknowledge, do hereby give, grant, bargain, 
sell and convey unto the said the follow- 

ing described land, the same being the land taxed as aforesaid, to 
wit: [Here describe the land.] 

[In each case conclude as follows:] 

To have and to hold the same, to the said , 

h heirs and assigns, to and their use and 

behoof forever; subject to the right of redemption by any person 
legally entitled to redeem the same and to all easements and re- 
strictions lawfully existing in, upon or over said land or appur- 
tenant thereto when so taken. 

And I, the said collector, do covenant with the said , 

h heirs and assigns, that the sale aforesaid has, in all particu- 
lars, been conducted according to law. 

In witness whereof, I, the said , Collector as aforesaid, 

have hereunto set my hand and seal, this day of , 

in the year of our Lord one thousand nine hundred and 

[seal.] 
Collector of Taxes for the of 

Signed, sealed and delivered in ipresence of 

ss. 19 . 

Then personally appeared the above named , Collector 

of Taxes for the of , and acknowledged the 

foregoing instrument to be his free act and deed. 

Before me. 

Justice of the Peace. 

No. 15. — Form of Deed when the City or Town is the Pur- 
chaser UNDER Sections 47 and 49. 

Commonwealth op Massachusetts. 
To all Persons to whom these Presents may come, 

I, , Collector of Taxes for the [city or town] of 

, in the County of and Commonwealth 

of Massachusetts, 

Send Greeting: 
Whereas, the Assessors of Taxes of said of 

, in the lists of assessments for taxes, which they 
committed to me to collect for the year one thousand nine hundred 
and , duly assessed as owner 

of the land in said , which is hereinafter described, the 

sum of dollars and cents, for State, County 

and [City or Town] Taxes thereon; and whereas, on the 
day of , A.D. 19 , I duly demanded of said [if the de- 



246 Acts, 1913. — Chap. 311. 

Forms. mand was made on a mortgagee or an attorney of a non-resident 

owner, here insert the fact] the payment of said taxes, 

so as aforesaid assessed on said land, and the same were not paid; 
and whereas, after the expiration of fourteen days from the time 
of demanding payment of said taxes as aforesaid, the same still 
remaining unpaid, I duly advertised that the smallest undivided 
part of said land sufficient to satisfy said taxes with interest and 
all legal costs and charges, or the whole of said land if no person 
offers to take an undivided part thereof, would be sold by public 
auction for the payment of said taxes with interest, and all legal 
costs and charges, on the day of , A.D. 19 , 

at o'clock in the noon, at the , in 

said , by publishing an advertisement thereof, containing 

also a substantially accurate description, and the name of the 
owner of said land, and the amount of the taxes so as aforesaid 
assessed thereon, in the , a newspaper published in 

, in the county where said land lies, three weeks suc- 
cessively, the last publication whereof was one week before the 
time appointed for the sale, and by posting the said advertisement 
in public and convenient places in said , to 

wit: the , three weeks before the time appointed for 

said sale; and whereas, said taxes so as aforesaid assessed on said 
land were not paid, I proceeded at the time and place appointed as 
aforesaid for the sale, to sell said land by public auction for the 
discharge and payment of said taxes thereon with interest, and said 
legal costs and charges and no person appeared and bid for the 
estate thus offered for sale an amount equal to the said taxes, in- 
terest, costs and charges, and I thereupon, at said time and place 
appointed for sale, adjourned said sale until the day of 

A.D. 19 , at o'clock in the noon 

at the same place, and then and there made public proclamation 
of said adjournment; and in like manner in all respects and for 
the same cause I adjourned said sale [here state the successive 
dates, hours and places to which the sale was adjourned], and then 
and there made public proclamation of said adjournments; and at 
the time and place so fixed and proclaimed for making said sale on 
each of said several days, I proceeded to offer for sale said real 
estate by public auction for the payment of said taxes, interest, 
costs and charges, and no person appeared at either time so fixed 
by adjournment for said sale and bid a sum equal to said taxes, 
interest, costs and charges, and at the time and place so fixed for 
said sale by the last of the said adjournments, namelj^, on the 

day of , A.D. 19 , at o'clock in 

the noon, I made a public declaration of all the facts here- 

inbefore recited; and no person then appeared and bid a sum 
equal to said taxes, interest, costs and charges [if only one adjourn- 
ment is made, change these averments to conform to the facts]; 
and I thereupon then and there immediately gave public notice 
that I should, and that I then and there did purchase on behalf 
of the said of , said real estate for the sum of 

dollars and cents, being the amount of 

said taxes, interest, costs and charges; 

Therefore know ye, that I, the said , Collector of 

Taxes as aforesaid, by virtue of the power vested in me by law, and 



Acts, 1913. — Chap. 311. 247 

in consideration of the premises, hereby give, grant, bargain, sell Forms, 
and convey unto the said of , the following 

described real estate, the same being the land taxed as aforesaid, 
to wit: [Here describe the estate.] 

To have and to hold the same, to the said [city or town] of 
, and its assigns, to its and their use and behoof forever; 
subject to the right of redemption l^y any person legally entitled 
to redeem the same and to all easements and restrictions lawfully 
existing in, upon or over said land or appurtenant thereto when 
so taken. 

And I, the said Collector, do covenant with the said of 

, and its assigns, that the sale aforesaid has, in all par- 
ticulars, been conducted according to law. 

In witness whereof, I, the said , Collector as afore- 

said, have hereunto set my hand and seal, this day 

of , in the year of our Lord one thousand nine hun- 

dred and 



Collector of Taxes for the of 



[seal.] 



Signed, sealed and delivered in presence of 

ss. 19 . 

Then personally appeared the above named , Collector 

of Taxes for the of , and acknowledged the 

foregoing instrument to be his free act and deed. 

Before me. 

Justice of the Peace. 

No. 16. — Form op Deed to City or Town, when the Pur- 
chaser FAILS TO PAY, ETC., UNDER SECTIONS 48 AND 49. 

Commonwealth of Massachusetts. 
To all Persons to whom these Presents may come, 
I, , Collector of Taxes for the [city or town] of 

, in the County of and Commonwealth 

of Massachusetts, 

Send Greeting: 
Whereas, the Assessors of Taxes of said of 

, in the lists of assessments for taxes, which they 
committed to me to collect for the year one thousand nine hundred 
and , duly assessed as owner of the 

land in said , which is hereinafter described, the sum of 

dollars and cents, for State, County and 

[City or Town] Taxes thereon; and whereas, on the 
day of , A.D. 19 , I duly demanded of said [if de- 

mand was made on a mortgagee or an attorney of a non-resident 
owner, here insert the fact] the payment of said taxes, 

so as aforesaid assessed on said land, and the same were not paid; 
and whereas, after the expiration of fourteen days from the time 
of demanding payment of said taxes as aforesaid, the same still 
remaining unpaid, I duly advertised that the smallest undivided 
part of said land sufficient to satisfy said taxes with interest and 
all legal costs and charges, or the whole of said land if no person 
offers to take an undivided part thereof, would be sold by public 



248 Acts, 1913. — Chap. 311. 

Forms. auction for the payment of said taxes with interest, and all legal 

costs and charges, on the day of , A.D. 

19 , at o'clock in the noon, at the 

, in said , by publishing an advertisement 

thereof, containing also a substantially accurate description, and 
the name of the owner of said land, and the amount of the taxes 
so as aforesaid assessed thereon, in the , a newspaper 

published in , in the county where said land hes, three 

weeks successively, the last publication whereof was one week 
before the time appointed for the sale, and by posting the said 
advertisement in pubhc and convenient places in said 

, to wit: the , tliree weeks before the time 

appointed for said sale; and whereas, said taxes so as aforesaid 
assessed on said land were not paid, I proceeded at the time and 
place appointed as aforesaid for the sale, to sell said land by public 
auction for the discharge and payment of said taxes thereon with 
interest, and said legal costs and charges, and the said real estate 
was struck off to of in the County of 

and State of for the sum of dollars and 

cents, he being the highest bidder therefor; and 
whereas, the said failed to pay to me the sum offered by 

him as aforesaid, and receive his deed of the premises bid off by 
him, within twenty days after the said sale, and the said sale be- 
came null and void, and the said of thereby 
became the purchaser of the premises so bid off by the said 
for the sum of dollars and cents, being the 
amount of said taxes, interest, costs and charges; 

Therefore know ye, that I, the said Collector of Taxes 

as aforesaid, by virtue of the power vested in me by law, and in 
consideration of the premises, hereby give, grant, bargain, sell and 
convey unto the said of , the following 

described real estate, the same being the land taxed as aforesaid, 
to wit: [Here describe the estate.] 

To have and to hold the same, to the said of , 

and its assigns, to its and their use and behoof forever; subject to 
the right of redemption by any person legally entitled to redeem 
the same, and to all easements and restrictions lawfully existing in, 
upon or over said land or appurtenant thereto when so taken. 

And I, the said Collector, do covenant with the said of 

and its assigns, that the sale aforesaid has, in all par- 
ticulars been conducted according to law. 

In witness whereof, I, the said , Collector as afore- 

said, have hereunto set my hand and seal, this day of 

, in the year of our Lord one thousand nine hundred 
and 

[seal.] 
Collector of Taxes for the of 

Signed, sealed and delivered in presence of 

ss. 19 . 

Then personally appeared the above named , Collector 

of Taxes for the ' of , and acloiowledged the 

foregoing instrument to be his free act and deed. 

Before me. 

Justice of the Peace. 



Acts, 1913. — Chap. 311. 249 



No. 17. — Form of Notice of Intention to take Real Estate Forms. 
UNDER Section 54. 

collector's notice. 

The owners and occupants of the following described parcels of 
real estate situate in tlie of , in the County 

of , and Commonwealth of Massachusetts, and all other 

persons, are hereby notified that the taxes thereon, severallj^ assessed 
for the year hereinafter specified, according to the list committed 
to me as Collector of Taxes for the said of , 

by the Assessors of Taxes of said , remain unpaid, and 

that said parcels of real estate will be taken for the said 
of , on the day of A.D. 

19 , at o'clock M., for the paj'^ment of said taxes, 

together with the interest, costs and charges thereon, unless the 
same shall be previously discharged. [Here state the name of 
owner or occupant, a description of the parcel or parcels of lands, 
the year for which the taxes were assessed, and the sum assessed 
upon each parcel.] 

CD, 
Collector of Taxes for the of 

No. 18. — Form of Affidavit of Demand and Notice to be 

ANNEXED TO THE INSTRUMENT OF TaKING UNDER SECTION 58. 

I, C D, of in the County of , and 

Commonwealth of Massachusetts, on oath depose and say that on 
the day of A.D. 19 , I, as Collector of Taxes 

for the of , made a written demand on 

for the amount of the tax assessed by the assessors of said 
of , as of the first day of April, A.D. 19 , upon the said 

, with the interest, costs and charges, then due, on 
certain real estate situated in said of , by 

[Here state manner in which the demand was made], of which the 
f ollo^ving is a true copy : — 

"Collector's Office, 19 . 

To , I hereby demand of you the payment of 

dollars and cents, that being the amount of tax assessed 

for the year 19 by the assessors of , on the real estate 

[Here describe the estate] owned by you. You are hereby notified 
that if said amount, together with the interest, costs and charges 
thereon, is not paid within fourteen days from this date, the said 
real estate will be taken for said taxes for the said [city or town] 
of . Tax, $ ; interest, costs and charges, 

$ 

C D, 
Collector of Taxes for the of ." 

[If notice is published and posted, add :] And I, the said C D, do 
further depose and say that I posted and published notices, of 
which the following is a copy [Here annex a copy of the notice], 



250 Acts, 1913. — Chap. 311. 

Forms. as follows: A copy thereof was posted on [Here state where posted], 

and I also published a copy of said notice in the , a 

newspaper published in said [If there be no such paper 

published in said town, state the fact and add, "in in 

said county"], tliree weeks successively, that the posting of said 
notices and the first publication thereof was more than fourteen 
days after making the demand as aforesaid; and I do further 
depose and say that, at the date of the instrument of taking, hereto 
annexed, the amount of taxes due on the estate therein described, 
with the interest, costs and charges, amounted to the sum of 
dollars and cents, and that the parcel or parcels of land 

were taken for the reason that the taxes remained unpaid at the 
time of the said taking. 

C D, 
Collector of Taxes for the of 

ss. , 19 . 

Then personally appeared the above named C D, and made 
oath that the foregoing affidavit by him subscribed is true. 

Before me. 

Justice of the Peace. 

No. 19. — FoEM OF Taking of Real Estate under Section 55. 

Whereas, the tax assessed by the assessors of as of the 

first day of April, in the year 19 , uj^on as the owner 

or occupant of the real estate hereinafter described, was duly com- 
mitted to me as Collector of Taxes for said of ; 
and whereas, the said taxes, amounting to dollars and 
cents, have not been paid; and whereas, a demand for 
the payment of said taxes and the interest, costs and charges then 
due was made by me on the said on the day 
of , last past, in conformity to law; and whereas, notice 
of my intention to take said real estate by virtue of the authority 
vested in me as Collector of Taxes for said has been 
duly made, as by law required; and whereas, the said taxes, at 
the date of this instrument, remain unpaid ; now, therefore, KNOW 
ALL MEN BY THESE PRESENTS, that I, , as Col- 
lector of Taxes as aforesaid, by virtue of the power and authority 
in me vested as aforesaid, have taken, and by these presents do 
take, for the said of , subject to redemption 
according to law, and to all easements and restrictions lawfully 
existing in, upon or over said land or appurtenant thereto when 
so taken, the following described lot or parcel of land, with the 
buildings thereon, the same being the estate assessed as aforesaid, 
to wit: [Here describe the estate.] The said is the only 
person known to me as owner of the above described estate. 

In witness whereof, I, the said , as Collector as afore- 

said, hereunto set my hand and seal this day of , 

in the year nineteen hundred and 

C D, [seal.] 

Collector of Taxes for the of 



Acts, 1913. — Chap. 311. 251 



No. 20. — Form of Deed by City or Town when Estate is Forms, 
redeemed under section 59, to be executed by the proper 
Officers of the City or Town. 

know all men by these presents, 

That the of , in consideration of , 

to it paid by of , the receipt whereof is hereby 

acknowledged, does hereby remise, release, and forever quitclaim 
unto the said all the right, title and interest which the 

said of acquired, by or under a deed made to 

it by , the Collector of Taxes for said [city or town] of 

, dated the day of in the year of 

our Lord one thousand nine hundred and , and recorded 

with Deeds, Volume , Page in and to 

the following parcel of real estate in said , viz.: [Here 

describe the estate.] 

To have and to hold the above released premises, with all the 
l^rivileges and appurtenances to the same belonging, to the said 
, h heirs and assigns, to h and their use and 
behoof forever. 

In witness whereof, the said of has caused 

its corporate seal to be hereunto affixed, and these presents to be 
signed, acknowledged and delivered in its name and behalf by 

, its , hereto duly authorized, this 

day of , in the year of our Lord nineteen hundred 

and 

[City or Town] of . [seal.] 

Signed and sealed in the presence of 

By 
ss. 19 . 

Then personally appeared the above named , 

of for the [city or town] of , and acknowl- 

edged the foregoing instrument to be the free act and deed of said 
[city or town] of 

Before me, 

Justice of the Peace. 

No. 21. — Form of Certificate under Section 62. 

Collector's Office, 

Whereas, I, Collector of Taxes for the 

of County of and Commonwealth of Massa- 

chusetts, for the year 19 , did sell and convey certain real estate 
to by deed dated 19 , and recorded in 

the Registry of Deeds, in Book Page 

for the non-payment of a tax assessed thereon to in 

the year 19 , which real estate is described as follows, viz.. 
And Whereas of in the County of 

and State of was assessed ,19 , as owner of 

said property, and he alleges that at the time of said sale and deed 



252 



Acts, 1913. — Chap. 311. 



Forms. he was the owner of said property, and further alleges that he is 

now the owner of said property, and as owner thereof desires to 
redeem the same from the sale in pursuance of Chapter 490, Sec- 
tions 59-61, Part II, of the Acts of 1909. 

And Whereas the said has this day paid to me the 

following sums to redeem said property from said sale, to wit : 



Amount for which it was sold, 
Interest at 8% from date of sale, 
Examination of Title, \ 
Deed of Release, / * 

Recording, 

Additional sum as per statute, 



1 00 



Therefore, I, the said Collector of Taxes, for the said 
of hereby certify that I have received from 

the said sum of dollars and 

( ) for the purpose aforesaid. 

Dated this day of A.D. 19 . 

Collector of Taxes for the of 



the said 
cents. 



No. 22. — Form of Receipt by Collector to a Mortgagee, 
UNDER Section 63. 



Collector's Office, 



19 



I, , Collector of Taxes for the of , 

hereby certify that the Assessors of Taxes of said of 

, in the list of assessments for taxes, which they com- 
mitted to me to collect for the year one thousand nine hundred 
and , duly assessed the sum of 

dollars and cents, as owner of the real estate situated and 

described as follows, viz. : [Here describe the real estate.] 

and I further certify that the said 
neglected to pay such tax for three months after demand, and I 
thereupon made a demand therefor upon who claimed 

to be the holder of a mortgage upon said real estate; and that the 
said has paid to me the sum of dollars and 

cents, being the amount of said tax, with all interest, 
costs and charges, the receipt of which I hereby acknowledge. 

C D, 
Collector of Taxes for the of 



ss. , 19 . 

Then personally appeared the above named and made 

oath that the foregoing statement by him subscribed is true. 

Before me. 

Justice of the Peace. 



Acts, 1913. — Chap. 311. 253 



No. 23. — FoKM OF Receipt by Collector under Sections 64 Forms. 

AND 66. 

Collector's Office, , 19 

I, , Collector of Taxes for the of , 

hereby certify that the Assessors of Taxes of said of 

, in the list of assessments for taxes, which they com- 
mitted to me to collect for the year one thousand nine hundred and 
, duly assessed the sum of dollars and 

cents, as owner of the real estate situated and described 
as follows, viz. : [Here describe the real estate.] 

and I further certify that proceedings have been com- 
menced by me for the sale of said real estate for said tax, and that 
who claimed to be the holder of a moi'tgage thereon, 
has paid to me the sum of dollars and cents, 

being the amount of said tax, with interest, costs and charges, the 
receipt of which I hereby acknowledge. 

C D, 
Collector of Taxes for the of 

ss. , 19 . 

Then personally appeared the above named and made 

oath that the foregoing statement by him subscribed is true. 

Before me. 

Justice of the Peace. 

No. 24. — Form of Notice of Sale of Unredeemed Real 
Estate, in behalf of a City or Town, within Two Years 
AFTER Expiration of the Right of Redemption, under 
Section 68. 

Sale of Unredeemed Real Estate by the of 

Collector's Office, , 19 . 

In conformity with the laws of the Commonwealth of Massa- 
chusetts, the public and all persons interested as former owners or 
occupants of each of the following described parcels of real estate 
situated in the of in the County of 

and Commonwealth aforesaid, are hereby notified that said par- 
cels have been conveyed according to law to said [city or town] of 
for non-payment of taxes and assessments and the time 
within which each of the estates might be redeemed by the owners 
thereof having expired, each of said parcels will be offered for sale 
in accordance with Section , of the by public 

auction at the in said on the 

day of A.D. 19 , at o'clock m., and to the 

highest bidder for each of the several parcels a quitclaim deed will 
be delivered. For further particulars reference is made to the 
Registry of Deeds for the County of , the volume and 

page numbers following the description of each parcel, indicating 



254 Acts, 1913. — Chap. 311. 

Forms. the record of the deed under which the said of 

now holds title to the estate described. 

The sums set against the several estates show the amounts due 
thereon respectively for the taxes and assessments for the non- 
payment of which said estate was sold to [or taken by] the said 
together with the subsequent taxes and assessments, 
interest on the same, and all lawful costs and charges. And none 
of the said estates will be sold for less than the amount set against 
the said estates, respectively. 

[Here set out the name of the original owner or occupant if 
known, a description of each parcel, the place of registry, volume 
and page, the years in which assessed and the least amount for 
which the sale will be made.] 

C D, 

Collector of Taxes for the of 

No. 25. — Form of Deed of Unredeemed Tax Title under 

Section 68. 

KNOW ALL men BY THESE PRESENTS. 

That, whereas the real estate hereinafter described was by deed 
of , Collector of Taxes, dated A.D. 19 , and 

recorded with Deeds, Volume , Page , 

duly conveyed to the [city or town] of , in the County 

of and Commonwealth of Massachusetts, for the non- 

payment of taxes, and whereas no person lawfully entitled has, 
within the time prescribed by law, redeemed said real estate, and 
whereas, I, the Collector of Taxes of the said [city or town] of , 

acting under section , of the , duly advertised 

said real estate to be sold by public auction on the day 

of , 19 , at o'clock in the noon, at the 

in said [city or town] of by publishing an 

advertisement thereof, containing a substantially accurate descrip- 
tion of said real estate in the , a newspaper published in 

, three weeks successively, the last publication whereof 
was at least one week before the time appointed for the sale, and 
by posting a like advertisement in pubhc and convenient 

place in said [city or town] of , to wit: the , 

in said [city or town] three weeks before the time appointed for 
said sale; and whereas, the amounts due on said estate not being 
paid, the [city or town] of by its Collector of 

Taxes, thereto duly authorized by statute, proceeded at the time 
and place appointed as aforesaid for the sale, to sell said real estate 
by pubhc auction, and said real estate was then and there struck 
off to , of , in the County of , and 

State of , for the sum of dollars and 

cents, he being the highest bidder therefor; 

Now, therefore, the [city or town] of by its Collector 

of Taxes, by virtue of the statutes in such case made and provided, 
in consideration of dollars and cents paid by 

said , the receipt whereof is hereby acknowledged, does 



Acts, 1913. — Chap. 311. 255 

hereby remise, release, and forever quitclaim unto the said Forms. 

, h heirs and assigns, all the right, title and interest 
which the said [city or town] of acquired, by or under 

the deed above mentioned, in and to the following parcel of real 
estate in said , viz.: [Here describe the estate.] 

To have and to hold the above released premises, with all the 
privileges and appurtenances thereto belonging, to the said , 

h heirs and assigns, to h and their use and behoof forever. 
In witness whereof, the said [city or town] of has caused 

its seal to be hereto affixed, and these presents to be signed, ac- 
knowledged and delivered in its name and behalf by its Collector 
of Taxes, hereto duly authorized by law, this day of 

, in the year nineteen hundred and 

[City or Town] of [Seal.] 

C D, 
Collector of Taxes. 

[To be acknowledged by the Collector as the free act and deed 
of the City or Town according to the form prescribed in Form 
No. 20.] 

No. 26. — Form of Affidavit of the Collectoe of the Non- 
appearance OF A Purchaser, or the Failure of the Bid- 
der TO PAY the Sum bid, under Section 69. 

I, C D, Collector of Taxes for the [city or town] of in 

the County of and Commonwealth of Massachusetts on 

oath depose and say that the advertisement of the sale of um-e- 
deemed real estate, a copy of which is hereto annexed, was pub- 
lished and posted according to law, and that at the time and place 
of sale as stated in the same [no person appeared and bid for the 
real estate advertised in said advertisement against the name of 
the sum or amount therein stated, or more, or the per- 
son to whom the estate is sold does not, within ten days, pay to 
the Collector the sum bid by him] and the estate advertised as 
aforesaid against the name of was struck off to , 

for the sum of dollars and cents, he being the 

highest bidder therefor. I further depose and say that said 
failed to pay to me as such Collector, within ten days, the sum 
offered by him for said estate. 

C D, 
Collector of Taxes for the of 

ss. 19 . 

Then personally appeared the above named , Collector 

of Taxes for the of , and made oath that the 

above statement by him subscribed is true. 

Before me. 

Justice of the Peace. 
[Here annex a copy of the advertisement.] 



256 Acts, 1913. — Chap. 311. 



Forma. No. 27. — FoRMS OF NOTICES WHEN TaX TiTLE IS DEEMED IN- 

VALID, UNDER Sections 71 and 73. 

[from the assessors to the collector.] 

Office of the Board of Assessors, 19 . 

To the Collector of Taxes for the of 

Sir: You are hereby notified that the tax assessed as of the first 
day of April, 19 , in the name of upon an estate 

estimated to contain [here insert area] land, situated [here insert 
the name of street or other description] was invalid by reason of 
error in assessment; and that any deed given by you in conse- 
quence of a sale for the non-payment of such tax conveyed no valid 
title to the purchaser. 

Board of Assessors of the of , by 

A B, 
One of said Assessors. 

No. 28. — 

[from the COLIiECTOR to the holder of the TITLE.] 

Collector's Office, , 19 . 

To 

You are hereby notified that I have reason to believe that the 
title conveyed to by Collector and recorded 

with Deeds, volume page of an es- 

tate described as follows [here describe estate], in the name of 
is invalid by reason of an error [in the assessment for 
the year 19 , or in the proceedings for the sale.] [Here give a 
brief statement of the defect :] and I do hereby, , 

notify and require you, within thirty days from the time when this 
notice shall be served upon you, to surrender and discharge the 
deed so given, and to receive from the of the 

sum due therefor, with interest as provided by law, or to file with 
the Collector a written statement that you refuse to make such 
surrender and discharge. 

C D, 
Collector of Taxes for tJie of 

No. 29. — Affidavit of Witnesses to Entry for Possession 
under Section 70. 

We hereby certify that, on the day of in 

the year one thousand nine hundred and , at 

o'clock and minutes in the [forenoon or afternoon] we 

were present and saw Collector of Taxes for the [city 

or town] of make an open, peaceable, and unopposed 

entry upon the premises described by him in an affidavit signed by 
him and recorded in the Registry of Deeds in the County of 
Book No. page , for the purpose declared by 

him of taking possession of the said property for and in behalf of 
the said [city or town] of in accordance with the pro- 

visions of Section 70, Part II, of Chapter 490, Acts of 1909. 

(Signed) 



Acts, 1913. — Chaps. 312, 313. 257 



Commonwealth of Massachusetts. Forma. 

ss. , 19 . 

Then personally appeared the above named and 

and made oath that the foregoing statement subscribed by them 
is true. 

Before me, 

Justice of the Peace. 

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

Approved March 21, 1913. 



An Act to provide that the obtaining of credit by (jfm^ 312 

FALSE pretences SILiLL CONSTITUTE LARCENY. 

Be it enacted, etc., as follows: 

Whoever, with intent to defraud, by a false statement in Persons ob- 
writing respecting the financial condition, or means or ability by°faise"rJ 
to pay, of himself, or of any other person, firm or corpora- gunfy o? ^^ 
tion, obtains credit from any bank or trust company or any larceny. 
banking institution accustomed to give credit in any form 
whatsoever shall be guilty of larceny. 

Approved March 21, 1913. 

An Act relative to the retirement of certain vet- Chav.^tVd 

ERANS IN the SERVICE OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and '^^j^^^^^ 5 1- 
thirteen of the acts of the year nineteen hundred and eleven 
is hereby amended by adding at the end thereof the words : — 
and provided, further, that in the case of janitors in the em- 
ploy of the school committee of the city the rate of pension 
shall be based upon the net compensation of such employees 
as determined by the school committee, — so as to read as 
follows: — Section 1. A veteran of the civil war in the certain 
service of the city of Boston, if incapacitated for active duty, bf retked?^^ 
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: provided, that no veteran shall be entitled to be Provisoa. 
retired under the provisions of this act unless he shall have 
been in the service of the city for at least ten years; and 
provided, further, that in the case of janitors in the employ 
of the school committee of the city the rate of pension shall 



258 



Acts, 1913. — Chaps. 314, 315. 



City of 
New Bedford 
may supply 
water to a 
part of the 
town of 
Freetown. 



be based upon the net compensation of such employees as 
determined by the school committee. 
Section 2. This act shall take effect upon its passage. 

AyiJroved March, 21, 1913. 

Chap.S14L An Act to authorize the city of new Bedford to 

SUPPLY WATER IN A PART OF THE TOWN OF FREETOWN. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford may contract to 
lay and may lay conduits and other works in the town of 
Freetown under or along the highway leading northerly by 
Long pond from Morton's comer to the Lakeville line, and 
may supply water therefrom for domestic and other purposes 
by means of proper service pipes and other connections to 
the owners and occupiers of land on either side of the said 
highway; but no conduits or pipes shall be laid elsewhere in 
the said town, and all work done in the said town under au- 
thority hereof shall be under the direction of the selectmen 
of the town. 

Section 2. The installation of the said mains and con- 
nections shall be wholly at the expense of the persons sought 
to be supplied, and shall not be undertaken until a sufficient 
contract therefor, with proper surety or sureties, has been 
executed to the satisfaction of the New Bedford .water 
board, which shall have full charge and control of the work 
hereby authorized. 

Section 3. The takers and users of water delivered 
pursuant to the provisions hereof shall pay for the same upon 
the metered rates established in the city of New Bedford, 
and all rules and regulations made by the city of New Bed- 
ford, its water board or any other authority duly authorized 
with respect to the water and the use thereof shall be binding 
upon the said takers and users. 

Section 4. This act shall take effect upon its passage. 

Approved March 21, 1913. 



Payment of 
expense, etc. 



Payment for 
use of water, 
etc. 



Chap.S15 An Act to authorize the city of Worcester to incur 

INDEBTEDNESS FOR THE PURPOSE OF SUPPLYING ITS IN- 
HABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

WatefiSan, Section 1 . For tlic purposc of increasing its water supply, 

Act of 1913. i\^Q city of Worcester is hereby authorized to borrow, from 



Acts, 1913. — Chap. 316. 259 

time to time, such sums of money as it may deem necessary, 
to an amount not exceeding two hundred thousand dollars, 
and to issue therefor notes or bonds. Such notes or bonds 
shall be denominated on the face thereof, Worcester Water 
Loan, Act of 1913; shall be payable by such annual pay- 
ments, beginning not more than one year after the respective 
dates thereof, as will extinguish each loan within twenty 
years from its date; and the amount of such annual pay- 
ment of any loan in any year shall not be less than the 
amount of the principal of said loan payable in any sub- 
sequent year. Each authorized issue of bonds or notes shall 
constitute a separate loan. Said bonds or notes shall bear 
interest at a rate not exceeding four and one half per cent 
per annum, payable semi-annually; shall be signed by the 
treasurer of the city and countersigned by the mayor. The 
city may sell said bonds or notes 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. The 
proceeds of any such sale shall be used only for the purposes 
herein specified. 

Section 2. The said city shall, at the time of author- Payment of 
izing the said loan or loans, provide for the payment thereof 
in accordance with section one of 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 or notes issued as aforesaid by the city, 
and to make such payments on the principal as may be re- 
quired under the provisions of this act, shall without further 
vote be assessed by the assessors of the city annually there- 
after, in the same manner in which other taxes are assessed, 
until the debt incurred by said loan or loans is extinguished. 

Section 3. This act ghall take effect upon its passage. 

Approved March 21, 1913. 



loan. 



An Act to aid free public libraries in tiie small 

TOWNS. 



C/iap.316 



Be it enacted, etc., as follows:* 

Section 1. Chapter one hundred and eighty-three of the looe, iss 
acts of the year nineteen hundred and six is hereby amended ^""^^ 
by striking out the word "two", in the second line, and in- 
serting in place thereof the word : — four, — so as to read 



260 ' Acts, 1913, — Chaps. 317, 318. 

Aid to free . as follows: — The board of free public library commissioners 
pu ic 1 raxies. ^^^ annually expend a sum not exceeding four thousand 
dollars in aid of free public libraries, especially in those 
towns the valuation of which does not exceed six hundred 
thousand dollars. Such aid may include the furnishing of 
books in small quantities, visits to libraries, the instruction of 
librarians, and. such other means of encouraging and stim- 
ulating the small libraries as said commissioners shall deem 
Proviso. advisable: provided, that a full detail of expenditures under 

this act shall be- printed in the annual report of the commis- 
sioners. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1013. 

Chap. 317 An Act relative to the expenses of the board of gas 

AND electric LIGHT COMMISSIONERS. 

Be it enacted, etc., as follows: 
Gas and SECTION 1. The board of gas and electric light com- 

electnc light . . , ii p . . • . • 

commissioners, missiouers may expend annually tor necessary statistics, 

expenses, e . j^Q^j-g^ stationery and contingent expenses, and for clerical 
assistance, such sum as the general court shall annually 
appropriate. 

Inspectors, etc. SECTION 2. The board may expend annually for the 
compensation of the inspector of gas and gas meters, assistant 
inspectors, deputy inspectors of meters, and for office rent, 
travelling and other necessary expenses incidental to the 
duties of said inspectors, such sum as the general court shall 
annually appropriate. 

Repeal. SECTION 3. Chapter fifty-four of the acts of the year 

nineteen hundred and seven, chapter five hundred and 
thirty-six of the acts of the year nineteen hundred and eight 
and section eight of chapter four hundred and eighty-three 
of the acts of the year nineteen hundred and nine are hereby 
repealed. 
Section 4. This act shall take effect upon its passage. 

Approved March 21, 1913. 

Chap. 318 An Act relative to days off for members of the fire 

DEPARTMENTS OF THE CITIES OF LOWELL, TAUNTON AND 
NORTHAMPTON. 

Be it enacted, etc., as follows: 
^^emberaof Section 1. Mcmbcrs of the fire department of any city 

ment to be whicli acccpts the pFovisions of this act, as hereinafter pro- 



Acts, 1913. — Chaps. 319, 320. 261 

vided, shall be excused from duty for one day out of every excused from 
five days, without loss of pay. The time and the manner of certain times, 
so excusing them shall be determined by the chief, or other 
officer or board at the head of the fire department. 

Section 2. The chief, or other officer, or board at the Taking of day 
head of the fire department shall have authority, in case of prevented^in 
any public emergency, to prevent any member of the depart- "^^^^''^ ''^^' 
ment from taking the day oft' herein provided for at the time 
when he is entitled thereto, or at the time assigned therefor: 
prodded, that such day off shall be granted to him as soon Proviso, 
thereafter as may be practicable; and such days shall be in 
addition to any annual vacation now or hereafter allowed to 
the members of the said department, and such annual va- 
cation shall not be diminished on account of the days off 
herein provided for. 

Section 3. This act shall be submitted to the voters of ^S^ ^,^^, , 

.. p X II rn i-K 1 submitted to 

the cities of Lowell, launton and >sorthampton at the state voters for 
election in the current year, and shall take effect in any of 
the said cities upon its acceptance by a majority of the voters . 
voting thereon. Approved March 21, 1913. 

An Act to provide for the encouragement of agri- (JJkit) 319 
culture among children and youths. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one thousand dollars Premiums, 
may annually be expended by the state board of agriculture encouragement 
in premiums or otherwise, as the board shall determine, as of^ag"cuiture, 
rewards to children and youths under eighteen years of age 
for the purpose of stimulating interest and activity in ag- 
riculture. The board shall report annually to the legislature 
the names of the recipients of premiums or other rewards 
given hereunder, and the amount or value given to each. 

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

Approved March 21, 1913. 



Chap.320 



An Act to confirm certain acts of the town of fal- 
mouth in respect to eel pond channel and to au- 
thorize THE TOWN TO TAKE LAND AND ISSUE NOTES OR 
BONDS. 

Be it enacted, etc., as follows: 

Section 1. The action taken and the votes passed by Certain acts 
the town of Falmouth at its annual town meeting on the Falmouth" ° 

confirmed, etc. 



262 



Acts, 1913. — Chap. 321. 



May issue 
notes, etc. 



May acquire 
lands, etc. 



Certain 
provisions of 
law to apply. 



nineteenth and twentieth days of February in the current 
year appropriating the sum of twenty-two thousand dollars, 
said sum, or so much thereof as may be necessary, to be used 
for building a steel drawbridge with a clearance of not less 
than thirty-one feet and six inches over Eel Pond channel in 
the village of Woods Hole, and for acquiring by purchase or 
taking such lands or rights in land as may be required in con- 
nection with the straightening, widening and making slopes 
for said channel, for use as town landings, and to protect 
adjoining walls, are hereby ratified and confirmed, and the 
town of Falmouth is hereby authorized to appropriate for 
this purpose twenty-five hundred dollars from the taxes of 
the current year, and to issue its negotiable notes or bonds, 
in accordance with said votes, and for the purposes therein 
specified, to an amount not to exceed nineteen thousand five 
hundred dollars, bearing interest at a rate not exceeding five 
per cent per annum, payable semi-annually, in sums not ex- 
ceeding twenty-five hundred dollars each year, and in accord- 
ance with the provisions of chapter three hundred and fifty 
of the acts of the year nineteen hundred and eleven. 

Section 2. The selectmen of the town of Falmouth are 
hereby authorized to acquire by purchase or taking such 
lands or rights in land as may be necessary for carrying out 
the work authorized by said votes, and to use land of the 
town for that purpose. The said taking shall be made 
and damages assessed in the manner provided by law for 
the laying out of town ways, so far as the same is applicable. 

Section 3. This act shall be subject to the provisions of 
chapter ninety-six of the Revised Laws and the amendments 
thereof, and the work authorized by said votes shall be done 
in accordance with plans approved by the county commis- 
sioners of the county of Barnstable. 

Section 4. This act shall take effect upon its passage. 

Ayyromd March 21, 1913. 



Chap. 321 An Act relative to returns of public property by 

OFFICERS OF THE MILITIA. 

Be it enacted, etc., as follows: 
Repeal. SECTION 1. Scctiou ouc hundred and ten of chapter six 

hundred and four of the acts of the year nineteen hundred 
and eight, which relates to returns of public property to be 
made by officers of the militia, is hereby repealed. 

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

Approved March 21, 1913. 



Acts, 1913. — Chap. 322. 263 



An Act relative to the sewerage system in the town rhnr) S22 

OF LEXINGTON. ^' 

Be it enacted, etc., as foUoics: 

Section 1. The owners of lands benefited and abutting Sewer assess- 
on streets or ways, public or private, in which sewers shall Swn^of" ^^^ 
be constructed in the town of Lexington under the provisions ^'^^''"ston. 
of chapter five hundred and four of the acts of the year 
eighteen hundred and ninety-seven, as amended by chapter 
three hundred and fifty-nine of the acts of the year nineteen 
hundred and six, and by chapter two hundred and one of 
the acts of the year nineteen hundred and eleven, shall pay 
to the town as a tax in return for the special benefits re- 
ceived by such abutting lands an assessment or charge of 
fifty cents a running front foot, to be assessed by the com- 
missioners in the manner and with the effect herein and in 
sections six, seven, eight, nine and ten of said chapter three 
hundred and fifty-nine provided. In cases of corner lots the 
commissioners shall exempt from assessment so much of 
the frontage upon one of the streets or ways concerned as they 
shall consider just and equitable. In the case of each abutting 
estate the tax shall be considered as assessed upon the speci- 
fied lot to the extent of its whole depth, if the same nowhere 
extends back from the side line of the street or way more 
than one hundred feet, otherwise upon so much of the lot 
as lies between such side line and a line drawn parallel with 
and one hundred feet distant therefrom; and only the land 
upon which the tax is so assessed shall be subject to the lien 
arising therefrom. No land shall be taxed or assessed here- 
under more than once. No drain or sewer from an estate or 
a part of an estate not already assessed or not at the time 
liable to assessment, as herein provided, shall be entered into 
a common sewer except upon the payment of such an assess- 
ment or charge, and upon such other terms and conditions, 
as the commissioners shall determine. 

Section 2. Said town, for meeting necessary expenses Town of 
and liabilities incurred or to be incurred under the provisions seweTi^an, 
of said chapter five hundred and four as amended, may issue ^^^ °^ ^^^^■ 
from time to time bonds or notes to an amount not exceeding 
the amounts heretofore authorized by law to be issued 
by said town for sew^erage purposes. Bonds or notes issued 
under authority of this act shall bear on their face the words. 
Town of Lexington Sewer Loan, Act of 1913; shall be pay- 
able by such annual payments, beginning not more than one 



264 



Acts, 1913. — Chap. 322. 



Payment of 
loan. 



Establishment 
of estimated 
average cost. 



Terms defined. 



year after the respective dates thereof, as will extinguish 
each loan within thirty years from the date thereof; but the 
amount of such annual payment of any loan in any year shall 
not be less than the amount of the principal of said loan pay- 
able in any subsequent year. Each authorized issue of bonds 
or notes shall constitute a separate loan. Said bonds or 
notes shall bear interest at a rate not exceeding four and one 
half per cent per annum, payable semi-annuall}', and shall 
be signed by the treasurer of the town and countersigned by 
the water and sewer commissioners. The toAvn may sell 
such bonds or notes at public or private sale, upon such 
terms and conditions as it may deem proper, but they shall 
not be sold for less than their par value. 

Section 3. Said town shall at the time of authorizing 
said loan or loans provide for the payment thereof in accord- 
ance with section two of this act; and when a vote to that 
effect has been passed, a sum which with the income derived 
from assessments, rates, or charges in lieu thereof, will be 
sufficient to pay the annual expense of operating its sewerage 
system and the interest as it accrues on the bonds or notes 
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 or loans is extinguished. 

Section 4. In the application of sections thirty-one to 
thirty-four, inclusive, of chapter forty-nine of the Revised 
Laws to said town, and generally in the matter of connecting 
estates with sewers, the commissioners may, so far as that 
part of the connection which lies between the property 
line and the entrance to the sewer is concerned, establish and 
alter from time to time as to each street or way a scale of 
estimated average costs, the calculations to be made as if 
the public sewer concerned were laid in the centre of the 
street or way, to the end that owners may have or suffer no 
advantage or disadvantage by reason of the fact that the 
sewer may be on one side or the other of the centre; and the 
amount to be paid by or assessed to an abutting owner shall, 
as regards said part of a connection, be determined by such 
estimated average cost and not by the actual amount thereof. 

Section 5. The terms " sewer commissioners " and " com- 
missioners" found in said chapters three hundred and fifty- 



Acts, 1913. — Chaps. 323, 324. 265 

nine, two hundred and one and herein shall be construed as 
meaning the consolidated board of water and sewer com- 
missioners in said town established by chapter two hundred 
and seventy-seven of the acts of the year nineteen hundred 
and nine. 

Section 6. Section ten of chapter five hundred and four Repeal, 
of the acts of the year eighteen himtlred and ninety-seven, 
sections two, three, four and five of chapter three hundred 
and fifty-nine of the acts of the year nineteen hundred and 
six, and section two of chapter two himdred and one of the 
acts of the year nineteen hundred and eleven are hereby re- 
pealed. 

Section 7. This act shall take effect upon its acceptance Time of 
by vote of a majority of the voters of the town of Lexington ^°' '°^ ^ ^ ' 
present and voting thereon at a legal meeting called for the 
purpose. Approved March 21, 1913. 

An Act relative to soldiers' relief for veterans of (7/iap.323 

THE SPANISH AND PHILIPPINE WARS. 

Be it enacted, etc., as follows: 

Section 1 . The provisions of section eighteen of chapter soidiers- relief 
seventy-nine of the Revised Laws providing soldiers' relief oTthe IpTnish 
for veterans of the civil war and persons dependent upon warsfetc'.^^"'^ 
them shall apply also to those, including army nurses, who 
served in the army or navy or marine corps of the United 
States during the war with Spain or during the Philippine 
insurrection between April twenty-first in the year eighteen 
hundred and ninety-eight and July fourth in the year nineteen 
hundred and two, and to persons dependent upon them. 

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

Approved March 21, 1913. 

An Act to extend the time for giving notice to owners Chap. 324: 

OF REAL estate IN CASES OF INJURY BY SNOW OR ICE, 

Be it enacted, etc., as follotvs: 

Section 1. Chapter three hundred and five of the acts loos, sos, 
of the year nineteen hundred and eight is hereby amended ^"^"^ 
by adding at the end thereof the following: — provided, how- 
ever, that notice within thirty days after the injury shall be 
sufficient; and if by reason of physical or mental incapacity 
it is impossible for the injured person to give the notice 
within thirty days after the injury, he may give it within 



266 



Acts, 1913. — Chap. 325. 



Notices to 
owners of real 
estate in cases 
of injury 
caused by 
snow or ice. 



Proviso. 



thirty days after such incapacity has been removed, and in 
case of his death without having been for thirty days at any 
time after his injiu-y of sufficient capacity to give the notice, 
his executor or administrator may give the notice within 
thirty days after his appointment. No notice shall be held 
to be invalid by reason of any inaccuracy or misstatement of 
the owner's name if it appears that the same was made in 
good faith and did not prevent or unreasonably delay the 
owner from receiving actual notice of the injury and of the 
claim that it occurred from a defective condition of his prem- 
ises, — so as to read as follows : — The provisions of sections 
twenty, twenty-one and twenty-two of chapter fifty-one of 
the Revised Laws, in so far as they relate to notices of in- 
juries resulting from snow or ice, shall apply to actions 
against persons or corporations founded upon the defective 
condition of the premises of such persons or corporations, 
or of an adjoining way, whenever such defective condition is 
caused by, or consists in part of, snow or ice. Leaving 
the notice with the occupant of said premises, or, in case 
there is no occupant, posting the same in a conspicuous place 
thereon, shall be a sufficient compliance with the foregoing 
provisions: jyrovided, however, that notice within thirty days 
after the injury shall be sufficient; and if by reason of 
physical or mental incapacity it is impossible for the injured 
person to give the notice wdthin thirty days after the injury, 
he may give it within thirty days after such incapacity has 
been removed, and in case of his death without having been 
for thirty days at any time after his injury of sufficient 
capacity to give the notice, his executor or administrator 
may give the notice within thirty days after his appointment. 
No notice shall be held to be invalid by reason of any in- 
accuracy or misstatement of the owner's name if it appears 
that the same was made in good faith and did not prevent 
or unreasonably delay the owner from receiving actual notice 
of the injm-y and of the claim that it occurred from a de- 
fective condition of his premises. 

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

Approved March 21, 1913. 



Chap.Z25 An Act to authorize the town of fairhaven to re- 
fund CERTAIN indebtedness. 

Be it enacted, etc., as folloivs: 

hawnmJy'" Section 1. Thc towu of Fairhavcu is hereby authorized 
pfji^'d certain ^o iucur indebtedness to an amount not exceeding twenty- 

inaebtedneas. . 



Acts, 1913. — Chap. 326. 267 

two thousand dollars for the purpose of refunding certain 
outstanding indebtedness of the town due and maturing as 
follows : — Four thousand dollars during the year nineteen 
hundred and thirteen; six thousand five hundred dollars 
during the year nineteen hundred and fourteen; four thou- 
sand dollars during the year nineteen hundred and fifteen; 
four thousand five hundred dollars during the year nineteen 
hundred and sixteen; and three thousand dollars during the 
year nineteen hundred and seventeen. 

Section 2. The town treasurer, with the approval of the Fairhaven 
selectmen and without further vote of the town, may, from Loln^Acfof 
time to time, as the said loans mature, issue notes of the ^^'^' 
town to pay the same. Notes so issued under authority of 
this act shall bear on their face the words, Fairhaven Refund- 
ing Loan, Act of 1913; shall be payable by such annual 
payments, beginning not more than one year after the re- 
spective dates thereof, as will extinguish each note within 
ten years after the date thereof; and the amount of such 
annual payment of any loan in any year shall not be less than 
the amount of the principal payable in any subsequent year. 
The amount authorized to be refunded each year shall con- 
stitute a separate loan. Notes issued under authority of this 
act shall bear interest at a rate not exceeding five per cent 
per annum, payable semi-annually, and the amount required 
to pay the interest on said notes and the amount of the prin- 
cipal thereof as the notes liecome due shall be raised by tax- 
ation, and shall be included by the assessors in the tax levy 
without further appropriation therefor by the town. 

Section 3. This act shall take effect upon its passage. 

A'p'proved March 21, 1913. 

An Act to authorize the city of Worcester to take nhri^ oop 

CERTAIN lands NEAR WASHINGTON SQUARE AND TO SELL 
PART OF THE SAME. 

Be it enacted, etc., as follows: 

For the purpose of laying out, widening, and relocating cityof 
Washington square and the other streets adjacent and near may^take 
thereto, the city of Worcester is herebv authorized to take certain land 

*^ *' lor liignwav 

in fee the land bounded by Washington square. Summer purposes, etc. 
street, Mechanic street, Foster street. Front street and the 
way called Hibernia street, together with so much of the said 
streets as may be a part of the properties so bounded; and 
the city may appropriate so much of said land and property 
for highway and street purposes as is needed therefor, in 



268 



Acts, 1913. — Chap. 327. 



Municipal 
Development 
Commission, 
appointment, 
term, etc. 



the judgment of the city, and the city may sell the remainder 
not so appropriated, for value, with or without suitable 
restrictions, as it may deem fit. 

Aiij)roved March 21, 1913. 

Chap. 327 An Act to provide for a municipal development com- 
mission FOR THE CITY OF FITCHBURG. 

Be it eyiacted, etc., as folloivs: 

Section 1. The mayor of the city of Fitchburg shall 
forthwith appoint, subject to confirmation by the board of 
aldermen, five residents of the city to constitute a Municipal 
Development Commission,' and vacancies in the commission 
shall be filled in like manner. One of the appointees shall be 
designated by the mayor as chairman. Each commissioner 
shall hold office for the term of five years but may be re- 
moved at any time by the mayor for cause and a successor 
may be appointed in his place, subject to confirmation by the 
board of aldermen. The commissioners shall serve without 
compensation and shall organize as soon after appointment 
as possible. The mayor shall serve ex officio as a member 
of the commission but without the right to vote. Unless 
it shall otherwise be provided hereafter, the commission 
hereby established shall exist for the term of five years only. 

Section 2. The commission shall divide its work into 
the following departments: (1) Taxation and revenue, in 
which department it shall be the duty of the commission 
to make a study of the question of municipal revenues and 
the taxation of real property with a view to securing a more 
uniform assessment of such property in the city. It shall 
report its conclusions from time to time to the board of as- 
sessors. (2) City plan and topography, in which depart- 
ment it shall be the duty of the commission to make such 
topographical survey and such plan or plans for the develop- 
ment of the city as in the opinion of the commission may be 
best adapted to the city's future needs. (3) Highways and 
traffic, in which department it shall be the duty of the com- 
mission to report to the city government such recommenda- 
tions of any kind with reference to the highways and the 
regulation of traffic therein as the commission may deem 
best. It may recommend to the city council the adoption 
of building lines upon various streets. Every measure 
affecting any way, street, public park or square, and every 
purchase, or agreement for purchase, of land for the site of 



Departments. 



Acts, 1913. — Chap. 327. 269 

any public building shall, before its passage or adoption by 
the city council, be submitted to the commission for such 
recommendation thereon as it may deem necessary. (4) 
Housing, in which department it shall be the duty of the com- 
mission to investigate and publish reports upon the matter 
of housing. (5) Architectural, in which department it shall 
be the duty of the commission to examine the plans for the 
exterior of any public building and for the development and 
treatment of the grounds about the same, and, before the 
adoption thereof, to report any recommendations thereon 
which it may deem necessary. (6) Educational, in which 
department it shall be the duty of the commission to provide 
for such public lectures and instruction as it may from time 
to time deem necessary. 

Section 3. The general powers and duties of the com- Powers and 
mission shall be as follows: It shall from time to time issue *^"*''''^- 
bulletins regarding its work or containing reports of its in- 
vestigations, which bulletins shall be uniform in size and 
makeup; it may from time to time make any recommenda- 
tion to the city council or to any other city department upon 
any matter within the scope of section two; it may hold 
hearings, either public or private; it may require the attend- 
ance of any city official or agent to give information as to 
his department, and it may organize unpaid volunteer com- 
mittees of citizens to consider and report upon any matters 
of public interest. 

Section 4. The city council shall provide the commission Expenses, etc. 
with a suitable office, and shall pay the actual expenses of 
the commission to an amount not exceeding one thousand 
dollars in any year, unless a special appropriation in excess 
of that amount shall be made. The city council may appro- 
priate whatever sum it may deem necessary for the work. 
With such sums as are appropriated by the city council the 
commission may employ such assistants, experts, engineers 
and architects as it may deem necessary, and may pay the 
actual travelling expenses of the commissioners when they 
travel in the performance of their duties. 

Section 5. The commission shall make an annual report Annual report, 
to the city council of its work, and shall at all times give ^^' 
such information to the city council and the citizens as may 
be required of it. 

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

Aijproved March 21, 1913. 



270 



Acts, 1913. — Chaps. 328, 329. 



Establishment 
of bacterio- 
logical 
laboratorjea 
by counties, 
etc. 



Chap. 328 An Act to authorize counties to establish and main- 
tain OR TO provide bacteriological facilities. 

Be it enacted, etc., as follows: 

Section 1. For the better preservation of the public 
health and for the purpose of securing greater accuracy in 
the diagnosis of communicable diseases, county commis- 
sioners are hereby authorized to establish and maintain 
bacteriological laboratories, or to provide such laboratory 
facilities for their respective counties, from time to time, as 
may be deemed advantageous by them, and for this purpose 
may expend such sums as may be necessary from the treasury 
of the county. 

Section 2. No expenditures shall be made under the 
provisions of this act until the laboratories or the laboratory 
facilities established or provided in accordance herewith have 
been inspected and approved by the state board of health. 

Section 3. This act shall take effect upon its passage. 

Approved March 21, 1913. 



To be 

approved, etc., 
by state board 
of health. 



Chap. 329 An Act to provide for the printing of the annual 
report of the department of animal industry. 



1912, fiOg, § 4 
amended. 



Powers and 
duties. 



Be it enacted, etc., as follows: 



Section 1. Section four of chapter six hundred and eight 
of the acts of the year nineteen hundred and twelve is hereby 
amended by adding at the end thereof the words : — and 
fifteen hundred copies of the report shall be printed, of 
which number six hundred copies may be suitably bound for 
the use of the commissioner of animal industry, — so as to 
read as follows : — Section 4- The commissioner of animal 
industry shall have the powers and perform the duties here- 
tofore conferred and imposed upon the board of cattle com- 
missioners and the chief of the cattle bureau, and shall 
have supervision of the matter of contagious diseases among 
domestic animals in the city of Boston; but no orders or 
regulations made by him under authority of sections four and 
seven of chapter ninety of the Revised Laws, or of section 
seven of the said chapter, as amended by section one of 
chapter two hundred and ninety-seven of the acts of the year 
nineteen hundred and eleven, shall take effect until approved 
Annual report, by tlic govcHior and council. The commissioner shall make 



Acts, 1913. — Chap. 330. 271 

a written report on or before the tenth day of January of each 
year to the general court, •and fifteen hundred copies of the 
report shall be printed, of which number six hundred copies 
may be suitably bound for the use of the commissioner of 
animal industry. 

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

Approved March 21, 1913. 



C/iap.330 



An Act to facilitate the gathering of information 
relative to the wages of women ant) minors. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter seven hundred and '^'2, 706^ §ii, 
six of the acts of the year nineteen hundred and twelve is 
hereby amended by striking out the first two sentences and 
inserting in place thereof the following: — Every employer 
of women and minors shall keep a register of the names, ad- 
dresses and occupations of all women and minors employed 
by him and shall, on request of the commission or of the 
director of the bureau of statistics, permit the commission 
or any of its members or agents, or the director of the bureau 
of statistics or any duly accredited agent of said bureau, 
to inspect the said register and to examine such parts of the 
books and records of employers as relate to the wages paid 
to women and minors. The commission shall also have 
power to subpoena witnesses, administer oaths and take 
testimony, — so as to read as follows: — Section 11. Every Employers to 
employer of women and minors shall keep a register of the orwom?n*and 
names, addresses and occupations of all women and minors p|oy'^,"^tc. 
employed by him and shall, on request of the commission or 
of the director of the bureau of statistics, permit the com- 
mission or any of its members or agents, or the director of 
the bureau of statistics or any duly accredited agent of said 
bureau, to inspect the said register and to examine such parts 
of the books and records of employers as relate to the wages 
paid to women and minors. The commission shall also have summoning 

of witnesses, 



power to subpoena witnesses, administer oaths and take 
testimony. Such witnesses shall be summoned in the same 
manner and be paid from the treasury of the commonwealth 
the same fees as witnesses before the superior court. 

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

Approved March 21, 1913. 



etc. 



272 Acts, 1913. — Chaps. 331, 332, 333, 334. 



Chap. 331 An Act making an appropriation for band concerts 

IN PARKS AND ON OTHER LANDS UNDER THE CONTROL OF 
THE METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

brnTconcens' Section 1. A suiii not excecding twenty-five thousand 
'^''S^etc dollars is hereby appropriated, to be expended during the 

present fiscal year out of the Metropolitan Parks Maintenance 
Fund, to enable the metropolitan park commission to pro- 
vide band concerts in such parks and parkways or on such 
other lands under its control as it may select and at such 
times as it may deem expedient. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1913. 

Chap. 332 An Act to provide for an assistant clerk for the 

district court of western HAMPDEN. 

Be it enacted, etc., as Jolloivs: 

derifof"* Section 1. There shall be an assistant clerk of the 

distnct^court distHct court of wcstcm Hampden. 

Hampden. Section 2. The Salary of said assistant clerk shall be 

Salary. tlircc hundred dollars per anniun, to be paid out of the 

treasury of the county of Hampden. 
Section 3, This act shall take effect upon its passage. 

Approved March 21, 1913. 

Chap.333 An Act relative to records of injuries to employees 

IN FACTORIES. 

Be it enacted, etc., as follows: 

S'^injuHeft'o'^^ SECTION 1. All rccords and reports made by the district 
employees to policc iu rcspcct to iniuries to emplovees in factories, work- 

be open to ■'^ r v l^ t^ j 

public .^^ shops and mercantile establishments shall be open to in- 
spection by the public at all reasonable times. 

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

Approved March 21, 1913. 



inspection. 



Chap.333 An Act relative to insurance against damage caused 

BY TEAMS OR VEHICLES. 

Be it enacted, etc., as folloics: 

itc^'frnendld SECTION 1. Clausc Fifth of scctiou thirty-two of chapter 
five hundred and seventy-six of the acts of the year nineteen 
hundred and seven, as amended by chapter two hundred and 



Acts, 1913. — Chap. 335. 273 

forty-eight of the acts of the year nineteen hundred and eight, 
is hereby further amended by striking out the said clause and 
inserting in place thereof the folio wing : — Fifth, To insure insurance 
any person against bodily injury or death by accident, or ofdamS b"y 
any person, firm or corporation against loss or damage on ^<=cident, etc. 
account of the bodily injury or death by accident of any 
person, or against damage caused by teams, automobiles or 
other vehicles, except rolling stock of railways, to the prop- 
erty of another, for which loss or damage such person, firm 
or corporation is responsible, and to make insurance upon 
the health of individuals. 

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

Approved March 21, 1913. 

An Act relative to the medical examiner districts in Chni) 335 

THE county of NORFOLK. ^' 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter twenty-foiu- of the r. l. 24, §2, 
Revised Laws is hereby amended by striking out the word ^™«°'^''^- 
"nine", in the eighty-eighth fine, and inserting in place 
thereof the w^ord : — eight, — by striking out the words 
"towns of Hyde Park and IMilton", in the ninety-first line, 
and inserting in place thereof the w^ords: — town of Co- 
hasset, — by striking out the w^ords "town of Randolph", 
in the ninety-second line, and inserting in place thereof the 
words : — towns of IMilton and Randolph, — by inserting 
before the words "district eight", in the ninety-seventh 
line, the word : — and, — and by striking out all after 
the word "Brookline", in the ninety-seventh line, so that 
the paragraph comprising lines eighty-eight to ninety- 
eight, inclusive, of said section will read as follows: — In Medical exam- 
the county of Norfolk, one in each of the eight following Norfolk""'^' 
districts: district one, composed of the towns of Dedham, "^unty. 
Needham, Wellesley, Westwood, Norwood and Dover; 
district two, of the town of Cohasset; district three, of the 
city of Quincy and the towns of Milton and Randolph; 
district four, of the towns of Weymouth, Braintree and Hol- 
brook; district five, of the towns of Avon, Stoughton, Can- 
ton, Walpole and Sharon; district six, of the towns of Frank- 
lin, Foxborough and Wrentham ; district seven, of the towns 
of Med way, Medfield, Millis, Norfolk and Bellingham; 
and district eight, of the town of Brookline. 

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

Approved March 21, 1913. 



274 



Acts, 1913. — Chap. 336. 



Deputy 

treasurer and 

receiver 

general, 

appointment, 

etc. 



Chap. 336 An Act relative to the department of the treas- 
urer AND RECEIVER GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general, with 
the consent of the governor and council, shall appoint a 
deputy treasurer and receiver general who shall perform 
such diities as may be assigned to him by the treasurer 
and receiver general. If by reason of sickness, absence or 
other cause the treasurer and receiver general is unable to 
perform the diitiep of his office, the deputy treasurer and 
receiver general shall perform the same until such disability 
ceases. The salary of the deputy treasurer and receiver 
general shall be fixed by the treasurer and receiver general, 
with the approval of the governor and council, and he may 
be removed from office for cause at any time by the treasurer 
and receiver general with the consent of the governor and 
council. 

Section 2. The treasurer and receiver general may em- 
ploy in his department an accountant at a salary of twenty- 
five hundred dollars a year; a bond clerk at a salary of 
eighteen hundred dollars a year; a receiving teller and a 
paying teller, each at a salary of two thousand dollars a yeai; 
an assistant receiving teller and paying teller, each at a salary 
of fifteen hundred dollars a year; and a cashier at a salary of 
twenty-five hundred dollars a year, to be so allowed from the 
first day of January, nineteen hundred and thirteen. 

Section 3. The positions of chief clerk at a salary of 
twenty-six hundred dollars a year, second clerk or book- 
keeper at a salary of twenty-one hundred dollars a year, third 
or interest clerk at a salary of eighteen hundred dollars 
a year, legacy tax clerk at a salary of nineteen hundred 
dollars a year, and bank messenger at a salary of fifteen 
hundred dollars a year are hereby abolished. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved March 21, 1913. 



Additional 
employees, 
salaries, etc. 



Certain 

positions 

abolished. 



Repeal. 



Acts, 1913. — Chaps. 337, 338. 275 



An Act to provide for an independent agricultural (jhnj) 337 

SCHOOL within THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Boston independent 
may establish and maintain an independent agricultural slhwi'may be 
school, as defined by chapter four hundred and seventy-one Boston.^*"^ *" 
of the acts of the year nineteen hundred and eleven, and 
under the authority of and subject to the provisions of said 
act and acts in amendment thereof and in addition thereto. 

Section 2. For the purpose of carrsing out the pro- Land may be 
visions of this act, the board of schoolhouse commissioners *^*'^°' ^*'^' 
of the city of Boston may cause to be taken for the city, in 
the same manner in which land is taken for schoolhouses, 
land in that city not exceeding fifty acres, approved by the 
school committee of the city, and shall build and furnish 
such buildings as are approved by the school committee: 
yrovided, that land having a building thereon may be pur- Proviso, 
chased at such price as the school committee, the schoolhouse 
commissioners and the mayor may determine. 

Section 3. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approted March 21, 1913. 

An Act to authorize the town of rockland to con- /^/,^^ ooo 

STRUCT AND MAINTAIN A SYSTEM OF SEWERAGE AND ' ' 

SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 
Section 1. The town of Rockland is hereby authorized Town of 

,1 , ,, ... 1 , . Rockland may 

to lay out, construct, maintam and operate a system or maintain, etc., 
systems of main drains and common sewers for a part or the sewagi™ ° 
whole of its territory, with such connections and other works '^'^p''^^- 
as may be required for a system of sewerage and sewage dis- 
posal; and, for the purpose of providing better surface or 
other drainage, guarding against pollution of waters, and 
otherwise protecting the public health, may lay, make and 
maintain such main drains as it deems best. For the pur- 
poses aforesaid the to-^ai may, wathin its limits, deepen, 
widen and clear of obstruction any brook, stream or water 
course, miay straighten or alter the channels or divert the 
waters thereof and may lay, make and maintain subdrains. 



276 



Acts, 1913. — Chap. 338. 



Sewer com- 
missioners, 
election, terms, 
etc. 



May take 
lands, water 
rights, etc. 



Proviso. 



Taking of 
land, etc., 
to be recorded. 



and, with the approval of the state board of health, dis- 
charge the water into any brook, stream or water course 
within the town. 

Section 2. The town shall elect a board of three com- 
missioners, to be called sewer commissioners, who shall be 
citizens and residents of the town, and shall be elected by 
ballot at 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 towii shall elect one member 
of the board to serve for three years or until his successor is 
elected and qualified. If a vacancy occurs in the board the 
town may at a meeting called for the purpose elect a person, 
qualified as aforesaid, to fill the vacancy. 

Section 3. The said board of sewer commissioners, 
acting in behalf of the town, shall have power to take, or 
acquire by purchase or otherwise, any lands in fee and any 
water rights, rights of way and easements in said town, 
public or private, necessary for any of the purposes mentioned 
in this act, and may construct within the town such main 
drains and sewers under or over any water course, bridge, 
aqueduct, conduit, railroad, railway or way, or within the 
location of any railroad or railway, and may enter upon and 
dig up and excavate any private land, street or way, or rail- 
road or railway location, for the purpose of lading such 
main drains and sewers, and maintaining and repairing the 
same, and, under the direction of the selectmen of the town, 
may enter upon and dig up anj' 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: provided, however, that said board 
shall not take in fee any land of a railroad corporation, and 
that they shall not enter upon or construct any drains or 
sewers within the location of any railroad corporation, except 
at such time and in such manner as they may agree upon 
with such corporation, or, in case of failure to agree, as may 
be approved by the board of railroad commissioners. 

Section 4. Said board of sewer commissioners in order 
to take any lands in fee, water rights, rights of way or ease- 
ments, shall cause to be recorded in the registry of deeds for 
the county of Plymouth a statement signed by a majority of 
the board, containing a description thereof as certain as 



Acts, 1913. — Chap. 338. 277 

is required in a conveyance of land and specifying that the 
same are taken under authority of this act; and upon such 
recording the title to the land, water rights, rights of way or 
easements described in such statement shall vest in the town 
of Rockland, which shall pay all damages therefor and all 
other damages sustained by any person or corporation 
through any action of said board under this act. Said board Damages. 
at the time of such taking shall notify the owners thereof in 
writing, and may agree with any person or corporation in- 
jured 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 talcing no suit or petition shall be brought after the ex- 
piration of two years from the date of the recording of the 
taking as herein provided; and in all other cases no suit or 
petition shall be brought after the expiration of two years 
from the time when the cause of action accrues. 

Section 5. In every case of a petition for the assess- Town may 
ment of damages, or for a jury, the town may at any sumar'"'^®'^ 
time file in the office of the clerk of the court an offer in ^^^^^^^^- etc 
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 Rockland shall by vote deter- Apportion- 
mine what proportion of the cost of said system or systems of ™'^°* ° *'°^*" 
sewerage and sewage disposal the town shall pay: provided, Proviso. 
that it shall pay not less than one third nor more than one 
half of the whole cost. In providing for the payment of 
the remaining portion of the cost of said system or systems 
the town may avail itself of any or all of the methods per- 
mitted 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 permitted by general laws the remaining portion of 
said cost shall be provided for. In case it determines that Assessments 

, •• J.- £ 'J x'j-U 'IJi? upon owners 

such remammg portion or said cost is to be provided tor, of real estate, 
wholly or in part, by assessments upon the owners of estates 



278 



Acts, 1913. — Chap. 338. 



Provisos. 



Assessment, 
to constitute 
a lien, etc. 



situated within the territory embraced by said system or 
systems and benefited thereby, then the owners of such 
estates shall be assessed by said board of sewer commis- 
sioners their proportional parts, respectively, of such portion 
of said cost as said town shall have determined is to be pro- 
vided 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 amounts of such as- 
sessments the said board shall determine the value of the 
special benefit to each of said estates, respectively, from the 
said system or systems of sewers, taking into account all the 
circumstances of the case; and the proportionate part to 
be paid by the owners of said estates, respectively, shall be 
based upon the amount of the special benefit to each estate, 
determined as aforesaid; and every such owner shall, within 
three months after written notice of such assessment, served 
on him or on the occupant of his estate, or sent by mail to 
the last address of such owner known to the board of sewer 
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 the said 
three months, apportion such assessment into ten equal 
parts or assessments; and the board shall certify such 
apportionment to the assessors of the town, and one of said 
parts or instalments, 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 
3'ear next ensuing, until all the said parts have so been 
added, unless sooner paid as hereinafter provided; and 
prodded, further, that nothing herein contained shall be 
construed to prevent the payment at any time in one pay- 
ment, notwithstanding its prior apportionment, of any bal- 
ance of said assessments then remaining unpaid, but in- 
terest 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 case of corner lots abut- 
ting 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 case of apportion- 



Acts, 1913. — Chap. 338. 279 

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 w^itliin three months after 
service of said notice, or, if apportioned, witliin tliree months 
after any part has become due, may, together A\dth interest 
thereon at the rate of six per cent per amium, with incidental 
costs and expenses, be levied by the collector by sale of the 
estate, or so much thereof as shall be sufficient to discharge 
the assessment and interest and intervening charges. The 
sale and all proceedings connected therewith shall be con- 
ducted in the same manner as sales for the non-pajTnent 
of taxes; and real estate so sold may be redeemed in the 
same manner as if sold for the non-payment of taxes. Such 
assessments or parts thereof may also be collected by an 
action of contract in the name of the town of Rockland against 
the owaier of the estate, brought at any time mthin three 
years after the same have become due. 

Section 8. Any person aggrieved by any such assess- Persons 
ment ma}', at any time witliin three months after ser\ace of aMy'forf*^ 
the notice mentioned in section six of this act, apply to the ^"'■y- ^^''• 
superior court of said comity for a jury to re\dse the same, 
but before making such application he shall give fourteen 
days' notice in Acting of his intention so to do to the board 
of sewer commissioners, and shall therein particularly specify 
Ms objection to the assessment, to wliich specification he 
shall be confined before the jury. 

Section 9. The town of Rockland, for the purpose of Rockland 
paying the necessary expenses and liabilities incurred under iirnrActof 
this act, may incur indebtedness to an amount not exceeding ^^^^' 
two hundred thousand dollars, and may issue from time to 
time therefor bonds or notes; and the debt and loan au- 
thorized by this act and the bonds or notes issued therefor 
shall not be reckoned in determining the statutory limit of 
indebtedness of the to^vn. Such bonds or notes shall bear on 
their face the words, Rockland Sewerage Loan, Act of 1913, 
shall be payable within periods not exceeding thirty years 
from the respective dates of issue, shall bear interest, payable 
semi-amiually, at a rate not exceeding four per cent per 
annum, and shall be signed by the treasurer of the town and 
countersigned by a majority of the selectmen. The town 
may from time to time sell such securities, or any part thereof, 
at public or private sale, but they shall not be sold for less 
than their par value. The proceeds shall be retained in 
the treasuT}^, and the treasurer shall, upon the order of the 



280 



Acts, 1913. — Chap. 338. 



Payment of 
loan. 



Application of 
receipts from 
sewer assess- 
ments, etc. 



Clerk and 
superintend- 
ent, appoint- 
ment, etc. 



Contracts. 



Rules and 

regulations, 

etc. 



board of sewer commissioners, pay therefrom the expenses 
incmred for the pm-poses aforesaid. 

Section 10. The town shall at the time of authorizing 
the said loan provide for the payment thereof in such annual 
payments, beginning not more than one year after the date 
thereof, as will extinguish the same within the time pre- 
scribed by this act; and the amount of such annual payment 
of any loan in any year shall not be less than the amount of 
the principal of said loan payable in any subsequent year. 
When a vote to the foregoing effect has been passed the 
amount required thereby, less the amount that may be appro- 
priated 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 incurred by the town is 
extinguished. 

Section 11. The receipts from sewer assessments and 
from payments made in lieu thereof shall be applied by said 
board to the payment of charges and expenses incident to 
the maintenance and operation of said system of sewerage, 
or to the extension thereof, except that the town may apply 
any part of such receipts to the payment of the interest upon 
bonds or notes issued under authority of this act and not 
otherwise provided for, or to the payment or redemption 
of such bonds or notes, as the town shall by vote determine, 
and the said receipts shall be used for no other purpose. If 
such receipts shall not in any year be sufficient for the pur- 
poses 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 incm'red 
by said board for any purpose calling for an expenditure in 
excess of the amount of money appropriated by the town 
therefor. 

Section 14. Said board may from time to time pre- 
scribe rules and regulations for the connecting of estates 
and buildings with main drains and sewers, and for the 



Acts, 1913. — Chap. 339. 281 

inspection of the materials, the construction, alteration and 
use of all connections and drains entering into such main 
drains or sewers, and may impose penalties not exceeding 
twenty dollars for every \'iolation of any such rule or regula- 
tion. Such rules and regulations shall be published not less 
than once a week for tlu'ee successi^'e weeks in some news- 
paper published in the town of Rockland, if there be any, 
and if not then in some newspaper published in the county 
of Plymouth, and shall not take effect until such publication 
has been made. 

Section 15. No act shall be done under authority of the Plans to be 
preceding sections until plans for said system of sewerage state board of 
have been approved by the state board of health. Upon ^ ^ ' ^'^"' 
application to the state board of health 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 sub- 
mitted to the board. 

Section 16. This act shall take effect upon its passage; Time of 
but no expenditure shall be made and no liability incurred etc. 
hereunder until this act has been accepted by vote of a ma- 
jority of the voters voting thereon at a legal meeting called 
for the purpose. The town may elect said board of sewer 
commissioners, as provided in section two, at the same meet- 
ing at which it accepts this act. 

Approved March 25, 1913. 

An Act to provide for clerical assistance for the (JJiq^j) 339 
clerk of the second district court of eastern mid- 

DLESEX. 

Be it enacted, etc., as foUoivs: 

Section 1. Section one of chapter one hundred and et^^' amended 
ninety-five of the acts of the year nineteen hundred and 
six, as amended by chapter three hundred and forty-eight 
of the acts of the year nineteen hundred and eight, is hereby 
further amended by striking out the said section and insert- 
ing in place thereof the following: — Section 1. The clerk clerical 
of the second district court of eastern Middlesex may an- derk orsecond 
nually expend a sum not exceeding five hundred dollars for of^eastL'^n^'^'^ 
clerical assistance in his office, which shall be paid by the Middlesex. 
county treasurer upon a bill approved by the court. 

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

Approved March 25, 1913. 



282 



Acts, 1913. — Chaps. 340, 341. 



R. L. 41, §6, 
amended. 



Apportion- 
ment of 
income of 



Chap. 340 An Act to change the definition of the term " sup- 
port OF THE PUBLIC SCHOOLS." 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter forty-one of the 
Revised Laws is hereby amended by inserting after the 
Avord "incidentals", in the thirteenth line, the words: — 
but excluding alterations of school buildings other than 
repairs and construction of schoolhouses, — so as to read 
as follows : — • Section 6. No such apportionment and dis- 
tribution shall be made to a town which has not maintained 
to be withheld a scliool as rcquIrcd by section one of chapter forty-two; or 
to'^s!'^'^'^^'" which, if containing the number of families or householders 
required by section two of said chapter, has not maintained, 
for at least thirty-six weeks during the year, exclusive of 
vacations, a high school such as Is mentioned therein; or 
which has not made the returns required by sections five 
and six of chapter forty-three, and complied with the laws 
relative to truancy; or which has not raised by taxation for 
the support of public schools which are authorized or required 
by law, including the wages of teachers, the transportation 
of school children, fuel, the care of fires, school rooms 
and school premises, supervision, text books and supplies, 
and school sundries or incidentals, but excluding alterations 
of school buildings other than repairs and construction of 
schoolhouses during the school year embraced In the last 
annual returns, an amount not less than three dollars for 
each person between the ages of five and fifteen years resident 
in such town on the fii'st day of September of said school 
year. 
Section 2. This act shall take effect upon its passage. 

Approved March 25, 1913. 



Chap. 341 An Act relative to the apportionment of the cost of 
construction, reconstruction, repair and mainte- 
nance OF CERTAIN BRIDGES BETWEEN THE CITIES OF 
BOSTON AND CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. The board of three commissioners heretofore 
appointed by the supreme judicial court to apportion the 
cost of construction, reconstruction, repair and maintenance 



Apportion- 
ment of cost 
of construc- 
tion, etc., of 
certain 



and expenses 

' commis- 
sionera. 



Acts, 1913. — Chaps. 342, 343. 283 

of certain bridges named in chapter five hundred and eighty- bridges be- 

p 1 1 X i! J.1 • J. 1 11 11 '• tween Boston 

one oi the acts oi the year nineteen hundred and eleven is and cheisea. 
hereby authorized to apportion the percentage of the cost 
of the work done and to be done, and also to apportion and 
assess the percentage of the cost of maintenance and repairs 
provided in said act to be apportioned and assessed, and may 
report its apportionment to the supreme judicial court 
notwithstanding that certain items of such cost may remain 
unascertained and unpaid at the time of filing the report. 
The report, when accepted by said court, shall be a final Commis- 
adjudication of all matters referred to the commissioners, to be final 
and shall be binding on all the parties. etc" ''''^*'°"' 

Section 2. The said commissioners shall receive such Compensation 
sums for their services and for their necessary expenses, of 
including stenographers' charges for making reports of 
Ilea rings, as may be allowed by the governor and council; 
and the amounts so allowed shall be added to and made a 
part of the cost to be apportioned under the provisions of 
said chapter five hundred and eighty-one. 

Section 3. Tliis act shall take effect upon its passage. 

Approved March 25, 1913. 



An Act making an appropriation for expenses of cer- QJidj) 342 

TAIN LITIGATION BETWEEN THE COIklMONWEALTH AND 
THE HAVERHILL GAS LIGHT COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifteen thousand dollars is hereby Appropriation, 
appropriated, to be paid out of the treasury of the common- certl'in'' °^ 
wealth from the ordinary revenue, for expenses in connection litigation, 
with litigation pending between the commonwealth of Mas- 
sachusetts and the Haverhill Gas Light Company, the 
same to be expended under the direction of the attorney- 
general. 

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

Approved March 25, 1913, 

An Act relatfv^e to mutual fire insurance companies. (7/^q7j 343 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and seventy-six of the 1907, sre, § so, 
acts of the year nineteen hundred and seven is hereby ^™®'''i«'*- 
amended by striking out section fifty and inserting in place 



284 



Acts, 1913. — Chap. 343.' 



Assessment 
for losses, etc. 



Records, etc. 



Proceedings 
in certain 
cases. 



Payments of 
policy holders, 
etc. 



Company to 
cease to issue 
policies in 
certain case. 



thereof the following: — Section 50. If a mutual fire in- 
surance company is not possessed of cash funds above its 
unearned premiums sufficient for the payment of incurred 
losses and expenses, it shall make an assessment for the 
amount needed to pay such losses and expenses upon its 
members liable to assessment therefor, in proportion to their 
several liabilities. 

The company shall cause to be recorded in a book kept 
for that purpose the order for such assessment, with a state- 
ment which shall set forth the condition of the company 
at the date of the order, the amount of its cash assets and 
of its deposit notes or other contingent funds liable to the 
assessment, the amount which the assessment calls for, and 
the particular losses or other liabilities which it is to provide 
for. The said record shall be made and signed by the directors 
who voted for the order, before any part of the assessment is" 
collected, and any person liable to the assessment may in- 
spect and take a copy of the same. 

If by reason of any depreciation or loss of its funds or 
otherwise the cash assets of such a company, after providing 
for its other debts, are less than the unearned premiums 
upon its policies, it shall make good the deficiency by assess- 
ment in the mode above provided; or the directors may, 
instead of such assessment, make two assessments, the first 
determining what each policy holder must equitably pay 
or receive in case of his withdrawal from the company and 
the cancellation of his policy, the second determining what 
further amount each must pay in order to continue the policy 
for its unexpu-ed term, and being for such proportion of the 
unearned premium as the directors may fix by vote, but in 
no event to exceed the amount of such unearned premium. 
Each policy holder shall pay or receive according to the first 
assessment, and his policy shall then be cancelled unless 
he pays the further amount determined by the second 
assessment, in which case his policy shall continue in force 
for its unexpired term; but in neither case shall a policy 
holder receive or have credited to him more than he would 
have received on having his policy cancelled by the com- 
pany in accordance with the terms of the policy. 

If within two months after such alternative assessments 
have become collectible the amount of the policies whose 
holders have settled for both assessments is less than one 
million dollars, the company shall cease to issue policies; 



Acts, 1913. — Chap. 344. 285 

and all policies whose holders have not settled for both 
assessments shall be void, and the company shall continue 
only for the pm-pose of adjusting the deficiency or excess 
of premiums among the members and settling outstanding 
claims. 

Each policy holder shall be Hable to pay his proportional Liability of 
part of any assessments which may be laid by the company etc. 
in accordance with law and his contract, on account of losses 
and expenses incurred while he was a member, if he is notified 
of such assessment within one year after the expiration 
or cancellation of his policy; and when an assessment is 
ordered, the directors shall forthwith cause written notice 
and demand for payment to be made upon each person sub- 
ject thereto, by mail or personal service. 

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

Approved March 25, 1913. 

An Act relative to lamplighters lighting the lamps (jjidj) 344 

IN THE STREETS, ALLEYS, PUBLIC GROUNDS AND PARKS 
OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Any person who was engaged in the occupa- Lamplighters 
tion of lamplighter lighting the gas lamps in the streets, Boston may 
alleys, public grounds and parks of the city of Boston, on to^i'rta^n*'''' 
the first day of January in the year nineteen hundred and °[^'''' positions. 
thirteen, and who has lost or shall within two years from said 
first day of January lose his position by reason of a change in 
the street lighting methods employed by the city, may in 
the discretion of the mayor of said city be appointed to a 
position as laborer or skilled laborer in the labor service 
of any department of the city for which such lamplighter is 
qualified and fitted by previous training and experience, or 
subject to the approval of said mayor by the head of any 
such department of said city without being subject as to his 
appointment to civil service rules, and without undergoing 
a civil service examination, and thereupon he shall be regis- 
tered upon the list in the class to which he has been appointed 
and shall be subject to civil service laws and rules. 

Section 2. This act shall take effect upon its accept- Time of 
ance by the city council and its approval by the mayor of 
the city of Boston. Approved March 26, 1913. 



286 



Acts, 1913. — Chap. 345 



Luther's 
Corners Water 
Supply- 
District 
established. 



Chap.34i5 An Act to establish the luther's corners water 

SUPPLY DISTRICT IN THE TOWN OF SEEKONK. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Seekonk 
liable to taxation in that town and residing within the 
following boundary lines, to wit: — Beginning at the state 
line at a point five hundred feet northerly from Taunton 
Pike, thence running easterly parallel with said Taunton 
Pike and five hundred feet distant northerly therefrom, 
to a point five hundred feet distant northeasterly from 
Pleasant street; thence tiu*ning and running southeasterly 
parallel with said Pleasant street and five hundred feet 
distant northeasterly therefrom, to a point five hundred 
feet distant southeasterly from Arcade avenue, thence 
turning and running southwesterly parallel with said Arcade 
avenue, and five hundred feet distant southeasterly there- 
from to a point five hundred feet northeasterly from a bridle 
road near the junction of said Arcade avenue and Fall River 
avenue; thence turning and running southeasterly parallel 
with said bridle road and five hundred feet distant north- 
easterly therefrom to County street; thence southerly to an 
angle in Cole street, near the residence of Thomas Norton; 
thence southerly more southwesterly to Cady's corner, thence 
turning and running westerly to the state line at Rulins river, 
thence northerly along said Rulins river and said state 
line to the point of beginning, — shall constitute a water 
supply district, and are hereby made a body corporate by 
the name of the Luther's Corners Water Supply District, 
for the pm-pose of supplying themselves with water for 
the extinguishment of fires and for domestic and other pur- 
poses, 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 otherAvise, 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 contract with any other town or city water 
department or any water company or may take, or acquire 
by purchase or otherwise, and hold, the waters of any pond 



May take 
water sources, 
etc. 



Acts, 1913. — Chap. 345. 287 

or stream or of any ground sources of supply by means of 
driven, artesian or other wells within the town of Seekonk, 
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 
preserving the purity of the water and for conveying the 
same to any part of said district: provided, however, that no Proviso, 
soiu-ce of water supph' and no lands necessary for preserving 
the quality of the water, shall be taken or used without first 
obtaining the adiice and approval of the state board of 
health, and that the situation of all dams, reservoirs and 
wells to be used as som-ces of water supply under this act 
shall be subject to the approval of said board. Said district May erect 
may construct on the lands acquired and held under the pipes, etc' 
pro\asions of tliis 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 establishment and main- 
tenance of complete and effective water works; and for that 
pm-pose may construct wells and reservoirs and establish 
pumping works, and may construct, lay and maintain aque- 
duct's, conduits, pipes and other works under or over any 
land, water coimses, railroads, railways and public or other 
ways, and along such wa}'s in Seekonk, in such manner as 
not unnecessarily to obstruct the same; and for the purpose 
of constructing, laying, maintaining, operating and repairing 
such conduits, pipes and other works, and for all proper 
purposes of this act, said district may dig up or raise and 
embank any such lands, highways or other ways in such 
manner as to cause the least hindrance to public travel on 
such ways in Seekonk; and all things done upon any such 
way shall be subject to the direction of the selectmen of 
the town of Seekonk. 

Section 3. Said water supply district shall, within Taking of 
ninety days after the taking of any lands, water rights, bTrc^corded? 
water sources, rights of way, or other easements under the ^^'^■ 
provisions of tliis 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 
identification, with a statement of the purpose for wliich 
the same were taken, signed by the water commissioners 



288 



Acts, 1913. — Chap. 345. 



Damages. 



The Luther's 
Corners Water 
Supply Dis- 
trict of 

Seekonk Water 
Loan, Act of 
1913. 



hereinafter provided for. The title to all land taken, pur- 
chased or acquired in any way under the provisions of this 
act shall vest in said Luther's Corners Water Supply District, 
and the land so acquired may be managed, improved and 
controlled by the board of water commissioners hereinafter 
provided for, in such manner as they shall deem for the 
best interest of said district. 

Section 4. Said district shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, 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 prop- 
erty or the doing of other injury under authority of this 
act; but no such application shall be made after the expira- 
tion of said two years; and no application for assessment 
of damages shall be made for the taking of any water, water 
right, or for any injury thereto, until the water is actually 
withdrawn or diverted by 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 
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 inciu-red under the pro- 
visions of this act, may issue from time to time bonds or 
notes to an amount not exceeding fifteen thousand dollars. 
Bonds or notes issued under authority of this act shall bear 
on their face the words, The Luther's Corners Water Supply 
District of Seekonk Water Loan, Act of 1913; shall be payable 
by such annual payments, beginning not more than one year 
after the respective dates thereof, as will extinguish each loan 
within thirty years from the date thereof; and the amount 
of such annual payment of any loan in any year shall not 
be less than the amount of the principal of said loan payable 



Acts, 1913. — Chap. 345. 289 

in any subsequent year. Each authorized issue of bonds or 
notes shall constitute a separate loan. Said bonds or notes 
shall bear interest at a rate not exceeding foiu- and one half 
per cent per annum, payable semi-annually; shall be signed 
by the treasurer of the district and countersigned by a ma- 
jority of the water commissioners. The district may sell such 
bonds or notes 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. The town of Seekonk may, at 
an annual town meeting or at a legal meeting called for the 
purpose, guarantee the pa^Tnent of such bonds or notes. 

Section 6. Said district shall at the time of authorizing Payment of 
said loan or loans provide for the payment thereof in accord- 
ance with section Rve of this act; and when a vote to that 
effect has been passed, a sum which, with the income derived 
from water rates, vn\l be sufficient to pay the annual expense 
of operating its water works and the interest as it accrues 
on the bonds or notes issued as aforesaid by the district, and 
to make such payments on the principal as may be required 
under the provisions of this act, shall without fm-ther vote be 
assessed by the assessors of the town annually thereafter, 
in the same manner in wliich other taxes are assessed, until 
the debt incurred by said loan or loans is extinguished. 

Section 7. Whenever a tax is duly voted by said district Assessment of 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of the town of Seekonk, who 
shall proceed within thirty days thereafter to assess the same 
in the same manner in which town taxes are required by law 
to be assessed. The assessment shall be committed to the 
town collector, who shall collect said tax in the manner pro- 
vided by law for the collection of town taxes, and shall 
deposit the proceeds thereof with the district treasurer for the 
use and benefjt of said district. Said district may collect 
interest on overdue taxes in the manner in w^hich interest is 
authorized to be collected on town taxes: provided, that Proviso, 
the district at the time of voting to raise the tax shall so 
determine, and shall also fix a time for pa>Tiient thereof. 

Section 8. 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 Seekonk, 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 



290 



Acts, 1913. — Chap. 345. 



Water 

commiasioners, 
election, term, 
etc. 



Quorum. 
Vacancy. 



Water rates, 
etc. 



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 vot- 
ing thereon it shall take effect, and the meeting may then 
proceed to act on the other articles contained in the warrant. 
The said first meeting shall not be valid unless held within 
two years after the passage of this act, and this act shall 
become void unless the said district shall begin to distribute 
water to consumers within two years after the date of the 
acceptance of the act as aforesaid. 

Section 9. The Luther's Corners Water Supply District 
shall, after the acceptance of this act as aforesaid, elect by 
ballot three persons to hold office, one until the expiration of 
tlu*ee years, one until the expiration of two years, and one 
until the expiration of one year from the next succeeding 
annual district meeting, to constitute a board of water 
commissioners; and at every annual meeting thereafter one 
such commissioner shall be elected by ballot for the term of 
three years. All the authority granted to said district by 
this act, and not otherwise specifically provided for, shall be 
vested in said board of water commissioners, who shall be 
subject, however, to such instructions, rules and regulations 
as the district may by vote impose. Said commissioners 
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 approved by the 
commissioners. A majority of the commissioners shall con- 
stitute a quorum for the transaction of business. Any 
vacancy occurring in said board from any cause may be filled 
for the remainder of the unexpired term by said water supply 
district at any legal meeting called for the purpose. No 
money shall be drawn from the district treasury on account 
of the water works except upon a written order of said com- 
missioners or a majority of them. 

Section 10. Said commissioners shall fix just and 
equitable prices and rates for the use of water, and shall 
prescribe the time and manner of payment. The income of 
the water works shall be applied to defraying all operating ex- 
penses, interest charges and payments on the principal as 



Acts, 1913. — Chap. 345. 291 

they accrue upon any bonds or notes issued under authority 
of this act. If there should be a net surphis remaining after 
providing for the aforesaid charges, it may be used for such 
new construction as the water commissioners may determine 
upon, and in case a siu'plus should remain after payment for 
such new construction the water rates shall be reduced pro- 
portionately. No money shall be expended in new construc- 
tion by the water commissioners except from the net surplus 
aforesaid, unless the district appropriates and provides 
money therefor. Said -commissioners shall annually, and as 
often as the district may require, render a report upon the 
condition of the works imder their charge, and an account of 
their doings, including an account of receipts and expendi- 
tures. 

Section 11. Said district may adopt by-laws pre- sy-iaws, etc. 
scribing by whom and how meetings may be called, noti- 
fied and conducted; and, upon the application of ten or more 
legal voters in the district meetings may also be called by 
warrant as pro\ided 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. A^lioever wilfully or wantonly corrupts, pol- ponut*ion°etc., 
lutes or diverts ain' water obtained or supplied under this °^ ^**^'^' ^**=- 
act, or wilfully or wantonly injures any reservoir, stand- 
pipe, aqueduct, pipe or other property owned or used by said 
district for the purposes of this act, shall forfeit and pay to 
the district three times the amount of damages assessed^ 
therefor, to be recovered in an action of tort, and upon con- 
\dction 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. Upon a petition in writing addressed to the Certain prop- 
water commissioners by any owner of real estate in Seekonk fncTudTcfwith- 
abutting on the district described in section one, or as sub- ITpon^liltion 
sequently enlarged under the provisions of this section, ^^'^^ 
setting forth that the petitioner desires to have certain 
accurately described parts of his real estate included in the 
district, the water commissioners shall cause a duly warned 
meeting of the district to be called, at which meeting a ma- 
jority of the voters present and voting may vote to include 



292 



Acts, 1913. — Chap. 346. 



within the district said petitioner's real estate as described 
in his petition. If it be so voted the clerk of the district 
shall within ten days file with the town clerk of Seekonk an 
attested copy of said petition and vote, describing precisely 
the real estate added to the district; and thereupon said 
petitioner's real estate as described in his petition shall be- 
come a part of said district and shall be holden under the 
provisions of this act in the same manner and to the same 
extent as the real estate described in section one. 

Approved March 26, 1913. 



R. L. 76, § 3, 
amended. 



Examination 
and registra- 
tion. 



C/iap.346 An Act relative to the reinstatement of physicians 

BY the board of REGISTRATION IN MEDICINE. 

Be it enacted, etc, as follows: 

Section 1. Section three of chapter seventy-six of the 
Re^dsed Laws is hereby amended by inserting after the 
word "profession", in the nineteenth Hne, the following: 
— The board may subsequently, but not earher than one 
year thereafter, by a unanimous vote, reissue any certificate 
formerly issued by it or issue a new certificate, and register 
anew any physician whose certificate was revoked and whose 
registration was cancelled by the board, — so as to read as 
follows: — Section 3. Apphcations for registration shall be 
made upon blanks to be furnished by the board, and shall be 
signed and sworn to by the applicants. Each applicant for 
registration shall furnish satisfactory proof that he is twenty- 
one years of age or over and of good moral character and, 
upon payment of a fee of twenty dollars, shall be ex- 
amined by said board. If he is found by four or more mem- 
bers thereof to be twenty-one years of age or over, of good 
moral character and qualified, he shall be registered as a 
qualified physician and shall receive a certificate thereof 
signed by the chairman and secretary. An applicant who 
fails to pass an examination satisfactory to the board, and is 
therefore refused registration, shall be entitled within one 
year after such refusal to a re-examination at a meeting of 
the board called for the examination of applicants, without 
the payment of an additional fee; but two such re-examina- 
tions shall exhaust his pri\'ilege under his original application. 
Said board, after hearing, may by unanimous vote revoke 
any certificate issued by it and cancel the registration of any 
physician who has been convicted of a felony or of any crime 



Certificate 
may be 
revoked, etc. 



Acts, 1913. — Chap. 347. 293 

in the practice of his profession. The board may sub- 
sequently, but not earUer than one year thereafter, by a unan- 
imous vote, reissue any certificate formerly issued by it or 
issue a new certificate, and register anew any physician whose 
certificate was revoked and whose registration was cancelled 
by the board. All fees received by the board shall, once in 
each month, be paid by its secretary into the treasury of the 
commonwealth. 

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

Approved March 26, 1913. 

An Act relative to prosecutions under the act regu- Qhnjj 347 

LATINO THE BUSINESS OF MAKING SMALL LOANS. 

Be it enacted, etc., as follows: 

Section 1. Section tlu-ee of chapter seven hundred and e?"'Jmen/d 
twenty-seven of the acts of the year nineteen hundred and 
eleven, as amended by section two of chapter six hundred 
and seventy-five of the acts of the year nineteen hundred and 
twelve is hereby further amended by adding at the end 
thereof the following : — In prosecutions under this act, the 
amount to be paid upon any loan of three hundred dollars 
or less for interest or expenses shall include all sums paid or 
to be paid by or on behalf of the borrower for interest, 
brokerage, recording fees, commissions, services, extension 
of loan, forbearance to enforce payment, and all other sums 
charged against or paid or to be paid by the borrower for 
maldng or securing du-ectly or indirectly the loan, and shall 
include all such sums when paid by or on behalf of or charged 
against the borrower for or on account of making or secm-ing 
the loan, directly or indirectly, to or by any person, partner- 
ship, corporation or association other than the lender, if such 
pajTnent or charge was kno^\^l to the lender at the time of 
making the loan, or might have been ascertained by reason- 
able inquiry. Any person, partnersliip, corporation or asso- 
ciation directly or indirectly engaging in the busmess of 
negotiating, arranging, aiding or assisting the borrower or 
lender in procuring or making loans of three hundred dollars 
or less for which the amount paid or to be paid for interest 
and expenses, including all amomits paid or to be paid to any 
other party therefor, exceeds in the aggregate an amount 
equivalent to twelve per cent per annum, whether such loans 
are actually made by such person, partnership, corporation 



294 



Acts, 1913. — Chap. 347. 



Persons 
engaged in the 
business of 
making small 
loans to be 
licensed, etc. 



or association, or by another party or parties, shall be deemed 
to be engaged in the business of making small loans and shall 
be subject to the provisions of this act, — so as to read as 
follows : — Section 3. No person, partnership, corporation, 
or association within the commonwealth, shall directly or 
indirectly engage in the business of making loans of three 
hundred dollars or less, if the amount to be paid on any such 
loan, for interest and expenses, exceeds in the aggregate an 
amount equivalent to twelve per cent per annum upon the 
sum loaned, without fii'st obtaining from the supervisor of 
loan agencies a license to carry on the said business in the 
city or town in which the business is to be transacted. When 
an application for a loan, or for an endorsement or guarantee, 
or for the piu-chase of a note is made by any person within 
this commonwealth, and the money is advanced, or the en- 
dorsement or guarantee is made or furnished by any person, 
partnership, corporation, or association situated without the 
commonwealth, the transaction shall be deemed a loan made 
within the commonwealth, and such a loan and the parties 
making it shall be subject to the provisions of this act. The 
buying or endorsing of notes, or the furnishing of guarantee 
or security for compensation shall be considered to be en- 
gaging in the business of making small loans within the pro- 
visions of this act. In prosecutions under this act, the amount 
to be paid upon any loan of three hundred dollars or less for 
interest or expenses shall include all sums paid or to be paid 
by or on behalf of the borrower for interest, brokerage, 
recording fees, commissions, services, extension of loan, for- 
bearance to enforce payment, and all other sums charged 
against or paid or to be paid by the borrower for making or 
securing directly or indirectly the loan, and shall include all 
such sums when paid by or on behalf of or charged against 
the borrower for or on account of making or securing the 
loan, directly or indirectly, to or by any person, partnership, 
corporation or association other than the lender, if such pay- 
ment or charge was known to the lender at the time of making 
the loan, or might have been ascertained by reasonable in- 
quiry. Any person, partnership, corporation or association 
directly or indirectly engaging in the business of negotiating, 
arranging, aiding or assisting the borrower or lender in pro- 
curing or making loans of three hundred dollars or less for 
which the amount paid or to be paid for interest and expenses, 
including all amounts paid or to be paid to any other party 



Acts, 1913. — Chap. 347. 295 

therefor exceeds in the aggregate an amount equivalent to 
twelve per cent per annum, whether such loans are actually 
made by such person, partnership, corporation or association, 
or by another party or parties, shall be deemed to be engaged 
in the business of making small loans and shall be subject 
to the provisions of this act. 

Section 2. Section seventeen of said chapter seven i9ii, 727, § 17. 
hundred and twenty-seven as amended by section five of said ^ "" *™^ 
chapter six hundred and seventy-five is hereby fiu-ther 
amended by adding at the end thereof the following: — 
In prosecutions under this act the fact that the defendant 
has made or assisted in the making of two or more loans of 
three hundred dollars or less upon which there has directly 
or indirectly been paid or charged for interest, brokerage, 
recording fees, commissions, ser\'ices, extension of loan, 
forbearance to enforce payment or other exi)enses, a sum 
which exceeds in the aggregate an amount equivalent to 
twelve per cent per annum upon the amount actually re- 
ceived by the borrower, whether such sum has been paid 
to or charged by the defendant or paid to or charged by 
any other person, jjartnership, corporation or association 
shall be prima facie evidence that the defendant has engaged 
in and carried on the business of maldng loans to which the 
provisions of this act apply, — so as to read as follows: — 
Section 17. Whoever not being duly licensed as provided in Penalty for 

, , . , 1 . , ,0 ,1 acting without 

this act, on his own account or on account oi any other person, a Ucenae, etc 
partnership, corporation or association not so licensed, en- 
gages in or carries on, directly or indirectly, either separately 
or in connection with or as a part of any other business, the 
business of making loans or buying notes or furnishing en- 
dorsements or guarantees, to wliich the provisions of this 
act apply, shall be punished by a fine of not more than five 
hundred dollars, or by imprisonment for not more than sixty 
days, or by both such fine and imprisonment. And any loan 
made or note purchased, or endorsement or guarantee fur- 
nished by an unlicensed person, partnership, corporation or 
association in violation of this act shall be void. In prose- 
cutions under this act the fact that the defendant has made 
or assisted in the making of two or more loans of three hun- 
dred dollars or less upon which there has directly or indirectly 
been paid or charged for interest, brokerage, recording fees, 
commissions, services, extension of loan, forbearance to en- 
force payment or other expenses, a sum which exceeds in the 



296 



Acts, 1913. — Chaps. 348, 349. 



aggregate an amount equivalent to twelve per cent per 
annum upon the amount actually received by the borrower, 
whether such sum has been paid to or charged by the de- 
fendant or paid to or charged by any other person, partner- 
ship, corporation or association shall be prima facie evidence 
that the defendant has engaged in and carried on the business 
of making loans to which the provisions of this act apply. 

Approved March 26, 1013. 



C hap. 34iS An Act to authorize the county of Suffolk to pay a 

SUM of money to the widow of THOMAS FALLON. 

Be it enacted, etc., as folloivs: 

Section 1. The city council of the city of Boston, acting 
as county commissioners of the county of Suffolk, is hereby 
authorized to pay to Elizabeth Fallon, widow of Thomas 
Fallon late of Boston, an officer in the Suffolk county jail, a 
sum not exceeding eight hundred dollars on account of in- 
juries received by the said Fallon in the performance of his 
duty and which injuries resulted in his death. 

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

Approved March 26, 1913. 



County of 
Suffolk may 
pay a sum of 
money to 
Elizabeth 
Fallou. 



C/iap.349 An Act relative to petitions for the pardon of per- 
sons serving sentences for murder or felony. 

Be it enacted, etc., as follows: 

Section 1. In all cases of petitions for pardons referred 
to the executive council by the governor, where the petitioner 
is serving a sentence in the state prison for murder or for a 
felony, the executive secretary shall notify the attorney- 
general, and also the district attorney who prosecuted the 
case, and they or their representatives may be present at 
the hearing on the petition by the pardon committee of the 
executive council, and may examine the petitioner's witnesses, 
and may present to the pardon committee full information 
as to the case of the commonwealth against the petitioner on 
which he stands convicted of the crime for which he is serving 
sentence. 

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

Approved March 26, 1913. 



Attorney- 
general and 
district 

attorney to be 
notified of 
petition for 
pardon in 
certain cases, 
etc. 



Acts, 1913. — Chaps. 350, 351, 352. 297 



An Act making appropriations for salaries and ex- qJiq^j) 350 

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- Appropriations, 
priated, to be paid out of the treasury of the commonwealth of weightsTnd 
from the orcHnary revenue, for the salaries and expenses of ""^^^''^''■ 
the commissioner of weights and measures, for the fiscal year 
ending on the thirtieth day of November, nineteen hundred 
and thirteen, to wit: — 

For the salary of the commissioner, two thousand dollars. Commissioner. 

For the salaries of inspectors, eighty-seven hundred and inspectors. 
fifty-one dollars. 

For clerical services, travel and contingent office expenses. Expenses. 
a sum not exceeding eighty-nine hundred and eighty dollars. 

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

Ayyroved March 26, 1913. 



An Act making an appropriation for operating the (J}^^q^ 351 

SOUTH metropolitan SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred nine south Metro- 
thousand four hundred and sixty dollars is hereby appro- system of 
priated, to be paid out of the South Metropolitan System dl^S, 
INIaintenance Fund, for the cost of maintenance and opera- mamtenance, 
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, 
and Milton, during the fiscal year ending on the thirtieth 
day of November, nineteen hundred and thirteen. 

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

Approved March 26, 1913. 

An Act making an appropriation for operating the nhnr) 352 

NORTH metropolitan SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred seventy North 
thousand six hundred dollars is hereby appropriated, to be ^stem^of*^" 



298 Acts, 1913. — Chaps. 353, 354. 

sewage paid oiit of the North Metropolitan System Maintenance 

maintenance, J'und foF 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 
thirteen. 
Section 2. This act shall take effect upon its passage. 

Aiyproved March 2G, 1913. 

Chap.SoS An Act making an appropriation for operating the 

METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as foUoivs: 
Metropolitan SECTION 1. A sum not exceeding four hundred and 

water system, i i 1 1 • i i • i 

maintenance, forty-sevcn thousaud doUars IS hereby appropriated, to be 



etc. 



paid out of the Metropolitan Water Maintenance Fund, for 
the maintenance and operation of the metropolitan water 
system for the cities and towns in what is known as the met- 
ropolitan water district, during the fiscal year ending on the 
thirtieth day of November, nineteen hundred and thirteen. 
Section 2. This act shall take effect upon its passage. 

Ajyproved March 2G, 1913. 

Chap. 354: An Act making an appropriation for the care and 
maintenance of the nantasket beach reservation 

BY the METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as folloivs: 

Nantasket Section 1. A sum uot cxcecding thirty-two thousand 

reservation, ouc huiidrcd eighty-scvcn dollars and three cents is hereby 
etc. ' appropriated, to be paid out of the Metropolitan Park Sys- 

tem, Nantasket, Maintenance Fund, for the care and main- 
tenance of the Nantasket beach reservation by the metro- 
politan park commission, during the fiscal year ending on 
the thirtieth day of November, nineteen hundred and thirteen, 
the same to be covered by assessments upon certain cities and 
towns in the metropolitan district, in accordance with the 
provisions of chapter four hundred and sixty-four of the 
acts of the year eighteen hundred and ninety-nine. 
Section 2. This act shall take effect upon its passage. 

Approved March 26, 1913. 



Acts, 1913. — Chaps. 355, 356. 299 



An Act relative to the preservation of certain public (jjmj) 355 

RECORDS. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter thirty-five of the r. l. ss, § 15. 
Revised Laws is hereby amended by inserting after the word ^™''" 
"commonwealth", in the sixth hne, the words: — and such 
records within the commonweaUh may be dehvered by their 
custodians to any county, city or town for such copying, — 
so as to read as follows: — Section 15. County commis- Copies of 

• , '1 1 1 J. • r certain public 

sioners, city councils and selectmen may cause copies ot records may 
records of counties, cities or towais, of town proprietaries, of ^^ ™'^^^' ^^'^' 
proprietors of plantations, townships or common lands, 
relative to land situated in their county, city or town or of 
easements relating thereto, to be made for their county, city 
or town, whether such records are within or without the 
commonwealth, and such records within the commonwealth 
may be delivered by their custodians to any county, city 
or town for such copying. City councils and selectmen may 
also cause copies to be made of the records of births, bap- 
tisms, marriages and deaths which are kept by a church 
or parish which is in their city or town. 

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

Approved March 26, 1913. 

An Act relative to annual returns of school statistics, njidj) 356 

Be it enacted, etc., as jolloics: 

Section 1. Section four of chapter forty-three of the n. l. 43, h, 
Revised Laws, as amended by section three of chapter three ^ ^'' ^"^^^ '^ 
hundred and sixty-eight of the acts of the year nineteen hun- 
dred and twelve, is hereby further amended by striking out 
the word "school", in the sixteenth line, and inserting in 
place thereof the word : — fiscal, — and by inserting after 
the word "taxation", in the twenty-fifth line, the words: — 
and also the total expenditures, classified, for the public 
schools during the school year last preceding the date of this 
certificate, — so as to read as follows : — Section 4- The Number of 

1 • ^111 •j.j. 1 11 11 1 school children 

chairman ot each school committee shall annually on or be- etc., to be 
fore the thirty-first day of July transmit to the commissioner <=^'"*'fi«'^' ^**'- 
of education a certificate filled out, signed and sworn to by 
him, containing the following statements : — 



300 Acts, 1913. — Chap. 356. 

First. The number of persons between the ages of five 
and fifteen years, and the number 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 member- 
ship 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 fiscal year last pre- 
ceding the date of the certificate for the support of the public 
schools, including the wages of teachers, the transportation 
of school children, fuel, the care of fires, schoolrooms and 
school premises, repairs, supervision, text-books and supplies, 
and school sundries or incidentals, but excluding altera- 
tions 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, and also the total 
expenditures, classified, for the public schools during the 
school year last preceding the date of this certificate. 

Fourth. That the town (or city) has maintained during 
the school year last preceding the date of this 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 less than thirty-two weeks, or twenty-eight weeks, if 
such reduction has been allowed under the provisions of 
the aforesaid section. 

Fijth. That the town (or city) has maintained, during 
the school year last preceding the date of this certificate, a 
high school, as required by section two of said chapter forty- 
two, for a period of months, 
days, as stated. 
Blank forma 'Y\iQ board of cducatiou is authorized and directed to pre- 

to be furnished. lo.i ii • • t ^ e e ^ 

pare and furnish to school committees suitable forms oi the 
certificate required by this section. 
Section 2. This act shall take effect upon its passage. 

Api^roved March 26, 1913. 



Acts, 1913. — Chaps. 357, 358, 359. 301 



An Act relative to the use of safety devices on the Chaj).3d7 

CARS OF STREET RAILWAY COMPANIES. 

Be it enacted, etc., as folloivs: 

Section 1. Section ninety of Part III of chapter four looe, 4G3. 
hundred and sixty-three of the acts of the year nineteen hun- etc"? amended. 
dred and six, as amended by chapter three hundred and 
forty-five of the acts of the j'ear nineteen hundred and eleven, 
is hereby further amended b}^ striking out the word "and", 
in the third Hne, and by inserting after the word "tools", in 
the same line, the words : — and other safety devices, — so 
as to read as follows : — Section 90. A street railway com- Equipment of 
pany shall equip its cars, when in use, with such headlights, ^r^*^ railway 
fenders, wheel guards, brakes, emergency tools and other 
safety devices as may be required by the board of railroad 
commissioners, and said board may modify its requirements. 

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

Approved March 26, 1913. 

An Act relative to the annual report of the di- nhnj. qcq 

RECTOR of the BUREAU OF STATISTICS ON THE STATIS- 
TICS OF LABOR. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter three hundred and i^o^- ^n, § 3 

.. (•! • Till ^t-c-. amended. 

seventy-one oi the acts oi the year nmeteen hundred and 

nine, as amended by chapter eighty-three of the acts of the 

year nineteen hundred and ten, and by chapter seventy-four 

of the acts of the year nineteen hundred and eleven, is hereby 

further amended by inserting after the word "bureau", in 

the nineteenth line, the words : — but there shall be issued Annual report 

an additional number of the several parts of said report such bureau*'©/ ° 

as in the judgment of the director of the bureau may be re- ®^'**'^^"'^- 

quired to meet the public demand for the same. 

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

Approved March 20, 1913. 

An Act to prohibit in manufacturing and mechanical pij^j^ okq 
establishments the making up of time lost on AC- ^ 
count of a legal holiday. 

Be it enacted, etc., as follows: 

Section 1 . It shall be unlawful to require or to request Making up of 
any person employed in a manufacturing or mechanical tf^Veguiated. 



302 



Acts, 1913. — Chap. 360. 



Penalty. 



establishment to work more hours In any one day than is 
now Hmited by law, in order to make up time lost by reason 
of a legal holiday. 

Section 2. Whoever violates the provisions of this act 
shall be punished by a fine not exceeding one hundred dollars 
for each offence. Approved March 26, 1013. 



Certain 
marriages de- 
clared void. 



C/ia?). 360 An Act to make uniform the law relating to mar- 
riages IN another state or country in evasion or 
violation of the laws of the state of domicile. 

Be it enacted, etc., as foUoivs: 

Section 1. If any person residing and intending to con- 
tinue to reside in this state who is disabled or prohibited 
from contracting marriage under the laws of this state shall 
go into another state or country and there contract a mar- 
riage proliibited and declared void by the laws of this state, 
such marriage shall be null and void for all purposes in this 
state with the same effect as though such prohibited marriage 
had been entered into in this state. 

Section 2. No marriage shall be contracted in this state 
by a party residing and intending to continue to reside in 
another state or jurisdiction if such marriage would be void 
if contracted in such other state or jurisdiction, and every 
marriage celebrated in this state in violation of this pro- 
vision shall be null and void. 

Section 3. Before issuing a license to marry to a person 
who resides and intends to continue to reside in another state, 
the officer having authority to issue the license shall satisfy 
himself, by requiring affidavits or otherwise, that such person 
is not prohibited from intermarrying by the laws of the 
jurisdiction where he or she resides. 

Section 4. Any official issuing a license with knowledge 
that the parties are thus prohibited from intermarrying, and 
any person authorized to celebrate marriage who shall 
knowingly celebrate such a marriage shall be guilty of a mis- 
demeanor, and on conviction thereof shall be punished by 
a fine of not less than one hundred dollars or more than five 
hundred dollars, or by imprisonment for not more than one 
year, or by both such fine and imprisonment. 

Section 5. This act shall be so interpreted and con- 
strued as to effectuate its general purpose to make uniform 
the law of those states which enact it. 



Marriage in 
this state of 
certain non- 
residents 
prohibited, 
etc. 



Affidavits 
required. 



Penaltiea. 



Purpose of 
act. 



Acts, 1913. — Chap. 361. 303 

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

Section 7. This act shall take effect on the first day of Jj|^« °^ ^^'°s 
January, nineteen hundred and fourteen. 

Approved March 26, 1913. 



An Act to ciiANCE the name of the Worcester board Chav.ZQl 
OF trade and to authorize it to hold additional 
real and personal estate. 

Be it enacted, etc., as jollows: 

Section 1. The Worcester Board of Trade shall here- Name 
after be called the Worcester Chamber of Commerce. ^ ^^^^'' ' 

Section 2. Section one of chapter ten of the acts of amended^ ^' 
the year eighteen hundred and se\'enty-five is hereby amended 
by striking out the words "Board of Trade", in the fourth 
line, and inserting in place thereof the words: — Chamber of 
Commerce, — and by striking out the words " trade and 
business in the city of Worcester and vicinity", in the fifth 
line, and inserting in jjlace thereof the words : — the material 
development and the civic welfare of Worcester, — so as to 
read as follows: — Section 1. Sumner Pratt, E. B. Stoddard, Worcester 
John D. Washburn, Edward L. Davis, their associates Commerce 

1 1 , 1 , • 1 J 1 incorporated. 

and successors are hereby made a corporation, by the name 
of the Worcester Chamber of Commerce, for the purpose of 
promoting the material development and the civic welfare 
of Worcester, with all the duties, liabilities and restrictions 
set forth in all general laws which now are or may hereafter 
be in force relating to such corporations: provided, Jioivever, Proviso. 
that this act shall not be construed to authorize said cor- 
poration to traffic in goods, wares or merchandise of any de- 
scription. 

Section 3. Section two of said chapter ten is hereby isrs, lo, § 2, 
amended by striking out the words "ten thousand", in the ^'"^°'^®'^- 
second line, and inserting in place thereof the words : — one 
million, — so as to read as follows : — Section 2. Said cor- May hold 
poration may hold real and personal estate not exceeding personal 
one million dollars in value, to be devoted to the purposes of ^^*'^*°- 
said corporation. Approved March 26, 1913. 



304 



Acts, 1913. — Chap. 362. 



Holyoke 
School and 
Police Build- 
ing Loan, 
Act of 1913. 



Chav.362 -^n Act to authorize the city of holyoke to incur in- 
debtedness FOR SCHOOL AND POLICE BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing and equipping school and police buildings, 
the city of Holyoke is hereby authorized to borrow the sum 
of three hundred thousand dollars, and may from time to 
time issue bonds or notes therefor, and the same shall not 
be reckoned in determining the statutory limit of indebted- 
ness of the city. Such bonds or notes shall bear on their 
face the words, Holyoke School and Police Building Loan, 
Act of 1913; shall be payable in such annual payments, be- 
ginning not more than one year after the respective dates 
thereof, as will extinguish the loan within twenty years from 
the date thereof; and the amount of such annual payment of 
any loan in anj^ year shall not be less than the amount of the 
principal of said loan payable in any subsequent year. Each 
authorized issue of bonds or notes shall constitute a separate 
loan. Said bonds or notes shall bear interest at a rate not ex- 
ceeding foiu- and one half per cent per annum, payable semi- 
annually; shall be signed by the mayor and treasurer of the 
city and countersigned by the auditor. The city may sell 
such bonds or notes 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, and the proceeds 
shall not be used for any purpose other than that herein 
specified. 

Section 2. The said city shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in accord- 
ance with section one of this act; and when a vote to that 
effect has been passed, a sum sufficient to pay the interest 
as it accrues on the bonds or notes issued as aforesaid by 
the 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 an- 
nually thereafter, in the same manner in which other taxes 
are assessed, until the debt incurred by said loan or loans is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Apinoved March 26, 1913. 



Payment of 
loan. 



Acts, 1913. — Chap. 363. 305 



An Act to provide for a building for the high school (^/^^^ 363 
of commerce in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and forty-six of the ^^^-^^^'^g^j ^ ^• 
acts of the year nineteen hundred and nine is hereby amended 
by striking out section one and inserting in place thereof 
the following : — Section 1 . The board of schoolhouse com- Building may 
missioners of the city of Boston may cause to be taken etc., for the 
for the city in the manner provided for the taking of land for ^ comm^ce 
schoolhouses, land for a building to be occupied by the High "* Boston. 
School of Commerce, and said board shall erect and furnish 
said building as approved by the school committee: provided, p™^'^- 
however, that the building may be erected within the limits 
of the Back Bay Fens, if the mayor and the city council of 
Boston shall so determine. 

Section 2. Section two of said chapter four hundred and '^os- ^46, § 2, 

••11 111'' e ^ 1 amended. 

forty-Six IS hereby amended by msertmg alter the word 
"eleven", in the seventh line, the words: — and one hundred 
thousand dollars in the year nineteen hundred and thir- 
teen, — so as to read as follows : — Section 2. The school Appropriations 

. . for expenses. 

committee of said city, to meet the expenses incurred under 
this act, may appropriate a sum not exceeding fifty thousand 
dollars in the year nineteen hundred and nine, three hundred 
thousand dollars in the year nineteen hundred and ten, and 
two hundred and fifty thousand dollars in the year nineteen 
hundred and eleven, and one hundred thousand dollars in 
the year nineteen hundred and thirteen. The amount which 
the school committee may thus appropriate in any single 
year shall be reckoned in determining the statutory limit of 
indebtedness of the city for that year. The treasurer of ^^^"® °* *'°'>'^^' 
the city shall issue and sell negotiable bonds of the city 
to such amount as shall be determined by the school com- 
mittee within the powers conferred by this act. Said bonds 
shall be payable in a period of years not exceeding twenty, 
and shall bear interest at a rate not exceeding four per cent 
per annum. The city may, at the discretion of the mayor, 
issue said bonds upon the serial payment plan, instead of 
establishing a sinking fund for the retirement thereof. Such 
plan, if adopted, shall provide for the issue of bonds or scrip 
to be paid serially in such amounts and at such times as shall 
be determined by the mayor; the bond last payable to be- 
come due at a date not later than that on which the whole 



306 



Acts, 1913. — Chap. 364. 



1909, 446, § 3, 
amended. 



Proceeds of 
sale of certain 
property to be 
applied toward 
cost, etc. 



Proviso. 



Repeal. 



Time of 
taking effect. 



series of bonds would have matured if they had been issued 
under the sinking fund method. The orders of the school 
committee determining the amount of said bonds which the 
city treasurer is to issue shall be presented to the mayor 
for his approval or disapproval, and the same proceedings 
shall be had in respect thereto as are now prescribed by law 
in regard to other orders of the school committee involving 
the expenditure of money. The proceeds of said bonds shall 
be expended by the board of schoolhouse commissioners of 
the city in accordance with the provisions of this act and of 
chapter four hundred and seventy-three of the acts of the 
year nineteen hundred and one and of any amendments 
thereof. 

Section 3. Section three of said chapter four hundred 
and forty-six of the acts of the year nineteen hundred and 
nine is hereby amended by striking out in the first, second 
and third lines of said section the following " of the estate on 
Mason street in said city now occupied by the school com- 
mittee for office and other purposes and", so as to read as 
follows: — Section 3. The proceeds of the sale of the Win- 
throp school estate on Tremont street shall be applied toward 
the cost of the land and building authorized by this act, and 
the amount of bonds which may be issued hereunder shall 
be reduced by an amount equivalent to the net proceeds of 
such sale: provided, that if such sale shall not be completed 
until after the issue of some or all of the bonds authorized 
hereby, then the net proceeds of such sale, less any amount 
employed in reduction of the amount of bonds thereafter to 
be issued as above provided, shall be paid to the board of 
sinking fund commissioners and applied to the retirement 
or redemption of the bonds authorized hereby. 

Section 4. Chapter five hundred and forty of the acts 
of the year nineteen hundred and eleven is hereby repealed. 

Section 5. Sections one and three of this act shall 
take effect upon its passage, and section two shall take 
effect if approved within the calendar year nineteen hun- 
dred and thirteen by the mayor and by the city council 
of the city of Boston. Approved March 26, 1913. 



Chap.SQ4: An Act relative to the construction of passageways or 

bridges over certain streets in the town of IPSWICH. 

Be it enacted, etc., as follows: 

of°pasI^ge-*'° Section 1. The town of Ipswich is hereby authorized 

ways, etc., ^q permit the Ipswich Mills to connect its property in that 



Acts, 1913. — Chaps. 365, 366. 307 

town by passageways or bridges built over the highways over certain 
known as Estes street and Peatfield street, the said passage- ipawich" 
ways or bridges to be not less than eighteen feet above the 
roadways, not more than thirty feet wide, and to be con- 
structed in such manner as shall be approved by the select- 
men of the town of Ipswich. 

Section 2, Any person whose property is damaged by Damages, 
reason of the construction of a passageway or bridge as afore- 
said may have the damages determined by a jury, upon pe- 
tition to the superior court filed within one year after the 
construction of such passageway or bridge. 

Section 3. This act shall be submitted to the voters of ^l* *?,i>«^ , 

I ^ T • 1 "1 • submitted to 

the town of Ipswich at a special or annual town meeting, voters. 
and shall take effect upon its acceptance by a majority of 
the voters voting thereon. Approved March 26, 1913. 



An Act relative to posting in country hotels notice nhnj^ 355 
OF THE hours of employment therein of women and ' 

MINORS. 

Be it enacted, etc., as follows: 

Section 1 . In towns of less than forty-five hundred in- Employers in 
habitants, the employer of women or minors in a hotel or etc^TexempI^' 
upon premises used for the temporary purpose of publicly nXje^of'"^ 
providing and serving meals shall be exempt from posting p°o"ymeLt™' 
the notices required by the provisions of section forty-seven 
of chapter five hundred and fourteen of the acts of the year 
nineteen hundred and nine. 

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

Approved March 26, 1913. 



An Act making appropriations for the expenses of fii onn 

THE MASSACHUSETTS NAUTICAL SCHOOL. ^* 

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 chusette^^^" 
from the ordinary revenue, for the expenses of the Massa- ^^h^^^ 
chusetts nautical school, for the fiscal year ending on the 
thirtieth day of November, nineteen hundred and thirteen, 
to wit: — 

For the current expenses of the school, a sum not exceed- Current 
ing sixty-two thousand dollars. expenses. 



308 



Acts, 1913, — Chap. 367. 



Expenses of 
commissioners, 
secretary, etc. 



For expenses of the commissioners, the salary of the secre- 
tary, clerical services, printing, stationery, contingent ex- 
penses, and printing and binding the annual report, a sum 
not exceeding six thousand dollars. 

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

Approved March 26, 1913. 



1911, 413, § 1, 
amended. 



Chap.3Q7 An Act relative to a retirement fund for laborers 

EMPLOYED BY THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
thirteen of the acts of the year nineteen hundred and eleven 
is hereby amended by adding at the end thereof the follow- 
ing: — The word " laborers", as here used shall mean laborers, 
skilled laborers, mechanics and craftsmen as registered upon 
the lists of the civil service commission for the labor service 
in the city of Boston at the date of retirement, and shall in- 
clude all janitors and all women performing duties similar to 
those attached to positions in the labor service, — so as to 
read as follows : — Section 1 . There shall be a retirement 
board for the laborers employed by the city of Boston, con- 
sisting of the mayor, the auditor and the treasurer of the 
city, who shall discharge the duties hereby imposed upon 
them without additional compensation. The word " laborers ", 
as here used shall mean laborers, skilled laborers, mechanics 
and craftsmen as registered upon the lists of the civil service 
commission for the labor service in the city of Boston at the 
date of retirement, and shall include all janitors and all 
women performing duties similar to those attached to 
positions in the labor service. 

Section 2. Section two of said chapter four hundred and 
thirteen is hereby amended by striking out the words "which 
he received", in the eighth line, and inserting in place thereof 
the words : — to which he would have been entitled for full 
employment, — and by inserting after the word "city", in 
the ninth line, the words: — but in no case shall such pension 
exceed in amount the sum of three hundred and sixty dollars 
per year, — so as to read as follows : — Section 2. Any la- 
borer employed by the city of Boston who has reached the 
age of sixty years and who has been in the service of the city 
for a period of not less than twenty-five years, and who 
is physically incapacitated, shall, at his request and with the 



Retirement 
board for 
laborers in the 
city of Boston 
created. 



Term 

"laborers" 

defined. 



1911,413, §2, 
amended. 



Retirement 
of laborers. 



Acts, 1913. — Chap. 368. 309 

approval of the retirement board above provided for, be re- 
tired from service, and shall receive for the remainder of his 
life an annual pension equal to one half of the compensation 
to which he would have been entitled for full employment 
during the last year of his service for the city ; but in no case 
shall such pension exceed in amount the sum of three hundred 
and sixty dollars per year. It shall be the duty of the said 
board so to retire any laborer in the service of the city who 
has reached the age of seventy years and has served the city 
for a period of not less than twenty-five years. 
Section 3. This act shall take effect upon its passage. 

Approved March 26, 1913. 

An Act relative to the obtaining of positions by (Jfidj) 353 

SCHOOL TEACHERS. 

Be it enacted, etc., as follows: 
Section 1. Section one of chapter seven hundred and iQii, 731 ji, 

!• i"! i«i • -1111 aniended. 

thirty-one or the acts 01 the year nmeteen hundred and 
eleven is hereby amended by striking out the words "and is 
a resident of the state", in the fifth and sixth lines, so as to 
read as follows: — Section 1. Any graduate of any high Appiicationa 
school or normal school in this commonwealth, or of any ment as 
other school considered by the board of education to be of teachers. 
equal grade, or the graduate of any reputable college, pro- 
vided that such graduate is a person of good character, may 
file an application with the board of education for a position 
as school teacher upon the payment of a fee of two dollars. 
The application shall set forth the name, address, and, 
briefly, the experience and qualifications of the applicant. 
It shall be the duty of the board of education to communi- Duties of 
cate with the school committees in the cities and towns of educatbii, etc. 
the commonwealth, and with persons who have made appli- 
cation for a position as school teacher in accordance with the 
provisions of this section, and to procure positions for them 
so far as may be possible, free of expense to the applicant be- 
yond the aforesaid fee, and without expense to the various 
school committees. The said board shall cause to be printed 
and sent to school committees of cities and towns a list of 
the applicants for positions as aforesaid, with a brief state- 
ment of their qualifications and experience. 

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

Approved March 26, 1913. 



310 



Acts, 1913. — Chap. 369. 



1912, 502, § 6, 
amended. 



Statute form 
of mortgage. 



Chap, 369 An Act to shorten the forms of co-operative bank 

MORTGAGES. 

Be it enacted, etc., as folloivs: 

Chapter five hundred and two of the acts of the year nine- 
teen hundred and twelve is hereby amended by striking out 
section six and inserting in place thereof the following : — 
Section 6. (Statute form, mortgage.) 

of , County, for 

consideration paid, grant to of 

with mortgage covenants, to secure the payment of 

dollars in years with per 

cent interest per annum, payable semi-annually, as pro- 
vided in note of even date, the land in (de- 
scription and encumbrances, if any). This mortgage is 
upon the statutory condition, for any breach of which the 
mortgagee shall have the statutory power of sale, 

wife of said mortgagor, release to the 

mortgagee all rights of dower and homestead and other 
interests in the mortgaged premises. 

Witness hand and seal this day of 

(Seal.) 

(acknowledgment.) 

Every mortgage in substance in the above form, when 
duly executed, shall have the force and effect of a mortgage 
deed to the use of the mortgagee and his heirs and assigns, 
with mortgage covenants as defined in section eighteen of 
this act, to secure the payment of the money or the per- 
formance of any obligation therein specified; 



Force and 
effect. 



Condition. 



(condition.) 

Provided, nevertheless, except as otherwise specifically 
stated in the mortgage, that if the mortgagor, or his heirs, 
executors, administrators, or assigns shall pay unto the 
mortgagee or his executors, administrators or assigns the 
principal and interest secured by the mortgage, and shall 
perform any obligation secured, at the time provided in 
the note, mortgage or other instrument or any extension 
thereof, and shall perform the condition of any prior mort- 
gage, and until such payment and performance shall pay 
when due and payable all taxes, charges and assessments, to 



Acts, 1913. — Chap. 369. 311 

whomsoever and whenever laid or assessed, whether on the 
mortgaged premises or on any interest therein, or on the debt 
or obhgation secured thereby; shall keep the buildings on 
said premises insured against jfire in a sum not less than the 
amoimt secured by the mortgage, or as otherwise provided 
therein for insurance, for the benefit of the mortgagee and 
his executors, administrators and assigns, in such form and 
at such insm-ance offices as they shall approve, and, at least 
two days before the expiration of an}' policy on said premises, 
shall deliver to him or them, a new and sufficient policy to 
take the place of the one so expiring; and shall not commit 
or suffer any strip or waste of the mortgaged premises, or any 
breach of any covenant contained in the mortgage or in 
any prior mortgage; then the mortgage deed, as also the 
mortgage note or notes, shall be void. 

(power.) 

But upon any default in the performance or observance Power, 
of the foregoing or other condition, the mortgagee or his ex- 
ecutors, administrators, successors or assigns may sell the 
mortgaged premises or such portion thereof as may remain 
subject to the mortgage in case of any partial release thereof, 
either as a whole or in parcels, together with all improvements 
that may be thereon, by public auction on or near the prem- 
ises, or at such place as may be designated for that purpose 
in the mortgage, fu'st complying with the terms of the mort- 
gage and with the statutes relating to the foreclosure of 
mortgages by the exercise of a power of sale, and may convey 
the same by proper deed or deeds to the purchaser or pur- 
chasers absolutely and in fee simple; and such sale shall for- 
ever bar the mortgagor and all persons claiming under him 
from all right and interest in the mortgaged premises, whether 
at law or in equity. ' 

The foregoing "condition" shall be known as the Statutory statutory 
Condition, and may be incorporated in any mortgage by *^°"'^'*'°'»- 
reference. 

The foregoing "power" shall be known as the Statutory statutory 
Power of Sale, and may be incorporated in any mortgage by ^"^^"^ ° 
reference. 

The parties may insert in such mortgage any lawful agree- 
ment or condition. 



312 



Acts, 1913. — Chap. 369. 



Statute form, 
co-operative 
bank 
mortgage. 



Force and 
effect. 



Condition. 



(statute form, co-operative bank mortgage.) 

of , County, Massa- 

chusetts (being unmarried) for consideration paid, grant 
to Co-operative Bank, situated in , 

County, Massachusetts, with mortgage cove- 
nants to secure the payment of dollars, and 
interest and fines as provided in note of 
even date, the land (description and encumbrances, if 
any). 

hereby transfer and pledge to the 
said mortgagee shares m the series of 

its capital stock as collateral security for the performance 
of the conditions of tliis mortgage, and said 

note upon which shares said sum of dollars 

has been advanced to by the mortgagee. 

The monthly payments under this mortgage are 
dollars. In the event of an assignment of this mortgage, 
interest on the unpaid balance of the principal shall be at 
the rate of per cent per annum. 

This mortgage is upon the statutory co-operative bank 
mortgage condition, for any breach of which the mort- 
gagee shall have the statutory co-operative bank power of 
sale. 

I, wife of said mortgagor, release 

to the mortgagee all rights of dower and homestead and other 
interests in the mortgaged premises. 

Witness hand and seal this day of 

(Seal.) 

(acknowledgment.) 

Every co-operative bank mortgage in substance in the 
above form, when duly executed, shall have the force and 
effect of a mortgage deed to the use of the mortgagee and 
its successors and assigns, with mortgage covenants as 
defuied in section eighteen of this act, to secure the payment 
of the money or the performance of any obligation therein 
specified. 

(co-operative bank condition.) 

Provided, nevertheless, that if the mortgagor or his heirs, 
executors, administrators or assigns shall pay unto the 
said mortgagee, its successors or assigns, at its place of 
business the monthly dues, interest and premium, if any, 



Acts, 1913. — Chap. 369. 313 

together with all fines on payments in arrears, monthly at 
or before the stated meetings of said bank, until said shares 
shall reach their matured value, or if the mortgagor or his 
heirs, executors, administrators or assigns shall otherwise 
sooner pay said loan unto the said mortgagee, its succes- 
sors or assigns, together with the said interest and fines to 
the time of the next stated monthly meeting after such 
payment, and shall pay when due all taxes and assessments 
levied or assessed on the mortgaged premises, and all taxes 
which the said mortgagee may be required to pay as holder 
of this mortgage, shall keep the buildings thereon insured 
against fire in a sum satisfactory to and for the benefit of the 
said mortgagee, its successors or assigns, at such insurance 
office and by such insurance company as it or they shall ap- 
prove, or, in default thereof, shall on demand pay to the said 
mortgagee, its successors or assigns all such sums as it shall 
reasonably pay for such taxes, assessments and insurance, 
with interest, and shall not commit or suffer any strip or 
waste of the mortgaged premises, or any breach of any cove- 
nant herein contained, or in any prior mortgage, then the 
mortgage deed, as also the mortgage note, shall be void. 

(co-operative bank power.) 

But in case of non-payment of the aforesaid monthly Power, 
dues, interest or fines and premiums, if any, for more than 
four months after any payment thereof shall be due, or upon 
any other default in the performance or observance of the 
foregoing or other condition, the mortgagee or its successors 
or assigns may sell the mortgaged premises or such portion 
thereof as may remain subject to the mortgage in case of 
any partial release thereof, either as a whole or in parcels, to- 
gether with all improvements that may be thereon, by public 
auction on or near the premises, or at such place as may be 
designated for that purpose in the mortgage, first complying 
with the terms of the mortgage and with the statutes relating 
to the foreclosure of mortgages by the exercise of a power of 
sale, and may convey the same by proper deed or deeds to 
the purchaser or purchasers absolutely and in fee simple; 
and such sale shall forever bar the mortgagor and all persons 
claiming under him from all right and interest in the mort- 
gaged premises, whether at law or in equity. 

The foregoing ''co-operative bank condition" shall be c^peTaUve 
known as the Statutory Co-operative Bank Condition, and ^fuon^'"'" 



314 



Acts, 1913. — Chap. 370. 



Statutory 
Co-operative 
Bank Power 
of Sale. 

Proceedings 
in case 
premises are 
damaged, etc., 
by fire. 



may be Incorporated in any co-operative bank mortgage by 
reference. 

The foregoing "co-operative bank power" shall be known 
as the Statutory Co-operative Bank Power of Sale, and may be 
incorporated in any mortgage by reference. 

If any buildings on the mortgaged premises shall be wholly 
or partly destroyed by a fire in respect to which the company 
or companies insuring the same shall deny liability to the 
insured, the mortgagee may at its option forfeit said shares, 
and, after applying the withdrawal value thereof to the 
payment of said loan, interest and fines, may assign the 
mortgage with the note and debt thereby secured to such 
company or companies upon payment by it or them of the 
balance then owing to the mortgagee on account of said 
loan; whereupon said note and mortgage shall forthwith 
become a note and mortgage payable on demand with in- 
terest at the rate set forth in said mortgage, payable semi- 
annually, the first payment of such interest to become due six 
months after the date of such assignment. 

The parties may insert in such co-operative bank mort- 
gage any lawful agreement or condition. 

Approved March 21, 1913. 



Chap. 370 An Act relative to gaming and betting in public places. 



R. L. 214, § 2, 
etc., amended. 



Penalty for 
gaming in 
public con- 
veyance, etc. 



Be it enacted, etc., as folloivs: 

Section two of chapter two hundred and fourteen of the 
Revised Laws, as amended by chapter three hundred and 
sixty-six of the acts of the year nineteen hundred and seven, 
is hereby further amended by inserting after the word " place", 
in the third line, the words : — or in a private place upon 
which he is trespassing, — and by inserting after the word 
"months", in the seventh line, the words: — and whoever 
sets up or permits such a game shall be punished b}^ a fine 
of not less than fifty dollars nor more than one hundred 
dollars, or by imprisonment for not less than three nor more 
than twelve months, — so as to read as follows : — Sectio7i 2. 
Whoever, in a railroad car, steamboat or other public con- 
veyance, or public place, or in a private place upon which he 
is trespassing, plays at cards, dice or any other game for 
money or other property, or bets on the sides or hands of those 
playing, shall for each offence forfeit not more than fifty dol- 
lars or be imprisoned for not more than three months; and 



Acts, 1913. — Chaps. 371, 372. 315 

whoever sets up or permits such a game shall be punished 
by a fine of not less than fifty dollars nor more than one hun- 
dred dollars, or by imprisonment for not less than three 
nor more than twelve months. If he is discovered in the act, 
he may be arrested without a warrant by a sheriff, deputy 
sheriff, constable or other civil officer, and held in custody, 
in jail or otherwise, for not more than twenty-four hours, 
until complaint is made against him for such offence. 

Approved March 28, 1913. 



An Act to authorize the town of falmouth to appro- (^Jkij) 371 
priate money for improving wild harbor. 

Be it enacted, etc., as folloivs: 

Section 1. The town of Falmouth is hereby authorized X^T^^'^^u 

1 1 11 P Falmouth may 

to appropriate a sum not exceedmg one thousand dollars tor appropriate 
the purpose of improving Wild Harbor, so-called, within the improvement 

• 1 , of Wild Harbor. 

said town. 

Section 2. Any money appropriated under the an- To be ex- 
thority hereof shall be paid into the treasury of the common- harbor and 
wealth to be expended by the harbor and land commissioners : m"ssion™8. 
provided, however, that said commissioners shall make no ex- Proviso, 
penditure therefrom until not less than an equal amount 
is allotted by them for the same purpose from the appropria- 
tion made by the commonwealth for harbor improvements. 

Section 3. This act shall take effect upon its passage. 

Approved March 28, 1913. 



An Act relative to the court officer and constable Chav.S72 

IN THE penal institutions DEPARTMENT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as folloivs: 

Section 1. The court officer and constable in the penal Powers of 

CI' /• T» 1 11 1 certam oincers 

institutions department or the city of Boston shall have jn penal 
the powers of a special state police officer and shall have department, 
authority to serve warrants and to do all other acts which 
police officers have authority to do. 

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

Approved March 28, 1913. 



316 



Acts, 1913. — Chaps. 373, 374. 



Chap. ^7 3 An Act making appropriations for the care of res- 
ervations AND FOR CERTAIN OTHER EXPENSES OF THE 
METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the MetropoHtan Parks Mainte- 
nance Fund, for expenses of the fiscal year ending on the 
thirtieth day of November, nineteen hundred and thirteen, 
to wit : — 

For maintenance of reservations by the metropoHtan park 
commission, a • sum not exceeding three hundred ninety 
thousand nine hundred twenty-two dollars and seventy-two 
cents. 

For certain pensions, a sum not exceeding seventeen 
hundred forty dollars and fifty cents. 

For the extermination of mosquitoes in the Neponset river 
reservation, a sum not exceeding twenty-five hundred dollars. 

For a bulkhead at the Revere beach reservation, a sum 
not exceeding twenty-six hundred dollars. 

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

Apyroted March 28, 1913. 



Appropria- 
tions, metro- 
politan park 
commission. 



Maintenance 
of reservations 



Pensions. 



Extermination 
of mosquitoes. 



Bulkhead at 
Revere beach 
reservation. 



Charles river 
basin, main- 
tenance, etc. 



Chap. 37 4: 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: 

Section 1. A sum not exceeding one hundred seventeen 
thousand six hundred thirty-five dollars and twenty-one 
cents is hereby appropriated, to be paid out of the Charles 
River Basin Maintenance 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 thirteen, 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 28, 1913. 



Acts, 1913. — Chaps. 375, 376, 377. 317 



An Act making an appropriation for the care and nhfiy 375 

MAINTENANCE OF WELLINGTON BRIDGE BY THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as follotvs: 
Section 1. A sum not exceeding fifty-eight hundred jveiiington 

. . 1 11 • 1 1 -11 • 1 bridge, main- 

and sixty-two dollars is hereby appropriated, to be paid out tenance, etc. 
of the Metropolitan Parks System, Wellington Bridge, Main- 
tenance Fund, for the care and maintenance of Wellington 
bridge, including draw-tenders, 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 thirteen, in accord- 
ance with the provisions of chapter four hundred and ninety- 
one of the acts of the year nineteen hundred and one. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1913. 

An Act relative to the preparation and sale of bonds Chav.S76 

OF THE COMMONWEALTH. 

Be it enacted, etc., as folloics: 

Section 1. The treasurer and receiver general may an- Payment of 
nually expend such sums of money as the legislature shall et^toTb'inds!' 
appropriate for the purpose of preparing and advertising debt ^o/*^'"'''* 
bond sales and for the preparation and paj-ment of bond ^''^iX ''" 
books for the direct debt of the commonwealth. 

Section 2. When bonds of the commonwealth are — for metropoii- 
issued, the payment of which is provided by assessments ^^^^'stncts, 
upon the metropolitan district, or other districts, the ex- 
penses of preparing and advertising the sale and the prepara- 
tion and pa;yTnent of bond books shall be paid from the 
maintenance appropriation of the district from which the 
assessment is to be received. 

Section 3. This act shall take effect upon its passage. 

Approved March 28, 1913. 



An Act to authorize the metropolitan water and CJiaj) 377 

SEWERAGE BOARD TO CONSTRUCT AN ADDITIONAL BRANCH 
SEWER IN THE CITY OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board Construction 
is hereby authorized to construct an additional branch sewer eewe??n 



318 Acts, 1913. — Chap. 378. 

Somerviiie tlirougli a part of the city of Somerville, in order to dispose 
of sewage coming from the city of IMedford, and for this 
purpose the said board is hereby authorized to expend any 
balance of the proceeds of bonds already issued on account 
of the Metropolitan Sewerage Loan Fund, for the benefit 
of the north metropolitan sewerage district, which may be 
in excess of the amount required for satisfying the purposes 
for which said bonds were issued. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1913. 



Chap. 37 8 An Act relative to the location and construction of 

THE boston and WESTERN ELECTRIC RAILROAD IN THE 
TOWNS OP WESTON AND WAYLAND. 

Be it enacted, etc., as follows: 

Boston and Section 1. The board of railroad commissioners, on 

Western electric petition of tlic dircctoFs of tlic Bostou and Western Elec- 

railroaa in the • -r, -i i /-i i • m i 

town of trie Kailroad Company, an electric railroad company m 

process of formation, may fix or change the route of the 
Boston and Western electric railroad in the town of Weston 
so as to pass, with the tracks of the Boston and Maine rail- 
road, under the bridges at the Weston station and at the 
Cherry Brook station of the Boston and Maine railroad, and 
under the Conant Road bridge, or any of them, and for the 
purpose may locate the said electric railroad, in whole or in 
part, on the right of way of the Boston and Maine railroad for 
such distance as the said board may deem proper and de- 
sirable, and may direct the alteration or reconstruction, in 
whole or in part, of said bridges or any of them, and may 
make all directions and orders necessary for the location, con- 
struction, maintenance and operation of said electric railroad 
at the places aforesaid, or any of them, and may apportion 
all expense and damages upon such terms and subject to such 
conditions as the board of railroad commissioners shall pre- 

Provisos. scribe: provided, however, that said location and said terms 

and conditions shall be assented to and agreed upon by said 
electric railroad company, by the Boston and Maine Rail- 
road, by the town of Weston, and by the attorney-general in 
behalf of the commonwealth; and provided, further, that 
no part of the expense of such alterations or reconstructions, 
either in any of said bridges or in the approaches thereto, as 
may be directed or agreed upon under the authority of this 



Acts, 1913. — Chap. 378. 319 

act shall be apportioned to or assessed upon the town of 
Weston. The said electric railroad company, the Boston 
and Maine Railroad, the town of Weston and the common- 
wealth by its attorney-general are hereby authorized to 
assent to and to enter into an agreement or agreements to 
accomplish the purposes of this section. 

Section 2. The board of railroad commissioners, on Location of 
petition of the directors of the Boston and Western Electric weste^ifeiltric 
Railroad Company, an electric railroad company in process ^wn ol "^ *^^ 
of formation, may fix or change the route of the Boston and wayiand. 
Western electric railroad in the town of Wayland so as to 
pass by the side of the tracks of the Boston and INIaine rail- 
road at the Tower Hill station, at the Wayland station, and 
at the IMillbrook Road crossing of the Boston and Maine 
railroad, or any of them, and for this purpose may locate the 
said electric railroad, in whole or in part, on the right of way 
of the Boston and INlaine railroad for such distance as the 
said board may deem proper and desirable, and may direct 
and supervise the abolition of the grade crossing at said 
Tower Hill station, at said Wayland station, and at said 
Millbrook Road crossing, or any of them, as to the tracks 
of the said electric railroad and of the said Boston and Maine 
railroad jointly, and may make all directions and orders 
necessary for the location, construction, maintenance and 
operation of said electric railroad and said steam railroad 
at the aforesaid places, or any of them, and may apportion 
all expense and damages upon such terms and subject to 
such conditions as the board of railroad commissioners shall 
prescribe: provided, however, that said location and abolition Proviso, 
and said terms and conditions shall be assented to and agreed 
upon by said electric railroad company, by the Boston and 
Maine Railroad, by the town of Wayland, by an agent or 
agents thereunto duly authorized by a vote of two thirds 
of the legal voters present and voting at a town meeting, and 
by the attorney-general in behalf of the commonwealth. 
The said electric railroad company, the Boston and Maine 
Railroad, the town of Wayland, by an agent or agents there- 
unto duly authorized by a vote of two thirds of the legal 
voters present and voting at a town meeting, and the com- 
monwealth by its attorney-general are hereby authorized 
to assent to and to enter into an agreement or agreements to 
accomplish the purposes of this section. 

Section 3. This act shall take effect upon its passage. 

Approved March 28, 1913. 



320 



Acts, 1913. — Chap. 379. 



Brockton 
High School 
Loan, Act of 
1913. 



Chap. 37 9 An Act to authorize the city of brockton to incur in- 
debtedness FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land and erect- 
ing thereon a building to be used as a high school, the city 
of Brockton is liereby authorized to borrow the sum of three 
hundred thousand dollars, and may from time to time issue 
bonds or notes therefor, payable at periods not exceeding 
twenty years from their respective dates of issue, and the same 
shall not be reckoned in determining the statutory limit of 
indebtedness of the city. Such bonds or notes shall be signed 
by the treasurer and countersigned by the mayor of the citj^; 
shall be denominated on the face thereof, Brockton High 
School Loan, Act of 1913; and shall bear interest at a rate 
not exceeding four and one half per cent per annum, payable 
semi-annually.- 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 and the proceeds shall be used only for the purpose 
herein specified. 

Section 2. The said city shall, at the time of making 
the said loan, provide for the payment thereof in such 
annual payments, beginning not more than one year after the 
date of each respective issue of such bonds or notes, as w^U 
extinguish the same within the time prescribed by this 
act; and the amount of such annual payment of any loan in 
any year shall not be less than the amount of the principal of 
said loan payable in any subsequent year. When a vote to 
the effect aforesaid has been passed, a sum sufficient to pay 
the interest as it accrues on the bonds or notes issued as 
aforesaid, and to make such payments on the principal as 
may be required under the provisions of tliis act shall, without 
further vote, be assessed by the assessors of the city in each 
year thereafter, in the same manner in which other taxes 
are assessed, until the debt incurred by said loan or loans is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Ayyroved March 28, 1913. 



Payment of 
loan. 



Acts, 1913. — Chap. 380. 321 



An Act to establish the baker's corner fire district (jhaj) 380 
IN the town of seekonk. 

Be it enacted, etc., a^ folloics: 

Section 1. The inhabitants of the town of Seekonk Baker-s Comer 
Uable to taxation in that town and residing within the in the town 
territory enclosed b}^ the following boundary lines : — Be- established. 
ginning at the junction of the northerly boundary line of 
the town of Seekonk, with the boundary line of the state of 
Rhode Island; thence running easterly along the said 
northerly line of Seekonk until it comes to Central avenue; 
thence southerly along the centre line of said Central avenue 
until it comes to a point two hundred feet southerly from the 
southerly line of Taunton avenue; thence easterly, parallel 
with said Taunton avenue, and two hundred feet therefrom, 
.until it comes to the westerly line of the right of way of the 
east junction branch of the New York, New Haven and Hart- 
ford railroad; thence in a southwesterly direction along 
the said westerly line of right of way until it comes to a point 
in range with a line drawn parallel with and two hundred 
feet southerly from the southerly line of Brook street; thence 
westerly along the above mentioned range line, two hundred 
feet southerly from and parallel with Brook street, until it 
intersects the aforementioned state boundary line of Rhode 
Island ; thence northerly along said state boundary line until 
it comes to the place of beginning, shall constitute a fire dis- 
trict, and are hereby constituted a body corporate by the 
name of the Baker's Corner Fire District, for the purpose of 
supplying themselves with water for the extinguishment of 
fires and for domestic and other purposes, with power to 
establish fountains and hydrants and to relocate and discon- 
tinue 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 men- 
tioned in this act, and to prosecute and defend all actions 
relating to the property and affairs of the district. 

Section 2. Said fire district, for the purposes afore- May take 
said, may contract with the water department of the town sourcesTetc!^ 
of Attleborough, or with any other town or city water depart- 
ment, or with any water company, or 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 



322 



Acts, 1913. — Chap. 380. 



Proviso. 



May erect 
structures, lay 
pipes, etc. 



of driven, artesian or other wells within the town of Seekonk, 
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, however, that no source 
of water supply and no lands necessary for preserving the 
quality of the water, shall be taken or used without first ob- 
taining the advice and approval of the state board of health, 
and that the situation 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 purpose may con- 
struct wells and reservoirs and establish pumping works, 
and may construct, lay and maintain aqueducts, conduits, 
pipes and other works under or over any land, water courses, 
railroads, railways and public or other ways, and along such 
ways in Seekonk, 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 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; but all things done upon 
any such way shall be subject to the direction of the selectmen 
of the town of Seekonk. 
Description of SECTION 3. Said fire district shall, within ninety days 
after the taking of any lands, water rights, water sources, 
rights of way, or other easements under the provisions 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 identification, 
with a statement of the purpose for which the same were 
taken, signed by the water commissioners hereinafter pro- 
vided for. The title to all land taken, purchased or acquired 
in any way under the provisions of this act shall vest in said 
Baker's Corner Fire District, and the land so acquired raay 



lands, etc 
taken to be 
recorded, etc 



Acts, 1913. — Chap. 380. 323 

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 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 damages 
shall be made for the taking of any water, water right, or 
for any injury thereto, until the water is actually withdrawn 
or diverted by the 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 appro- 
priate under this act; in which case any damages caused 
by such taking shall be based upon such amount or quantity 
until the same shall be increased by vote or otherwise, and 
in that event said 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 Baker's 
the necessary expenses and liabilities incurred under the pro- District of 
visions of this act, may issue from time to time bonds or LolnrAcror*^ 
notes to an amount not exceeding fifteen thousand dollars. ^''^^■ 
Bonds or notes issued under authority of this act shall bear 
on their face the words, The Baker's Corner Fire District 
of Seekonk Water Loan, Act of 1913; shall be payable by 
such annual payments, beginning not more than one year 
after the respective dates thereof, as will extinguish each 
loan within thirty years from the date thereof; and the 
amount of such annual payment of any loan in any year shall 
not be less than the amount of the principal of said loan 
payable in any subsequent year. Each authorized issue 
of bonds or notes shall constitute a separate loan. Said 
bonds or notes shall bear interest at a rate not exceeding 
four and one half per cent per annum, payable semi-annually, 
and shall be signed by the treasurer of the district and coun- 
tersigned by a majority of the water commissioners. The 



324 



Acts, 1913. — Chap. 380. 



Payment of 
loan. 



Collection of 
assessments, 
etc. 



Proviso. 



First meeting. 



district may sell such bonds or notes 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. The 
town of Seekonk may, at its annual town meeting or at a 
legal meeting called for the purpose, guarantee the payment 
of such bonds or notes. 

Section 6. Said district shall at the time of authorizing 
said loan or loans provide for the payment thereof in accord- 
ance with section five of this act; and w^hen 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 or notes issued as aforesaid by the district, 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 or loans is extinguished. 

Section 7. Whenever a tax is duly voted by said district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of the town of Seekonk, who 
shall proceed within thirty days thereafter to assess the same 
in the same manner in which town taxes are required by law 
to be assessed. The assessment shall be committed to the 
town collector, who shall collect said tax in the manner pro- 
vided by law for the collection of town taxes, and shall 
deposit the proceeds thereof with the district treasurer for 
the use and benefit of said district. Said district 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 tax shall so deter- 
mine, and shall also fix a time for payment thereof. 

Section 8. The first meeting of said district shall be 
called on petition of ten or more legal voters therein, by a 
warrant from the selectmen of the town of Seekonk, 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 ac- 



Acts, 1913. — Chap. 380. 325 

cepted by a majority of the voters present and voting thereon 
it shall take effect, and the meeting may then pro'ceed to act 
on the other articles contained in the warrant. The said 
first meeting shall be held within two years after the passage 
of this act, and this act shall become void unless the said 
district shall begin to distribute water to consumers within 
two years after the date of the acceptance of the act. 

Section 9. The Baker's Corner Fire District shall, Water com- 

n . missioners, 

after the acceptance of this act as aforesaid, elect by ballot election, 

terms etc. 

three persons to hold office, one until the expiration of three 
years, one luitil the expiration of two years, and one until 
-the expiration of one year from the next succeeding annual 
district meeting, to constitute a board of water commissioners; 
and at every annual meeting thereafter one such commis- 
sioner shall be elected by ballot for the term of three years. 
All the authorit\^ granted to said district by this act, and not 
otherwise specifically provided for, shall be vested in said 
board of water commissioners, who shall be subject, however, 
to such instructions, rules and regulations as the district 
may by vote impose. Said commissioners shall appoint a to 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 approved by the commissioners. 
A majority of the commissioners shall constitute a quorum Quorum, 
for the transaction of business. Any vacancy occurring in Vacancy, 
said board from any cause may be filled for the remainder of 
the unexpired term by the district at any legal meeting 
called for the purpose. No money shall be drawn from the 
district treasury on account of the water works except upon 
a written order of said commissioners or a majority of them. 

Section 10. Said commissioners shall fix just and to fix water 
equitable 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 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 re- 
maining after providing for the aforesaid charges, it may be 
used for such new construction as the water commissioners 
may determine upon, and in case a surplus should remain 
after payment for such new construction the water rates shall 
be reduced proportionately. No money shall be expended 
in new construction by the water commissioners except from 
the net surplus aforesaid, unless the district appropriates 



326 



Acts, 1913. — Chap. 380. 



To make 
annual report, 
etc. 



By-laws, etc. 



Penalty for 
pollution, etc., 
of water, etc. 



Certain estates 
may be in- 
cluded within 
the district 
upon petition, 
etc. 



To have 
powers con- 
ferred by 
R. L. 32, § 59. 



and provides money therefor. Said commissioners shall 
annually, and as often as the district may require, render a 
report upon the condition of the works under their charge, 
and an account of their doings, including an account of 
receipts and expenditures. 

Section 11. Said district may adopt by-laws prescribing 
by whom and how meetings may be called, notified and con- 
ducted; and, upon the application of ten or more legal voters 
in the district, meetings may also be called by warrant as 
provided in section eight. Said district may also establish 
rules and regulations for the management of its water works, 
not inconsistent with this act or with the laws of the common- 
wealth, and may choose such other officers not provided for 
in this act as it may deem necessary or proper. 

Section 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 by said 
district for the purposes of this act, shall forfeit and pay to 
the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and upon con- 
viction of any of the above acts shall be punished by a fine 
not exceeding one hundred dollars or by imprisonment in 
jail for a term not exceeding six months. 

Section 13. Upon the petition in writing addressed to 
the water commissioners by any owner of real estate in 
Seekonk, abutting the district as described in section one, 
or as subsequently enlarged under the provisions of this 
section, setting forth that the petitioner desires to have cer- 
tain accurately described portions of his real estate included 
in the district, the water commissioners shall cause a duly 
warned meeting of the district to be called, at which meeting 
a majority of the voters present and voting may vote to in- 
clude said petitioner's real estate as described in his petition 
wdthin the district. If it be so voted the clerk of the district 
shall within ten days file with the town clerk of Seekonk 
an attested copy of said petition and vote, describing pre- 
cisely the real estate added to the district; and there- 
upon said petitioner's real estate as described in his petition 
shall become and be a part of said district and shall be holden 
under the provisions of this act in the same manner and to 
the same extent as the real estate described in section one. 

Section 14. Said district shall have the powers con- 
ferred upon fire districts by section fifty-nine of chapter 



Acts, 1913. — Chap. 381. 327 

thirty-two of the Revised Laws for providing itself with equip- 
ment and for the hghting of its streets. 

Section 15. The town of Attleborough is hereby au- Town of 
thorized to sell water to said district upon such terms as may mlVseii'^^ter 
be agreed upon or to extend its water mains and to lay pipes, ^ ^*^ distnct. 
erect hydrants and provide such water works as may be 
required in said district upon such terms as may be agreed 
upon: lyrovided, that the question of such extension of its Provisoa. 
water system shall first have been submitted to the voters of 
the town of Attleborough, at a town meeting duly called, at 
which a majority of the voters present and voting thereon 
shall have voted in favor thereof; and provided, further, that 
all work of extension of mains from the town of Attleborough, 
and all things done on the streets of said district shall be 
under the direction of the selectmen of the town of Seekonk. 

Aiiproved March 28, 1913. 



An Act to authorize the town of russell to remove (J Jiav. 381 

CERTAIN BODIES IN THE OLD CEMETERY, SO-CALLED. 

Be it enacted, etc., as folloivs: 

Section 1. In order to construct a way from the state jRemovaiof 
highway in the town of Russell to the Old Cemetery, so- certain lots in 
called, in Russell village, the said town, acting by its cemetery cemetery in 
commissioners, is hereby authorized to remove certain bodies Russeu." °^ 
in said Old Cemetery, in lots numbered nineteen, twenty 
and twenty-one, together with any monuments and stones 
marking the graves, and to inter the bodies in a reverent 
and proper manner, and properly to set up any such monu- 
ments or stones in other lots in the cemetery in which said 
bodies are to be interred. 

Section 2. The provisions of chapter twenty-eight of Certain 

. , f ■, . pi , » 1 !• provisions of 

the Revised Laws with regard to the taking or land tor public law to apply. 
parks, including all provisions for the assessment and re- 
covery of damages on account of the removal of bodies, shall 
apply to the removal hereby authorized. The town may 
appropriate 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. 

Approved March 28, 1913. 



328 



Acts, 1913. — Chap. 382. 



City of North 
Adams may 
take lands, 
etc., for water 
supply 
purposes. 



May erect 
structures, lay 
pipes, etc. 



Chap.382 An Act to authorize the city of north adams to take 

LAND, WATER RIGHTS AND WATER COURSES FOR WATER 
SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of North Adams, acting by its 
mayor and city council, may, for the purpose of supplying 
itself and its inhabitants with water for the extinguishment 
of fires antl for domestic and other purposes, take by eminent 
domain, or acquire by purchase or otherwise, and hold any 
waters or water sources within the limits of said city and the 
water rights connected with any such waters or water sources, 
and also all lands, rights of way and easements neces- 
sary for holding and preserving the water and for convey- 
ing the same to any part of the city; and may erect on the 
lands thus taken or held proper dams, buildings, fixtures and 
other structures, and may make excavations, procure and 
operate machinery, and provide such other means and ap- 
pliances as may be necessary for the establishment and main- 
tenance of complete and effective water works; and may 
construct and lay conduits, pipes and other works under or 
over any lands, water courses, railroads, railways, or 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, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, the said city may, by and under the direction of the 
commissioner of public works of the city enter upon and 
dig up any such lands, ways or water courses. Said city 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 2. The city of North Adams, acting by its 
mayor and city council, and for the purpose of preventing 
the pollution or contamination of any water or water sources 
of the city is hereby authorized to take by eminent domain, 
or to acquire by purchase or otherwise any lands used as 
a burial ground, which may be situated along any water 
courses or on any watershed contiguous to any land acquired 
under this act, and may remove or cause to be removed from 
any lands so acquired under the provisions of this act the re- 



May acquire 
lands used as 
burial grounds, 
etc. 



Acts, 1913. — Chap. 382. 329 

mains of any of the dead and the monuments erected to their 
memory to lots in Southview cemetery in said city and shall 
pay all expenses incident to the removal of the remains and 
the re-erection of said monuments. The owners of said 
places of burial shall be entitled to receive by proper con- 
veyance in exchange therefor burial lots in said Southview 
cemetery, and in such exchange the relative size, situation 
and value of lots so exchanged, with all improvements, shall 
be considered. 
Section 3. The city shall fix a time for the removal of Notice of 

,1 • 1 iiiiii'i • removal of 

the remauis and monuments, and shall publish notice thereof i^odies to be 

1 1 » ,1 . 1 . published. 

once each week tor three successive weeks m some newspaper 
published in the city, the last publication to be at least seven 
days before the time fixed for said removal. 

Section 4. Upon a request in writing by any relative or Re-interment 
friend of one whose remains are to be removed, the remains ° 
may be interred and said monuments erected in any other 
cemetery, and the expense of the removal of such remains, 
for a distance not exceeding twenty miles, their re-interment 
and the re-erection of any monument to their memory shall 
be borne by the city. 

Section 5. The city of North Adams shall within sixty Description of 
days after the taking of any lands, rights of way, water rights, taken folic 
water sources or easements as aforesaid, file and cause to be '■®<'°'^''^^- 
recorded in the registry of deeds for the county within which 
such lands or other property are situated, a description 
thereof sufficiently accurate for identification, with a state- 
ment of the purpose for which the same were taken, signed 
by the mayor of the city. 

Section 6. The city council of the city of North Adams Damages, 
shall estimate and determine, as near as may be, and the city 
shall psiy, all damages sustained by any person or corporation 
by the taking of any land, rights in land, rights of way, water 
sources, water rights or easements under the authority of 
this act; but any party aggrieved by such determination may 
have the damages assessed, and they may be recovered, in 
the manner provided by law when land is taken for the lay- 
ing out of highways, on application at any time within one 
year after the taking of such land or other property, or the 
doing of other injury under the authority of this act; but 
no such application shall be made after the expiration of the 
said one year. No application for assessment of damages 
shall be made for the taking of any water or water rights, or 
for any injury thereto, until the water is actually withdrawn 



330 



Acts, 1913. — Chap. 383. 



Act construed 
as amendment 
of chapter 186, 
Acts of 1883, 
etc. 



or diverted by the city under the authority of this act, and 
the date of such withdrawal or diverting shall be deemed to 
be the date of the taking. 

Section 7. This act shall be construed as an amendment 
of chapter one hundred and eighty-six of the acts of the year 
eighteen hundred and eighty-three, and as supplementary 
and additional to the acts heretofore passed in relation to 
the rights, power and authority of the North Adams Fire 
District and the North Adams Water Company. 

Section 8. This act shall take effect upon its passage. 

/Vpproved March 28, 1913. 



Chap. 383 An Act relative to the office of comptroller of ac- 
counts OF THE city of NEWTON. 



1913, 108, § 1, 
amended. 



Comptroller, 
of accounts, 
election, 
term, etc. 



Be it enacted, etc., as folloivs: 

Section one of chapter one hundred and eight of the acts 
of the year nineteen hundred and thirteen is hereby amended 
by striking out the fourth sentence, and inserting in place 
thereof the following: — The term of office of the first comp- 
troller of accounts chosen hereunder shall begin whenever in 
the year nineteen hundred and thirteen he is elected and quali- 
fied, and shall continue for two years from the succeeding 
second ]\Ionday of February or until his successor is elected 
and qualified, — so as to read as follows : — Section 1 . The 
office of comptroller of accounts of the city of Newton is 
hereby established. The comptroller of accounts shall have 
charge and oversight of the accounts and bookkeeping of the 
city of Newton and of the various departments thereof, and 
shall have such other powers and duties as the board of alder- 
men of the city may by ordinance prescribe. He shall be 
elected by the board of aldermen. The term of office of the 
first comptroller of accounts chosen hereunder shall begin 
whenever in the year nineteen hundred and thirteen he is 
elected and qualified, and shall continue for two years from 
the succeeding second Monday of February or until his 
successor is elected and qualified. Thereafter the term of 
oflSce shall be three years from the second Monday of Feb- 
ruary, or until a successor is elected and qualified. The 
comptroller of accounts may be removed by vote of a ma- 
jority of all the members of the board of aldermen taken by 
ballot. A vacancy in the office shall be filled in the same 
manner, and the person elected shall hold oflfice until the end 



Acts, 1913. — Chaps. 384, 385. 331 

of the unexpired term, unless removed as herein provided, and 
until his successor is elected and qualified. The office of 
city auditor of the city of Newlon is hereby abolished. 

Ajyproved March 28, 1913. 

An Act relative to the maintenance of an independent Qhav.'i^A: 

INDUSTRIAL SCHOOL IN THE CITY OF NEWTON. 

Be it enacted, etc., as folloivs: 

Section 1. The sum of three thousand five hundred ^Xr°m^mte- 
thirtv-six dollars and seventeen cents is hereby authorized to n^nce of 

Wow ton 

be paid out of the treasury of the commonwealth to the city indepeiuknt 
of Newton to meet the proportion of the commonwealth for school. 
the cost of maintaining the Newton independent industrial 
school in that city between the first day of December, nine- 
teen hundred and eleven and the thirtieth day of November, 
nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1913. 



Chap.S85 



An Act relating to the repairing of the coggeshall 

street bridge in tIiE city of new BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford, for the purpose of Be/f°rd^rv 
repairing and reconstructing the bridge at the foot of Cogges- incur indebted- 
hall street, across the Acushnet river in that city, may incur of certain 
indebtedness, beyond the limit fixed by law, to an amount " °^" 
not exceeding twenty-five thousand dollars, and may issue 
bonds, notes or scrip therefor. Such bonds, notes or scrip 
shall be payable within such periods, not exceeding five 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 shall determine. Except Certain pro- 
as otherwise provided herein, the provisions of chapter four to apply. 
hundred and ninety of the acts of the year nineteen hundred 
and nine shall, so far as they may be applicable, apply to the 
indebtedness hereby authorized and to the securities issued 
therefor. 

Section 2. The city council of said city shall, at the payment of 
time of authorizing said loan, provide for the payment 
thereof in such annual proportionate payments as will 
extinguish the same within the time prescribed in this act; 
and thereafter, without further action by the city council, 



332 



Acts, 1913. — Chaps. 386, 387. 



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, until the debt incurred by the 
said loan is extinguished. 
Section 3. This act shall take effect upon its passage. 

Aj)j)roved March 28, 1913. 



R. L. 164, § 29, 
amended. 



Chap.38Q An Act to provide additional clerical assistance for 

THE register OF PROBATE AND INSOLVENCY FOR THE 
COUNTY OF MIDDLESEX. 

Be it enacted, etc., as foUoivs: 

Section 1. Section twenty-nine of chapter one hundred 
and sixty-four of the Revised Laws is hereby amended by 
striking out the words "four thousand", in the fourteenth 
line, and inserting in place thereof the words : — seventy-five 
hundred, — by striking out the word "the", before the word 
"judge", in the fifteenth line, and inserting in place thereof 
the word: — a, — and by striking out the word "the", in 
the seventeenth line, and inserting in place thereof the word : 
— a, — so as to read as follows: — Of Middlesex, seventy- 
five hundred dollars, payable by the commonwealth upon the 
certificate of a judge of probate and insolvency, and two 
thousand dollars from said county upon the certificate of the 
register, countersigned by a judge of probate and insolvency. 

Section 2. Chapter three hundred and eighty-seven of 
the acts of the year nineteen hundred and four and chapter 
three hundred and fifty-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, 1913. 



Clerical 
assistance to 
register of 
probate and 
insolvency, 
Middlesex 
county. 

Repeal. 



1912, 314, § 2, 
amended. 



Chap.S87 An Act relative to primary elections in the city of 

malden. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and 
fourteen of the acts of the year nineteen hundred and twelve 
is hereby amended by striking out the words "opened at 
twelve o'clock in the forenoon and shall be kept open until 
nine o'clock in the evening", in the twelfth, thirteenth and 
fourteenth lines, and inserting in place thereof the words : — 
kept open during such hours as shall be fixed by the board 



Acts, 1913. — Chap. 387. 333 

of aldermen, — so as to read as follows: — Section 2. On F^'Tf^^^^^g^® 
the third Tuesday preceding every annual or special city nomination 

,,. ,i'i " 1 i>a^i 11 of candidates, 

election at which a mayor, or any member oi the school etc. 
committee or of either branch of the city 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 alderman 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 kept open during such hours as shall be fixed 
by the board of aldermen and, except as is otherwise pro- 
vided 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 furnished, official ballots, special ballots, ballot 
boxes, voting lists, specimen ballots, blank forms, apparatus 
and supplies shall be provided for every such city primary 
election of the same number and kind, and in the same man- 
ner, 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 2. Said chapter three hundred and fourteen is is^is.^su^ § 12, 
hereby further amended by striking out section twelve and ^™^° 
substituting the following: — Section 12. The two persons Pf^^^j^^Yrhest 
receiving at a city primary election the highest number of number of votes 
votes for nomination for an ofl^ce shall be the candidates and "o beThe"^^ 
the only candidates for that office whose names shall be ^f^S.^^tc!* 
printed on the official ballots to be used at the annual or 
special city election for the making of nominations for which 
said city primary election was held, and if two or more per- 
sons 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 the num- 
ber of those so to be elected, shall be the candidates and the 
only candidates for that ofl^ice whose names shall be printed 
on the official ballots to be used at the annual or special city 
election. 

If the primary election results in a tie vote among can- Proceedings 
didates for nomination receiving the smallest number of vote^^° 



334 Acts, 1913. — Chaps. 388, 389. 

votes which, but for the tie vote, m ould entitle the person 
receiving such number to have his name printed upon the 
official ballots for the election, all candidates participating 
in said tie vote shall have their names printed upon the 
official ballots, although thereby there be printed upon them 
candidates to a number exceeding twice the number to be 
elected. Approved March 28, 1913. 

Chap.388 An Act relative to the chief of the fire depart- 
ment OF the town of NANTUCKET. 

Be it enacted, etc., as follows: 

depaTtment, Section 1. The chicf engineer of the fire department of 

appointment, ^}^g towu of Nautuckct sliall bc appointed annually by the 
selectmen, and he shall have power to appoint the assistant 
engineers and the other members of the department. 

Repeal. Section 2. So much of any act as is inconsistent herewith 

is hereby repealed. 

ukilzeSect. Section 3. This act shall take effect upon its acceptance 
by a majority vote of the voters of the town of Nantucket 
present and voting thereon at any annual or at any special 
, town meeting duly called for the purpose. 

Approved March 28, 1913. 

Chap.d89 An Act to provide for the establishment and main- 
tenance OF A FREE EMPLOYMENT OFFICE FOR MINORS 
OF THE CITY OF BOSTON BY THE SCHOOL COMMITTEE OF 
SAID CITY. 

Be it enacted, etc., as follows: 

ment^^c'e^" SECTION 1. There may be established and maintained 
for minors in |3y ^]^g scliool committcc of the city of Boston an employment 

city of Boston. »' . . , . . „ , . , . ^ . , 

office for registermg applications oi minors residing m the 
city of Boston who seek employment, and of those who desire 
to employ such minors. 

Smmittee'."''°°^ SECTION 2. The school Committee shall establish regula- 
tions respecting the conduct of the office and shall take such 
action as the committee deems best to promote the purposes 
of an employment office for minors, and to bring together such 
minors seeking employment and those desiring to employ 
them. 

Taking etc.. of Section 3. No fccs, direct or indirect, shall be charged 

feea forbidden, ' . ' °, 

etc. to or accepted from applicants tor employment who apply 

at the office established hereunder, and the expense of main- 



Acts, 1913. — Chaps. 390, 391, 392. 335 

taining the same shall be charged to the appropriation for 
the support of schools in tlie city of Boston. 

Section 4. This act shall take effect upon its passage. 

Approved March 28, 1913. 

An Act to authorize evening sessions of the superior (J^k^j) 390 
court for naturalization purposes. 

Be it enacted, etc., as follows: 

Evening sessions of the superior court for naturalization Evening 
purposes may be held in each county except the county of superkfr rourt 
Suffolk. Approved March 28, 1913. [ion"pSoS: 

An Act relative to the use of rooms or halls in (JfiQj) 391 

SCHOOL BUILDINGS. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of promoting the usefulness use of public 
of the public school property the school committee of any forrertmn^*^"^ 
city or town may conduct such educational and recreation authorized. 
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 committee shall 
establish, for such educational, recreation, social, civic, 
philanthropic and similar purposes as the committee may 
deem to be for the interest of the community, provided 
that no admission fee is charged and that such use shall not 
interfere or be inconsistent with the use of the premises for 
school purposes. 

Section 2. This act shall not apply to the city of Boston. 

Approved March 28, 1913. 

An Act relative to the distribution of the blue book. Qhnnj 392 
Be it enacted, etc., as follows: 

Section 1. Such copies of the volume provided for by Distribution 
section one of chapter nine of the Revised Laws, and known °^ ^^"® ^°°^' 
as the Blue Book, as may remain in the office of the secretary 
of the commonw^ealth after the first day of January in any 
year may, in the discretion of the secretary, be delivered, 
upon application, to members of the general court for gra- 
tuitous distribution. 

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

Approved March 28, 1913. 



336 



Acts, 1913. — Chaps. 393, 394. 



Certain land 
taken by city 
of Cambridge 
may be used 
for shipping 
purposes, etc. 



Chap.SdS An Act to encourage manufacturing and shippjng in 

THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge, by vote of its city 
council, is hereby authorized to alter the use of all or any 
part of such land taken by it under authority of chapter three 
hundred and forty-one of the acts of the year eighteen hun- 
dred and ninety-two, and by chapter three hundred and 
thirty-seven of the acts of the year eighteen hundred and 
ninety-three, as borders on the Charles river between Lech- 
mere canal and Broad canal, may maintain a -public dock or 
wharf thereon and in the manner hereinafter specified may 
lease said frontage or any part of it for wharves, terminals, 
and other commercial purposes connected with shipping, for 
periods not exceeding twenty years. 

Section 2. The mayor of the city of Cambridge is hereby 
empowered to authorize the directors of the port of Boston 
to manage this property on behalf of the city of Cambridge 
by making such lease or leases and by paying over the net 
rentals to the city treasurer of Cambridge, and the directors 
of the port of Boston are hereby authorized to undertake 
such management as part of their duties in controlling the 
entire water front of Boston harbor, without receiving ad- 
ditional compensation for this service from the city of Cam- 
bridge. The mayor of the city of Cambridge is also em- 
powered, if he prefer so to do, to appoint to take charge of 
•the management of said property, instead of the directors 
of the port of Boston, an industrial commission to consist of 
not more than three citizens of Cambridge, for such terms of 
office and for such compensation, if any, as the city council 
of the city of Cambridge shall determine. 

Am^roved March 28, 1913. 



Management 
of property. 



C/iap. 394 An Act to further separate the city election from 

the state election in the city of HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and seventy-four of 

the acts of the year nineteen hundred and eight is hereby 

amended by striking out section one and inserting in place 

Dat« of city thcrcof the following : — Section 1 . The annual city election 

Haverhill. of the city of Havcrhill shall be held on the second Tuesday 



1908, 574, § 1, 
amended. 



Acts, 1913. — Chap. 395. 337 

next following the second Monday of December. Every 
special city election shall be held on a Tuesday, but an election 
held in consequence of a resignation or of a petition duly 
filed in accordance with the provisions of this act less than 
ninety days and more than forty days previous to the second 
Tuesday next following the second Munday of December in 
any year, shall be held on the date of the annual city election 
for that year. 

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

Section 3. This act shall be submitted for acceptance Act to be 
to the voters of the city of Haverhill at the state election voSete.*° 
in the current year. The vote shall be taken by ballot in 
answer to the question "Shall an act passed by the general 
court in the year 1913, entitled 'An Act to further separate 
the city election from the state election in the city of Haver- 
hill', be accepted?", which shall be printed on the official 
ballot; and if a majority of the voters present and voting 
thereon vote in the affirmative, the act shall take effect; 
otherwise, it shall be void. Approwd March 28, 1913. 

An Act to authorize the county of barnstable to nhn^jy 395 

BUILD OR RECONSTRUCT A BRIDGE OVER BASS RIVER 
between THE TOWNS OF YARMOUTH ANTD DENNIS. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of Construction. 
Barnstable are hereby authorized and directed to build a new over BaL"river. 
bridge or to reconstruct the present upper bridge over Bass 
river, so-called, between the towns of Dennis and Yarmouth, 
with suitable approaches thereto, subject to the provisions 
of chapter ninety-six of the Revised Laws and of all acts in 
amendment thereof. 

Section 2. The cost of constructing or reconstructing cost to be paid 
the said bridge and the approaches thereto, with all the fosUnsunce. 
necessary expenses attending the same, shall be paid in the 
first instance by the county of Barnstable; and the said 
county is hereby authorized to borrow upon its notes or other 
obligations such sum, not exceeding fourteen thousand dol- 
lars, as will enable it to comply with the provisions of this 
act. 

Section 3. As soon after the completion of the bridge Apportion- 
as the whole amount of the costs and expenses incurred "^^nt of cost. 



338 



Acts, 1913. — Chap. 396. 



Liability for 
defects, etc. 



Supervision of 

construction, 

etc. 



Repairs. 



is ascertained, the county commissioners shall assess one 
half of the cost upon the county and one fourth each upon the 
said towns of Dennis and Yarmouth, and the said towns 
are hereby required to pay to the said county their respective 
proportions as herein provided. Each of the said towns may 
borrow upon its notes or otlier obligations such sum not ex- 
ceeding the said one fourth as the town may deem necessary 
to enable it to comply with the provisions of this act. 

Section 4. The towns of Dennis and Yarmouth shall 
be severally liable for any defects in that part of the bridge 
situated within their respective limits, and for none other. 

Section 5. The construction and maintenance of the 
said bridge shall be under the supervision of said county 
commissioners and the general plans and specifications shall 
be subject to the approval of the boards of selectmen of the 
towns of Yarmouth and Dennis, and the towns of Dennis 
and Yarmouth shall severally reimburse the county of 
Barnstable for one fourth of the annual cost of repairing the 
said bridge. 

Section 6. This act shall take effect upon its passage. 

Ayyroved March 28, 1913. 



Chap. 396 An Act providing for the pai-ment by towns for the 
transportation of pupils to outside high schools. 



Be it enacted, etc., as joUoivs: 



R. L. 42, § 3, 
etc., amended 



no high school, 
etc. 



Section 1. Section three of chapter forty-tw^o of the 
Revised Laws, as amended by chapter four hundred and 
thirty-three of the acts of the year nineteen hundred and two, 
and by chapter five hundred and thirty-seven of the acts of the 
year nineteen hundred and eleven, is hereby further amended 
Transportation by adding at the end thereof the following paragraph: — A 
towns having towu of Icss than fivc huudrcd families or householders, in 
which a public high school or public school of corresponding 
grade is not maintained, shall, through its school committee, 
when necessary, provide for the transportation of any 
child who resides in said town and who, with the previous 
approval of the school committee of the town, attends the 
high school of any other town or city, and shall pay for the 
expense of such transportation a sum not exceeding one 
dollar and fifty cents per week during the time of actual 
attendance of such child in the high school. If any town 
fails to provide such transportation, it shall be liable in an 



Acts, 1913. — Chaps. 397, 398. 339 

action of contract, to the parent or guardian of a child who 
has been furnished with such transportation for such amounts, 
not exceeding one dollar and fifty cents per week, as the 
parent or guardian has paid for the same. A town which 
has expended for the support of its public schools for the pre- 
ceding year from the proceeds of local taxation an amount 
not less than four and less than five dollars per thousand 
dollars of valuation shall receive from the treasury of the 
commonwealth one half of the amount actually exj^ended for 
transportation under the provisions of this act; and a town 
which has expended from the proceeds of local taxation for 
the support of its public schools for the preceding year 
an amount equal to at least five dollars per thousand of val- 
uation shall receive from the treasury of the commonwealth 
the whole transportation under the provisions of this act. 

Section 2. This act shall take effect upon the first day Time of 
of July in the year nineteen hundred and thirteen. 

Approved March 28, 1913. 



taking eSect. 



Chap.S97 



An Act to authorize the city of boston to pay a 
pension to william f. seaver. 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Boston, with city of Boston 
the approval of the mayor, is hereby authorized to pay to ^enMon^t<f 
William F. Seaver an annual sum equal to one half of the g^eave^ ^' 
annual compensation which he received from the said city as 
a call man in the fire department of the city at the time of his 
retirement from the department in December, nineteen hun- 
dred and five; the said payment by the city to date from the 
first day of January, in the year nineteen hundred and thir- 
teen. The said Seaver served as a call substitute in the de- 
partment for nine years, and as a call man for thirty-one 
years, and resigned on account of injuries received at a fire. 

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

Approved March 28, 1913. 

An Act relative to printing proposals for contracts nhdy 398 

WITH THE CITY OF BEVERLY. 

Be it enacted, etc., as follotvs: 

The second sentence of section forty-five of chapter five 1910, 542, § 45, 
hundred and forty-two of the acts of the year nineteen hun- ^'^^'"^^'^^ 
dred and ten is hereby amended by inserting after the word 



340 Acts, 1913. — Chaps. 399, 400. 

"printed", in the ninth hne, the words: — three times, — 
and by striking out the words "three week days", in the 
tenth Hne, and inserting in place thereof the words : — ten 
days, — so that the said sentence will read as follows: — 
of*l''ontracte!"* No sucli contract shall be made until proposals shall have 
been invited by an advertisement printed three times in one 
or more newspapers for at least ten days before the time 
designated therein for the closing of bids, unless, in the case 
of any particular contract, the mayor shall in writing recom- 
mend that the same be not advertised. 

Ap2^roved March 28, 1913. 

Chap. 399 An Act to authorize the city of boston to pay an an- 
nuity TO THE WIDOW OF ROBERT A. RITCHIE. 

Be it enacted, etc., as follows: 

Sayply°^*°° SECTION 1. The city of Boston is hereby authorized 
|?°u'.ty to to pay an annuity of not more than three hundred dollars 
Ritchie. to Henrietta A. Ritchie, widow of Robert A. Ritchie, so 

long as she remains unmarried. The said Robert A. Ritchie, 
while in the discharge of his duties as a member of the fire 
department of the city received injuries, or contracted a 
disease, which injuries or disease resulted in his death. The 
fire commissioner may from time to time order the said an- 
nuity to be reduced. 
Time of Section 2. This act shall take effect upon its acceptance 

taking effect. i ,i •. -i i! • l "x 

by the city council oi said city. 

Approved March 28, 1913. 

Chap. 4:00 An Act to authorize the city of brockton to estab- 
lish AND maintain A DENTAL CLINIC FOR THE SCHOOL 

children of tpat city. 

Be it enacted, etc., as follows: 

Dental clinic Section 1. The cIty of Brockton is hereby authorized 
children in city to appropriate annually, beginning with the current year, 
a sum not exceeding five thousand dollars, to be expended 
by the school committee for the establishment and mainte- 
nance of a dental clinic for school children in the said city, 
upon such terms and conditions and under such regulations 
as the school committee shall from time to time prescribe. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1913. 



Acts, 1913. — Chaps. 401, 402. 341 



An Act relative to evidence as to the market value ChapAOl 

OF REAL estate TAKEN OR INJURED UNDER AUTHORITY 
OF LAW. 

Be it enacted, etc., as foUoivs: 

Section 1. The valuation made by the assessors of a introduction 

., , pjI p J i'Cjiji of assessors' 

City or town tor the purposes or taxation tor the three years valuation aa 
next preceding the date of the taking of or injury to real suu/fo®'" 
estate by the commonwealth or by a county, city or town un- damlges to 
der the authority of any law may, in a suit to recover the ^^ai estate, 
damages to such real estate, the whole or part of which is so 
taken or injured, be introduced as evidence of the fair market 
value of the real estate by any party to the suit: provided, proviso. 
Jioivever, that if the valuation of any one year is so introduced, 
the valuations of all three years shall be introduced in 
evidence. 

Section 2. This act shall not apply to any case in Not to apply 
which real estate was taken prior to the passage of this act. '"''^ meases. 

Section 3. This act shall take effect upon its passage. 

Ajwoved March 28, 1913. 

An Act to provide for remodeling and equipping the Chap. 4:02 

BUILDINGS OF THE COUNTY OF MIDDLESEX IN THE CITY OF 
CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing, in accordance Alteration, 
with the provisions of chapter tliirty-five of the Revised buiidin^""'^ 
Laws, fireproof rooms, safes or vaults, and for furnishing Cambridge, 
such rooms with fittings of non-combustible material, the 
county commissioners of the county of IMiddlesex may 
alter, remodel, furnish and equip the buildings of said 
county in the city of Cambridge. 

Section 2. To meet the expenses incurred under the Payment of 
provisions of this act, the county commissioners may borrow '"''p®''^®- 
from time to time on the credit of the county a sum not ex- 
ceeding twenty-eight thousand dollars, and may issue the 
bonds, notes or scrip of the county therefor, payable at a 
date not later than the first day of December in the year 
nineteen hundred and twenty-seven, and bearing interest, 
payable semi-annually, at a rate not exceeding four per cent 
per annum. Such bonds, notes or scrip shall be payable in 
such annual proportionate payments as will extinguish the 



342 



Acts, 1913. — Chaps. 403, 404, 405. 



same within the time prescribed in this act, and they shall 
not be sold for less than their par value. 
Section 3. This act shall take effect upon its passage. 

Ajyproved March 28, 1913. 



ChapAOS An Act to ratify certain action of the registrars of 

VOTERS IN THE TOWN OF ADAMS. 



Registration of 
certain voters 
legalized. 



Be it enacted, etc., as follows: 

Section 1. The action of the board of registrars of 
voters in the town of Adams in registering certain voters in 
that town on the twenty-second day of February in the 
current year shall not be invalid because of the fact that 
the said day was a legal holiday. 

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

Ajwoved March 28, 1913. 



ChapA04: An Act relative to trespassing upon the land of cer- 
tain public institutions. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section one hundred and 
twelve of chapter two hundred and eight of the Revised 
Laws, and of any amendments thereof, providing a penalty 
for trespassing upon land of certain institutions, are hereby 
extended and made applicable to the lands of Massachusetts 
training schools, state charitable institutions and the state 
farm. 

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

Approved March 28, 1913. 



Provisions of 
law relative 
to trespassing 
extended to 
certain public 
institutions. 



ChapA05 An Act to authorize the city of quincy to change its 

METHOD OF SEWER ASSESSMENT. 

Be it enacted, etc., as folloivs: 

Section 1. The city council of the city of Quincy is 
hereby authorized to amend, repeal or rescind any or all 
existing orders or ordinances of the city which establish a 
method of sewer assessment and by which assessments for 
sewers have been made, and the city is further authorized 
to adopt and establish by ordinance or by order any method 
of sewer assessment now authorized by law, and to make by 
its city council assessments and reassessments hereunder. 



Method of 
making sewer 
assessments 
in city of 
Quincy. 



Acts, 1913. — Chap. 406. 343 

But nothing herein contained shall be held to authorize the 
reassessment of any assessment heretofore made. 
Section 2. This act shall take effect upon its passage. 

Airproved March 28, 1013. 

An Act to incorporate the north leverett cemetery ChapA06 

ASSOCIATION. 

Be it enacted, etc., as folloics: 

Section 1. Dwight L. Graves, John W. Dickinson, gfJ^J^^j 
Gustavus V. Gowen, Allen H. Ingraham and Emmet W. Cemetery 

■1-I1..1' •, 1 11 1 Association 

liuckmaster, their associates and successors, are hereby made incorporated, 
a corporation by the name of the North Leverett Cemetery 
Association, for the purpose of acquiring, maintaining and 
improving as cemeteries the lands hereinafter described, 
with all the powers and privileges and subject to all the general 
laws now or hereafter in force applicable to cemetery cor- 
porations. 

Section 2. The said corporation is hereby authorized certain'' burili 
to take by right of eminent domain, or to acquire by purchase grounds, 
or otherwise, the tliree burial grounds situated in that part 
of the town of Leverett called North Leverett, on the Jackson 
Hill road, the Chestnut Hill road and at Moore's corner, 
respectively. 

Section 3. All persons now or hereafter owning lots or Membership, 
any interest in lots in said cemeteries 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 Proceeds 
held by the said corporation, and any bequests made to it, lots, etc. 
shall be applied to the preservation, improvement, embellish- 
ment, protection or enlargement of said cemeteries, and to 
paying the incidental expenses thereof, and to no other pur- 
pose. 

Section 5. The said corporation is hereby authorized ^g,*^' ^*''**' 
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, embellislnnent, protection or enlargement of 
said cemeteries, or of any lot therein, or for the erection, 
repair, 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 



344 



Acts, 1913. — Chaps. 407, 408. 



Officers, 
powers and 
duties, etc. 



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 
provide for such officers as may be necessary, and may define 
their powers and duties, and may also provide for the care 
and management of the said cemeteries 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 28, 1913. 



ChapA07 An Act to authorize the city of Cambridge to pay a 

SUM OF MONEY TO THE WIDOW OF JEREMIAH F. DONOVAN. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge is hereby authorized 
to pay to Ellen F. Donovan, widow of Jeremiah F. Donovan, 
a sum of money equal to the amount of salary to which said 
Jeremiah F. Donovan would have been entitled as an assessor 
of the said city had he lived to complete his term of service. 

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

Approved March 28, 1013. 



City of 
Cambridge 
may pay a 
sum of money 
to Ellen F. 
Donovan. 



Copy of 
proposed law 
or amendment 
to constitution 
to be sent to 
voters in citiea. 



ChapAOS An Act relative to giving notice to voters in cities 

OF REFERENDUM MEASURES. 

Be it enacted, etc., as follows: 

Section 1. Whenever any proposed law, or amendment 
to the constitution, is to be placed upon the ballot at any 
election to be voted upon by the voters taking part in such 
election, it shall be the duty of the city clerk in every city 
where the proposed law or amendment is to be voted upon, 
except as hereinafter provided, to cause to be sent to each 
of the registered voters in his city entitled to vote thereon a 
copy of the proposed law or amendment of the constitution, 
with the statement that the proposed law or amendment is 
to be voted on at said election. 

Section 2. Upon a vote of the city council of any city, 
with the approval of the mayor, there may be substituted for 
a copy of such proposed law or amendment a statement of 
the general purport of the proposed law or amendment, which 



Statement of 
general purport 
of law, etc., 
may be sub- 
stituted. 



Acts, 1913. — Chap. 409. 345 

statement shall be prepared by the city solicitor of the city 
and shall be approved by the mayor and city council. 

Section 3. All copies or statements sent out under Time of 
the provisions of this act shall be sent not less than seven days ^'^'^ ^^^' 
and not more than twenty-one days before the election at 
which said matter is to be voted upon. 

Section 4. By vote of the city council of any city, with Provisions of 
the approval of the mayor, the provisions of this act may be suspended? 
suspended and made inapplicable as to a particular pro- ®*°' 
posed law or constitutional amendment. 

Section 5. This act shall take effect upon its passage. 

Approved March 29, 1913. 

An Act relative to the auditing by the bank com- (JJidj) 409 
missioner of accounts of trust companies. 

Be it enacted, etc., as follows: 

Section 1. The bank commissioner is hereby authorized. Examination 
when so requested by vote of a majority of the directors or of trust com- 
by the stockholders' examining committee of any trust com- ^^'^'®^* 
pany in the commonwealth, to make a thorough examination 
and audit of the books, securities, cash, assets, liabilities, in- 
come and expenditures of the company, for such period as 
the directors or committee may request or as the commissioner 
may prescribe. The bank commissioner may avail himself 
of such assistance from the officers and employees as he may 
deem proper. The expense of the audit shall be borne by the 
trust company. 

Section 2. The person in charge of the examination shall ^X'^o^bank 
render to the commissioner a report of his findings, in such commissioner, 
form as the commissioner may prescribe, and a copy thereof 
shall be furnished to the directors or to the stockholders' 
examining committee of the company within ten days after 
the original has been submitted to the commissioner, to- 
gether with a notice of the amount of the fee to be paid, 
which shall be due and payable within thirty days after the 
date of the notice. Upon the failure of any such corporation 
to pay the required fee within the time prescribed herein the 
bank commissioner shall report the facts to the attorney- 
general, who shall immediately bring an action for the re- 
covery of the fee. 

Section 3. Said commissioner, in order to carry out the Additional 
provisions of this act, is hereby authorized to employ such a^^'s*=*^<'«- 



346 



Acts, 1913. — Chap. 410. 



Disposition of 

moneys 

collected. 



Time of 
taking effect. 



additional assistance, subject to the approval of the governor 
and council, as he may deem necessary. 

Section 4. All moneys collected and received by the 
bank commissioner under the provisions of this act shall be 
paid into the treasury of the commonwealth. 

Section 5. This act shall take effect on the first day of 
January, nineteen hundred and fourteen. 

Approved March 29, 1913. 



R. L. 100, § 21, 
etc., amended. 



Sale of 
intoxicating 
liquor by 
druggists, etc. 



ChapAlQ An Act kelative to the granting of certain certif- 
icates TO PHARMACISTS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter one hundred 
of the Revised Laws, as amended by chapter one hundred and 
ninety of the acts of the year nineteen hundred and seven, 
is hereby further amended by striking out the w^ords "or a 
certificate of fitness", in the second and third lines, so as 
to read as follows : — Section 21 . Druggists and apothecaries 
having a sixth class license may sell pure alcohol for medic- 
inal, mechanical or chemical purposes without a physician's 
prescription, the said sales to be recorded in the manner pro- 
vided for in section twenty-six; and wholesale druggists 
and apothecaries may also sell liquor of any kind, not to be 
drunk on the premises, under a license of the fourth class. 

Section 2. Section twenty-two of said chapter one hun- 
dred is hereby amended by striking out the words " of fitness ", 
in the eighth line, so as to read as follows: — Section 22. No 
license for the sale of spirituous or intoxicating liquor, except 
of the sixth class, shall be granted to retail druggists or 
apothecaries. One or more licenses of the sixth class shall be 
granted annually by the licensing board of cities, or by the 
mayor and aldermen of cities having no such board, or by the 
selectmen of towns, to retail druggists or apothecaries who 
are registered pharmacists actively engaged in business on 
their own account, upon presentation to the licensing board 
of the certificate prescribed by the following section, if it 
appears that the applicant is a proper person to receive such 
license, and is not disqualified to receive it under the pro- 
visions of sections fifty-three and fifty-four. A registered 
pharmacist who owns stock of the actual value of at least 
five hundred dollars in a corporation which has been incor- 
porated for the purpose of carrying on the drug business, and 



R. L. 100, § 22, 
amended. 

Licenses to 
druggists, etc. 



Acts, 1913. — Chaps. 411, 412. 347 

who conducts in person the business of a store of such cor- 
poration, shall be considered as actively engaged in business 
on his own account and as qualified to receive a license for 
such store. Approved March 29, 1913. 

An Act relative to supplying physicians and nurses ChavAW 
FOR the families of members of fraternal benefit 
societies. 

Be it enacted, etc., as follows: 

Section 1. The last sentence of the third paragraph of i9ii. 628, § 29, 

. ameuaea. 

division b of section twenty-nine of chapter six hundred and 
twenty-eight of the acts of the year nineteen hundred and 
eleven is hereby amended by adding at the end thereof the 
words : — and for their immediate families, — so that the 
said sentence will read as follows : — Any such organization May furnish 
may also furnish physicians and nurses for its members and etcr'for^'^^' 

e jI** ^^ j. S! •!• members, etc. 

lor their nnmediate lamilies. 

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

Apiyroved March 29, 1913. 

An Act relative to the construction of a new bridge Chap. 4^12 
over belle isle inlet between the city of boston 
and the town of winthrop. 

Be it etiacted, etc., as folloivs: 

Section 1. The city of Boston is hereby authorized and J^new'brkige 
directed within two years after this act takes effect, subject f^gt^^" ^^^ 
to the provisions of this act and of chapter ninety-six of the 
Revised Laws, of all amendments thereof and of all other gen- 
eral laws which may be applicable, to remove the existing 
bridge and lay out and construct a new highway bridge over 
and across Belle Isle Inlet, so-called, from Main street in the 
town of Winthrop to Saratoga street iu the city of Boston, 
substantially replacing the present bridge over said Belle Isle 
Inlet connecting the city of Boston and the town of Win- 
throp, at a total expense not exceeding fifty-five thousand 
dollars, exclusive of all approaches. The bridge shall be con- 
structed without a draw, and shall be of such width, not less 
than fifty feet for the exclusive use of the public travel, grade, 
material, and construction, and shall be constructed at such 
place and between such points as the mayor of the city of 
Boston and the selectmen of the town of Winthrop, with 



348 



Acts, 1913. — Chap. 412. 



Term "bridge" 
construed, etc. 



Construction 
of approaches, 
etc. 



Taking of 
land, etc. 



the approval of the directors of the port of Boston, shall 
approve and determine. The directors of the port of Boston 
shall authorize such occupation of land and flats and such 
filling and dredging as they may deem necessary for the proper 
construction of the bridge, and no compensation for the dis- 
placement of tidewater or for occupying any land or flats 
of the commonwealth shall be required of the city of Boston 
or of the town of Winthrop, or either of them. 

Section 2. The word "bridge", as used in this act, 
and the structure the cost of which is to be apportioned 
between said city and said town, as hereinafter provided, 
shall be deemed to be that part of said bridge, structure or 
highway between the mean highwater mark of Belle Isle 
Inlet on the shore of the said city and the mean highwater 
mark of Belle Isle Inlet on the shore of said town; and the 
city of Boston, at its own sole expense, at or before the com- 
pletion of said bridge, shall construct and provide all neces- 
sary and proper approaches to said bridge within the city of 
Boston up to said mean highwater mark, and shall assume 
and be liable for all damages, if any, caused by the laying 
out and construction of the bridge, or its approaches, or 
the taking of land or easements therefor, or the abandon- 
ment of the present bridge with respect to that territory 
lying westerly of the said mean highwater mark on the 
Boston shore; and the town of Wintlu-op, at its own sole ex- 
pense, at or before the completion of said bridge, shall 
construct and provide all necessary and proper approaches 
to said bridge within the town of Winthrop up to said mean 
highwater mark, and shall assume and be liable for all 
damages, if any, caused by the laying out and construction of 
said bridge, or its approaches, or the taking of land or ease- 
ments therefor, or the abandonment of the present bridge 
with respect to that territory lying easterly of said mean 
highwater mark on the Winthrop shore. 

Section 3. The city of Boston is hereby authorized to 
take for the purpose of constructing said bridge any land, 
flats or easements of any person or corporation lying between 
the respective lines of mean highwater mark of Belle Isle 
Inlet; and, in making such taking, shall proceed under the 
same laws, so far as they may be applicable, which govern 
the laying out of highways in the city of Boston with like 
remedies to all parties interested, and all damages to property 
caused by said taking shall be paid in the first instance by the 
citv of Boston. 



Acts, 1913. — Chap. 412. 349 

Section 4. The city of Boston and the town of \Yin- work to be 
throp in the construction of said approaches and in the laying certain pro- 
out, altering, relocating, change of grade, or abandonment '^'®'°^^° 
within their respective territories of so much of the streets 
and ways as may be made necessary by the construction 
of said bridge, shall proceed under the same laws, so far as 
they are applicable, which govern the laying out of highways 
in said city and town, respectively, under the provisions of 
law authorizing the assessment of betterments, and with like 
remedies to all parties interested. The city of Boston and Damages, 
the to'wai of Winthrop shall respectively pay all damages to 
property witliin their respective territories caused by the 
laying out and construction of the approaches to said bridge, 
to be recovered in the manner provided by law for highw^ay 
damages in said city and town respectivel}'. 

Section 5. The cost and expense incurred in the laying Expense to be 
out and construction of said bridge shall, in the first in- of Boston'in 
stance, be paid by the city of Boston, and the city is hereby ^'"^ i^tance. 
authorized to appropriate by loan or otherwise such sum or 
sums of money as may be necessary therefor, not exceeding 
fifty-five thousand dollars, and to issue notes therefor bear- 
ing interest at a rate not exceeding four per cent per annum, 
payable semi-annually^ The cost and expense of removing 
and changing the location of the water pipes owned by the 
city of Boston shall be assumed in full by the said city and 
shall not be included in the cost of said bridge. The whole 
cost of the construction of said bridge, including any sums 
paid as damages for the taking of land or other rights for the 
construction of the same, shall not exceed the sum of fifty- 
five thousand dollars, and no money shall be expended or 
any contract made or entered into or indebtedness incurred 
for the purposes aforesaid until the plan and specifications 
for the bridge and any proposed contract for the construction 
of the same sliall be approved by the mayor of the city of 
Boston and the selectmen of the tovm of Winthrop. 

Section 6. Upon the completion of said bridge, the city Apportionment 
of Boston shall file in the office of the town clerk of the toM n ° 
of Winthrop a detailed statement, certified by its proper 
officers, of the total cost of said bridge and the amount of 
interest paid on any money borrowed under the provisions 
of this act, for the construction of said bridge and within 
sixty days after the filing of said statement in the office of 
the town clerk of Wintlu-op, as aforesaid, the town of Win- 
throp shall repay to the city of Boston as its proportionate 



350 



Acts, 1913. — Chap. 412. 



Liability for 
defects, etc. 



Street railway 
location. 



part of the expense and cost of construction of the bridge 
such sum of money as will amount to forty per cent of the 
total cost; and the town of Winthrop shall thereupon be- 
come liable to the city of Boston for the said proportion of 
the cost of the bridge, to be recovered in an action of con- 
tract. The town of Winthrop, for the purpose of paying 
the necessary expense and liabilities incurred under this act, 
is hereby authorized to incur indebtedness, outside the limit 
fixed by law, and to borrow such sum or sums of money as 
may be necessary therefor, and to issue notes therefor 
payable within a period not exceeding twenty years from 
the date of the note first issued, bearing interest at a rate 
not exceeding four per cent per annum, payable semi-an- 
nually, and the town shall, at the time of authorizing 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. 

Section 7. Upon the completion of the bridge, the 
mayor of the city of Boston shall cause notice thereof to 
be served upon the selectmen of the town of Winthrop, 
and thereafter the care and superintendence of such part 
of the said highway, bridge and approaches as lies easterly 
of that point of the bridge which is midway between the re- 
spective highwater marks of said Belle Isle Inlet shall de- 
volve upon the town of Winthrop, and the said town shall 
thereupon become liable for all defects in said part of said 
highway, bridge and approaches in like manner as for de- 
fects in town ways; and the care and superintendence of 
such part of said highway, bridge and approaches as lies 
westerly of said point on said bridge which is midway 
between the respective highwater marks of said Belle Isle 
Inlet shall devolve upon the city of Boston, and the city 
shall thereupon become liable for all defects in said last 
mentioned part of said highway, bridge and approaches in 
like manner as for defects in streets and highways in the 
city of Boston. 

Section 8. In case any street railway is granted a loca- 
tion upon the said bridge, it shall pay into the treasury of 
the city of Boston and the town of Winthrop, respectively, 
in the proportions stated in section six of this act, as a part 
of the expense of the construction of said bridge, a sum of 
money amounting to fifteen per cent of the said expense, 
that is to say, sixty per cent of fifteen per cent of said expense 
to the city of Boston and forty per cent of fifteen per cent of 



Acts, 1913. — Chap. 413. 351 

said expense to the town of Winthrop: provided, hoivever, Pro^-isos. 
that no street railway shall be granted any location over 
said bridge without the joint consent of the respective au- 
thorities of the city of Boston and the town of Winthrop in- 
vested with the power of granting such locations; and pro- 
vided, further, that no such location shall be granted upon 
said bridge except upon the condition herein set forth and 
the further condition that said compan}' shall enter into an 
agreement with said city and said town, respectively, to keep 
that part of the roadway on said bridge lying between the 
tracks of the company and eighteen inches outside thereof 
on both sides of said track in reasonable repair and safe for 
the public travel. 

Section 9. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

Section 10. This act shall take effect upon its accept- Time of taking 
ance by the city council, with the approval of the mayor 
of the city of Boston, and upon its acceptance by vote of 
the town of Winthrop at a legal meeting duly called for 
the purpose; otherwise, it shall not take effect, and for 
the purpose of being submitted to said city and said town 
as aforesaid, this act shall take effect upon its passage. 

Ajiproved March 29, 1913. 



An Act relative to the sale of intoxicating liquors Qj^^dj) 413 

BY registered PHARMACISTS. 

Be it enacted, etc., as folloivs: 

Section 1. In any city or tovm. in which licenses for the saie of aicohoi 
sale of intoxicating liquors of the first five classes are not reguiateS!^'''''^ 
granted, registered pharmacists to whom a certificate of 
fitness has been issued as provided for by section two of this 
act, may sell pure alcohol for medicinal, mechanical or 
chemical purposes without a physician's prescription, such 
sales to be recorded in the manner provided for in section 
twenty-six of chapter one hundred of the Revised Laws, and 
may sell intoxicating liquors upon the prescription of a 
registered physician practising in such city or town, provided 
that the prescription is dated, contains the name of the per- 
son prescribed for, and is signed by the physician. All such 
prescriptions shall be retained and kept on file in a separate 
book by the pharmacist filling the same, and shall not 
be filled a second time. Such prescription book shall be open 



352 



Acts, 1913. — Chaps. 414, 415. 



Certificatea of 

fitness. 



Penalty. 



Repeal. 



at all times to the inspection provided for in section twenty- 
seven of chapter one hundred of the Revised Laws. 

Section 2. The board of registration in pharmacy may, 
upon the payment by each applicant of a fee of not more 
than five dollars, issue to registered pharmacists certificates 
of fitness. Such certificates of fitness shall be subject to sus- 
pension or revocation by the board of registration in phar- 
macy, or by the licensing.authorities of such cities and towns. 

Section 3. Whoever violates any provision of this act 
shall be punished by a fine of not less than fifty nor more 
than five hundred dollars, or by imprisonment for not less 
than one month nor more than six months, or by both such 
fine and imprisonment. 

Section 4. Chapter two hundred and eighty-one of the 
acts of the year nineteen hundred and six and all acts and 
parts of acts inconsistent herewith are hereby repealed. 

Approved March 29, 1913. 



Salaries estab- 
lished. 



Repeal. 



ChapA14: An Act to establish the salaries of the justice and 

CLERK OF THE POLICE COURT OF W^ILLIAMSTOWN. 

Be it enacted, etc., as folloivs: 

Section 1. The salary of the justice of the police court 
of Williamstown, and the salary of the clerk of said court, 
shall be twelve hundred dollars and seven hundred and 
twenty dollars a year, respectively. 

Section 2. So much of Class I of section one of chapter 
four hinidred and fifty-three of the acts of the year nineteen 
hundred and four, as amended bj^ section two of chapter 
four hundred and forty-three of the acts of the year nineteen 
hundred and five, and by section three of chapter one hun- 
dred and twenty-eight of the acts of the year nineteen hun- 
dred and seven, as is inconsistent herewith is hereby re- 
pealed. 

Section 3. This act shall take effect upon its passage. 

Ayiwoved March 29, 1913. 



Chap.Al^ An Act relative to the use of certain motor boats 

IN THE waters OF THE TOWN OF PROVINCETOWN. 



Be it enacted, etc., as follows: 



Sot or^'bolte °^ Section 1. It shall be unlawful to use or keep in the 
used in the watcrs of thc town of Provincetown any boat of less than 



Acts, 1913. — Chaps. 416, 417. 353 

five tons, propelled by any mechanical power or by any waters of the 
power other than muscular power or the power of sails, Provincetown. 
and used in the fishing business, unless the same is duly 
registered in accordance with such regulations as may be 
made by the selectmen of the town, in addition to the regu- 
lations made herein. Every boat so registered shall carry 
its registered number painted on each side of the bow, plainly 
visible, in figiu-es not less than two inches long. 

Section 2. Whoever uses a boat in violation of the Penalty, 
provisions of this act shall be punished by a fine of not 
more than fifty dollars for each offence. 

Section 3. This act shall not apply to boats owned by Not to apply 
non-residents of Provincetown unless they are regularly cases, 
kept or used in the waters of the said town. 

Approved March 29, 1913. 

An Act relative to the certification qy town notes (7/^q^ 4^5 

BY the director OF THE BUREAU OF STATISTICS. 

Be it enacted, etc., as follows: 

Section 1. The director of the bureau of statistics, certification 
for the purpose of certifying a note under the provisions town notes, 
of chapter six hundred and sixteen of the acts of the year 
nineteen hundred and ten and amendments thereof, may 
construe a note to ha^e been duly issued if made in ac- 
cordance with the provisions of said act and amendments 
thereof, or if made in accordance with any law which does 
not require a vote of the town, and he may certify any 
such note on any date not earlier than three days prior to 
the date of issue as it appears on the note. 

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

Approved March 29, 1913. 

An Act to authorize the metropolitan park commis- (Jfiar) 417 

SION TO appoint A IL\RBOR PIASTER AND ASSISTANT HAR- 
BOR MASTERS FOR THE CHARLES RIVER BASIN. 

Be it enacted, etc., as follows: 
Section 1. The metropolitan park commission mav Harbormaster 

. , ,1 , ■, -j^j.!! J*" and assistants 

appomt a harbor master and assistant harbor masters fwcharies 
from its police force who shall respectively have and exercise a'Jpointment, 
within the Charles river basin, as defined by chapter five ^**' 
hundred and twenty-four of the acts of the year nineteen 



354 



Acts, 1913. — Chap. 418. 



hundred and nine and acts in addition thereto and in amend- 
ment thereof, all the powers and authority which now apper- 
tain by law to the offices of harbor master and assistant harbor 
masters for the port of Boston appointed by the police 
commissioner of the city of Boston. Said commission may 
require such further duties of these officers, including the 
duties of officers and members of the police force appointed 
by said commission, not inconsistent with the provisions of 
law, as the commission may deem expedient. 
Compensation. SECTION 2. The harboF master and assistant harbor 
masters appointed hereunder shall receive the pay which 
may be established for the grade or rank which they re- 
spectively hold in the police force of said commission. 
Section 3. Tliis act shall take elTect upon its passage. 

Ayinoved March 29, 1913. 



ChapAlS An Act to provide for the appointment of a reserve 

POLICE FORCE IN THE TOWN OF PEABODY. 

Be it enacted, etc., as folloivs: 

Section 1. The selectmen of the town of Peabody may 
from time to time, as authorized by the town, and under such 
rules as the civil service commissioners prescribe, appoint 
suitable persons to constitute a reserve police force for said 
town. 

Section 2. One member of said reserve force shall be 
appointed for eyery three members of the regular police 
force at the time of the passage of this act, and one may be 
added after each increase of three in the regular police force. 

Section 3. All appointments upon the regular police 
force of said town shall be made from the reserve police 
force, under such rules as the civil service commissioners 
may prescribe; and service on the reserve police force for 
not less than six months shall be deemed to be equivalent 
to the probationary period now required by the rules of the 
said commissioners. 

Section 4. The members of the said reserve police force 
shall, when on duty, be paid by the town such compensation, 
not exceeding two dollars and seventy-five cents a day, as the 
selectmen may prescribe. 

Section 5. This act shall take efTect upon its passage. 

Aiyproved March 29, 1913. 



Reserve police 
force for town 
of Peabody 
established. 



Number of 
members. 



Appointment 
to regular 
force, etc. 



Compensation. 



Acts, 1913. — Chaps. 419, 420, 421. 355 



An Act to PRovros clerical assistance for the treas- ChapA19 

CRER OF THE COUNTY OF HAMPSHIRE. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter one hundred and amended.^ '' 
twenty-two of the acts of the year nineteen hundred and 
eleven is hereby amended by striking out the word "four", 
in the third Une, and inserting in place thereof the word : — 
five, — so as to read as follows : — Section 1 . The treasurer clerical assist- 
of the county of Hampshire shall annually be allowed from treasurer. 
the treasury of the county the sum of five hundred dollars ^unt^.^"* 
for clerical assistance. 

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

Approved March 29, 1913. 



An Act to revive the charter of the j. h. stedman 

COMPANY. 



Chap.A20 



Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventy-seven of charter 

rGVlVGQ* 

the acts of the year nineteen hundred and thirteen, in so 
far as it applies to or affects The J. H. Stedman Company, is 
hereby repealed; and the charter, organization and acts of 
that company shall remain of the same force and effect 
which they had at the time of the passage of said act. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, 1913. 

An Act relative to the appointees of the board of ^^^^^ 42 1 

education. 

Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter four hundred and ^^c^'a^^'eided 
fifty-seven of the acts of the year nineteen hundred and 
nine, as amended by chapter two hundred and eight}'- 
two of the acts of the year nineteen hundred and ten, by 
chapter four hundred and sixty-six of the acts of the year 
nineteen hundred and eleven, and by chapter eighty of the 
acts of the year nineteen hundred and twelve, is hereby 
further amended by striking out the words "at equal sal- 
aries", in the fourteenth line, so as to read as follows: — 



356 



Acts, 1913. — Chap. 422. 



Commissioner 
of education, 
appointment, 
etc. 



Deputy com- 
missioners. 



Expenses of 
board. 



Section 3. The board shall appoint a commissioner of edu- 
cation whose term of office shall be five years, and may fix 
his salary at such sum as the governor and opuncil 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 education. 
He shall be the executive officer of the board, shall have 
supervision of all educational work supported in whole 
or in part by the commonwealth, and shall report thereon 
to the board, 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 also 
appoint two deputy commissioners, one of whom shall 
be especially qualified to deal with industrial education. 
The powers, duties, salaries and terms of office of said deputy 
commissioners shall be such as may be established from time 
to time by the board, but the board may, by a vote of six 
members thereof, remove from office at any time either 
of said deputy commissioners. The board 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 performance of their official 
duties, such sum as shall be appropriated by the general 
court annually, payable out of the treasury of the common- 
wealth. 

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

Approved March 31, 1913. 



ChapA22 An Act relative to allowances to cities and towns 
IN the metropolitan water district for water fur- 
nished FROM their own SOURCES. 

Be it enacted, etc., as follows: 

wS'hJ-ni^d Section 1. Any city or town belonging to the metro- 

and*^ town" In'^^ politau watcr district, established under the provisions of 

*^^^^tropoU- chapter four hundred and eighty-eight of the acts of the 

district. year eighteen hundred and ninety-five, w^hich is assessed 

upon its total valuation, or which shall be admitted to the 

district under said chapter or any subsequent act of the 

general court, and which shall agree with the metropolitan 

water and sewerage board to furnish from its own works a 



Acts, 1913. — Chaps. 423, 424. . 357 

constant and fixed quantity of water of proper quality for 
a term of five or more years, as a part of its own water sup- 
ply, such quantity to be not greater than the safe capacity 
of its sources in a dry year as determined by said board, 
shall be allowed and credited in its apportionment with such 
sum for every million gallons furnished in accordance with 
the agreement so made, as shall be determined in each year 
by the said board and certified by it to the treasurer of the 
commonwealth: provided, however, that the said sum shall ^^^'^o- 
not be less than twenty-four dollars per million gallons and 
shall not exceed the average cost to the metropolitan water 
district of water furnished from the metropolitan water 
supply during the year preceding that in which the assess- 
ment is made. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, WIS. 

An Act relative to the salary of the treasurer of (J^idj) 423 

THE COUNTY OF ESSEX. 

Be it enacted, etc., as follows: 

Section 1. The salary of the treasurer of the county of fi^^i^^^^ ^^**^" 
Essex shall be three thousand dollars a year, payable from 
the treasm-y of the county. 

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

Section 3. This act shall take effect upon its passage. 

Approved April 2, 1913. 

An Act relative to the inspectors of factories and qji^j) 424 
buildings of the district police. 

Be it enacted, etc., as follows: 

Section 1. The inspectors of factories and public build- Transfer of 

„•,,.. Ti p 11 certain in- 

nigs 01 the district police who were transferred to the state specters 
board of labor and industries, established by chapter seven 
hundred and twenty-six of the acts of the year nineteen 
hundred and twelve, shall, upon their request in writing to 
the governor, be transferred to the building department of 
the district police to fill any vacancies in that department 
which may occur after the first day of June in the year nine- 
teen hundred and thirteen. 
Section 2. This act shall take effect upon its passage. 

Approved April 2, 1913. 



358 



Acts, 1913. — Chaps. 425, 426, 427. 



Chap. 425 An Act kelative to the office of assistant city clerk 

IN CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The assistant city clerk in the city of Cam- 
bridge shall be appointed by the city clerk of the city, and 
the appointment shall be made from the civil service list; 
but this requirement as to the civil service list shall not apply 
to the present incumbent. 

Section 2. So much of the charter of the city of Cam- 
bridge as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Ajyproved April 2, 1913. 



Assistant city 
clerk in Cam- 
bridge, ap- 
pointment, etc. 



Rejjeal. 



Chap.426 An Act relative to certain boxes and baskets used 
in mills and workshops w^here women are employed. 

Be it enacted, etc., as follows: 

Section 1. Boxes, baskets and other receptacles having 
the dimensions of not less than two feet in width, two and 
one half feet in length and two feet in height, or equivalent 
dimensions, which are to be moved by female employees in 
any manufactm-ing or mechanical establishment, shall be 
provided with pulleys, casters or some other mechanical 
device so that they can be moved easily from place to place 
in such establishments. 

Section 2. Whoever violates the provisions of this act 
shall be punished by a fine not exceeding fifty dollars for 
every day during which there shall be a failure to equip or 
provide such boxes, baskets or other receptacles with some 
one of the appHances specified in section one of this act. 

Approved April 3, 1913. 



Certain recep- 
tacles to be 
moved by 
female em- 
ployees in 
manufactur- 
ing, etc., estab- 
lishments, to 
be provided 
with casters, 
etc. 



Penalty. 



Chap. 427 An Act to authorize the city of boston to pay a sum 

of money to timothy II. McAULIFFE. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to 
pay to Timothy H. McAuliffe of that city, formerly employed 
in the sanitary service of the public works department of 
the city, who has become totally blind as the result of an in- 
jury sustained in the discharge of his duty, the sum of three 



City of Boston 
may pay an 
annuity to 
Timothy H. 
McAuliffe, 



Acts, 1913. — Chaps. 428, 429. 359 

hundred and sixty dollars annually, during his life, to be 
paid in equal monthly instalments. 

Section 2. This act shall take effect upon its acceptance Time of taking 
by the city council of the city of Boston, with the approval 
of the mayor. Approved April 3, 1913. 

An Act to autiiorizie the city of holyoke to pay a sum Qjid'n 428 

OF MONEY TO THE WIDOWS OF PATRICK J. RILEY AND 
JAMES J. LYNCH. 

Be it enacted, etc., as foUoivs: 

Section 1. The city of Holyoke is hereby authorized to city of 
pay out of its treasury the sum of fifteen hundred dollars pay^a'sunTof 
to "Mary A. Riley, widow of Patrick J. Riley, and the like rRifey''a,S"'' 
sum to Katherine Lynch, widow of James J. Ljiich, the said Lynch?"" 
Patrick J. Riley and James J. Lynch having died from in- 
jm-ies received in the performance of their duty as mem- 
bers of the fire department of said city. The said sums 
shall be paid as follows : — five hundred dollars to each of 
the said widows on the passage of this act, and the remainder 
in equal quarterly instalments. In case either of the said 
widows shall marry again or shall die before the full amount 
authorized by this act has been paid to her, the amount 
which would otherwise be paid to her shall be paid to a 
guardian for the benefit of her children living at the death 
of the widow or at the time of her remarriage and then 
under eighteen years of age. 

Section 2. This act shall take effect upon its passage. 
r Approved April 3, 1913. 



Chap.429 



An Act relative to the issuance of permits and li- 
censes in THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen, and the city issuance of 
council of the city of Springfield, may delegate to com- fi^e^^s tn city 
missions or commissioners, boards or heads of departments, of^Spnngfieid, 
the power respectively vested in them by the laws of the 
commonwealth to grant and issue licenses and permits, and 
may respectively regulate the granting and issuing of licenses 
or permits which the mayor and aldermen or which the city 
council are authorized to grant and issue by the statutes of 
the commonwealth except such as may be granted and issued 



360 Acts, 1913. — Chaps. 430, 431. 

by the mayor and aldermen under the provisions of chapter 
one hundred of the Revised Laws and acts in addition thereto 
or in amendment thereof. 
Repeal. SECTION 2. So much of any act as is inconsistent here- 

with is hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Ajyproved April 3, 1913. 

ChapASO An Act to increase the number of special justices 

OF THE MUNICIPAL COURT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

R. L. 160, § 55. Section fifty-five of chapter one hundred and sixty of the 
Revised Laws, as amended by section eleven of chapter six 
hundred and forty-nine of the acts of the year nineteen hun- 
dred and twelve, is hereby further amended by striking out 
the word "two", in the third line, and inserting in place 
thereof the word : — four, — so as to read as follows : — 

Justices, mu- SectloTi 55. The municipal court of the citv of Boston shall 

nicipal court of . . , . « . . . ■, . ^ . , p 

Boston. consist of ouc chiet justice, eight associate justices and tour 

special justices. Approved April 3, 1913. 

ChapA31 An Act relative to voting precincts in towns. 
Be it enacted, etc., as follows: 

1907,560 §381. SECTION 1. Scctiou three hundred and eighty-one of 
chapter five hundred and sixty of the acts of the year nine- 
teen hundred and seven is hereby amended by inserting after 
the word "meeting", in the seventh line, the words: — The 
acceptance of the said provisions may be revoked by the 
town at a meeting called for the purpose and held thirty days 
at least before the annual town meeting; and if so revoked, 
the said provisions shall cease to be in force therein, • — so 

Towns may as to read as follows: — Section 381. Towns divided into 

establish pre- .. ., i?xl' Ix ix* j.1- 

cinct voting votiug prcciucts may, lor their annual town election, estab- 
cws!*^^" ^^' lish precinct voting for all town officers to be chosen thereat 
and for voting on the question of gi'anting licenses for the 
sale of intoxicating liquors, by accepting the provisions of 
this section at a meeting called for the purpose and held four- 
Acceptance teen days at least before the annual town meeting. The 
voked.etc. acccptaucc of the said provisions may be revoked by the 
town at a meeting called for the purpose and held thirty 
days at least before the annual town meeting; and if so re- 



Acts, 1913. — Chap. 432. 361 

voked, the said provisions shall cease to be in force therein. 
In towns so voting, or which have accepted the corresponding other matters 
provisions of earlier laws, all matters to be considered at upon at a 
the annual town meeting, other than the election of town meeuSgf"* 
officers and the question of granting licenses for the sale 
of intoxicating liquors, shall be in order only at a town 
meeting held within thirty days after the date of the annual 
election, and not later than the thirtieth day of April. The 
time and place of holding such subsequent meeting shall be 
stated in the warrant for the annual election, and said election, 
subsequent meeting and its adjournments shall be regarded 
as parts of the annual town meeting. The election of a mod- 
erator, except in towns where moderators are elected for the 
term of one year, shall be the first business in order at said 
subsequent meeting. Towns are not hereby authorized to Not author- 
vote by precincts at special elections of towTi officers. by precincfs 
Section 2. This act shall take effect upon its passage. eiecUonfof 

Approved April 3, 1913. *<^^'' '^^^^'■^• 



An Act to provide for excluding vehicles from cer- nhni) 439 

TAIN STREETS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1 . The board of street commissioners of the Exclusion, etc.. 
city of Boston may make rules and regulations to exclude "/om^'"'^^ 



certain 

or divert vehicles of any or all kinds, except street railway Bogto^'etc 
cars, from streets or parts of streets during such hoiu-s 
of the day as the board may deem proper, and may prescribe 
penalties for violation of such rules, not exceeding twenty 
dollars for every such violation. 

Section 2. Before any rules are adopted by the board ^ent'^Jf'"' 
of street commissioners to carry out the provisions of this hearing, rules, 
act, an advertised public hearing shall be given. In the ad- 
vertisement for the hearing the streets from which it is pro- 
posed to exclude or divert vehicular traffic shall be named, 
and also the hours of the proposed exclusion. After the 
adoption of such rules and before they shall become opera- 
tive, they shall be advertised at least once a week for two 
weeks in two or more daily newspapers published in the 
city: of Boston. 

Section 3. Any such rules adopted hereunder shall be Enforcement 
enforced by the police department of the city of Boston. °^ '^"'*'^' 

Approved April 3, 1913. 



362 



Acts, 1913. — Chap. 433. 



Investigation 
as to improve- 
ment of 
Taunton river, 
etc. 



Chap ASS An Act relative to the improvement of taunton river 

FOR PURPOSES OF NAVIGATION. 

Be it enacted, etc., as follows: 

Section 1. The board of harbor and land commissioners 
is hereby authorized and directed to investigate the im- 
provement of Taunton river, from Weir Village, so-called, in 
the city of Taunton, to the city of Fall River, in order to 
secure a channel twenty-five feet deep, or approximating 
that depth, for the purposes of navigation. The board shall 
consider and report upon the cost of land and the amount of 
land damages that would probably be necessary for making 
the said improvement and for the incidental straightening 
of the waterway, and shall collate and submit data estima- 
ting the probable amount of tonnage or transportation 
that would make use of the river improved as aforesaid, 
and shall investigate the possible development of navigation 
in the said river. The board shall report what investigations, 
reports, appropriations and expenditures have been made 
by the U^nited States and by the commonwealth of Mas- 
sachusetts relative to the navigation and improvement of 
the said river, and what action should be taken by the com- 
monwealth and the various municipalities bordering on the 
river, either in co-operation with the United States or with- 
out such co-operation, to carry into effect such plans as the 
board may recommend for improving the navigation. The 
board shall consider the existence and establishment of both 
public and private terminal and transfer facilities, and shall 
give its opinion as to their adequacy and efficiency, as to 
their necessity, and as to their proper location. 

Section 2. The board shall hold one or more public 
hearings in the city of Taunton, and may hold one or more 
public hearings elsewhere, of which the public shall have due 
notice in the public press, and shall report to the general 
court not later than the second Wednesday of January, 
nineteen hundred and fourteen. 

Section 3. The board may expend a sum not exceeding 
five thousand dollars in carrying out the purposes of this 
act. 

Section 4. This act shall take effect upon its passage. 

Approved April 3, 1913. 



Public 
hearings. 



Expenditure. 



Acts, 1913. — Chaps. 434, 435. 363 



An Act relative to statements concerning the em- ChapAS4: 

PLOYMENT OF LEGISLATIVE COUNSEL AND AGENTS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty of chapter three of the Re- r. l. 3, §3o. 
vised Laws is hereby amended by inserting after the word ^™°° 
"legislation", in tlie seventh line, the words: — When such 
expense is included in an employment by annual salary or re- 
tainer, the statement shall specify the amount of the salary 
or retainer apportioned therefor. In case such employ- 
ment is without any such apportionment, then the total 
salary or retainer which includes such services shall be 
stated, — so as to read as follows: — Section 30. Within Employers of 
thirty days after the prorogation of the general court, every counsW'and 
person, corporation or association whose name appears upon statements,'^ 
the dockets so closed, as employers of any legislative counsel ^*''- 
or agent, shall render to the secretary of the commonwealth 
a complete and detailed statement, under oath, of all expenses 
incurred or paid in connection with the employment of 
legislative counsel or agents, or with promoting or opposing 
legislation. When such expense is included in an employment 
by annual salary or retainer, the statement shall specify the 
amount of the salary or retainer apportioned therefor. In 
ease such employment is without any such apportionment, 
then the total salary or retainer which includes such services 
shall be stated. Such statements shall be in such form as 
the secretary of the commonwealth may prescribe and shall 
be open to public inspection. 

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

Approved April 3, 1913. 

An Act relative to actions for libel. Chav 435 

Be it enacted, etc., as follows: 

Section four of chapter two hundred and two of the Re- r. l. 202, § 4, 
vised Laws, as amended by chapter four hundred and six ^tc, amended, 
of the acts of the year nineteen hundred and two, is hereby 
further amended by striking out the words "or libel", in 
the third line, and by adding at the end thereof the words: — 
and actions for libel shall be commenced witliin one year 
next after the cause of action accrues, — so as to read as 
follows : — Section 4.. Actions for assault and battery, for certain actions 
false imprisonment, for slander, actions against executors, menced'within 



364 Acts, 1913. — Chaps. 436, 437, 438. 

two years after administrators, guardians, trustees, sheriffs, deputy sheriffs, 

cause of , , ° • • i r i i • 

action accrues, constables OF assiguces in insolvency, for the taking or con- 
version of personal property, and actions of tort for injuries 
to the person against counties, cities and towns, shall be 
commenced only within two j^ears next after the cause of 
action accrues; and actions for libel shall be commenced 
within one year next after the cause of action accrues. 

Approved April 3, 1913. 

ChapASQ An Act to establish the salary of granville e. green- 

OUGH, ENGINEER AT THE STATE PRISON. 

Be it enacted, etc., as follows: 

esuabLhed. Section 1. The salary of Granville E. Greenough, en- 

gineer at the state prison, shall be eighteen hundred dollars 
a year. 

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

Approved April 3, 1913. 

Chap. 437 An Act making an appropriation for the care and 
maintenance of boulevards and parkways in charge 
OF the metropolitan park commission. 

Be it enacted, etc., as follows: 

4rretc"!*of°°' Section 1. A sum not exceeding two hundred eight 
and^arklva s ^^lousand uiuc huudrcd eleven dollars and sixty-two cents is 
hereby appropriated for the care and maintenance of boule- 
vards and parkways in charge of the metropolitan park com- 
mission, during the fiscal year ending on the thirtieth day of 
November, nineteen hundred and thirteen, one half of this 
amount to be paid out of the ordinary revenue and the other 
half to be assessed upon the metropolitan district. 

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

Ajyproved April 3, 1913. 

Chap.A^H An Act to authorize the city of fall river to acquire 
and rent suitable structures for a municipal market. 

Be it enacted, etc., as follows: 

Sl^er^m^y" Section 1. The city of Fall River is hereby authorized 



land ft" f r ^^ ^^^^ lun^d and buildings, or to acquire the same by pur 
tures for use as a municipal market 



a municipal chasc or othcrwisc, or to build structures on land owned or 
acquired by the said city, and to rent any such land or struc- 



Acts, 1913. — Chaps. 439, 440. 365 

Section 2. The damages occasioned by the taking of damages, 
lands, easements 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 be submitted to the voters of ^Jb^tted ^ 
the city of Fall River at the state election in the current year, 'voters. 
and shall take effect upon its acceptance by a majority of 
the voters voting thereon. The question shall be submitted 
in the following form : — " Shall the city of Fall River acquire 
and rent suitable structures for a municipal market?" 

Approved April 3, 1913. 



ChapA39 



etc., amended. 



An Act relative to the penalty for using dynamite 

OR POISONOUS substances FOR TAKING OR KILLING FISH. 

Be it enacted, etc., as follows: 

Section one hundred and thirty-three of chapter ninety- R. \9h ^m. 
one of the Revised Laws, as amended by chapter two hundred 
and forty-six of the acts of the year nineteen hundred and 
three, is hereby further amended by striking out the words 
"forfeit ten dollars", in the sixth line, and inserting in 
place thereof the words : — be punished by a fine not exceed- 
ing five hundred dollars or by imprisonment for a term not 
exceeding one year, — so as to read as follows: — Section 133. Penalty for 

1 • J" 1 taking or 

Whoever puts or throws nito anv waters for tJie purpose kiUmg fish 

*^ DV IISG of 

of taking or destroying fish therein any poisonous substance, poison or 
simple, mixed or compound, or whoever kills or destroys ^^p""'"'®^- 
fish by the use of dynamite or other explosive, or explodes 
dynamite or powder in fishing waters, shall be punished by 
a fine not exceeding five hundred dollars or by imprisonment 
for a term not exceeding one year for each offence : provided, proviso. 
however, that the provisions of this act shall not apply to 
operations of the federal government, of the state govern- 
ment, or of any municipal government in this commonwealth, 
nor to the use of explosives for raising the body of a drowned 
person. Approved April 3, 1913. 

An Act relative to the rate of taxation in the city qjiq^jj 44Q 

OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. The taxes assessed on property in the city Determina- 
of Salem exclusive of the state tax, the county tax and the of°taxationin 
sums required by law to be raised on account of the city debt safem*fof the 

year 1913. 



366 



Acts, 1913. — Chaps. 441, 442. 



may, for the year nineteen hundred and thirteen, amount to 
a sum not exceeding fourteen dollars on each one thou- 
sand dollars of the assessors' valuation of the taxable prop- 
erty therein for the year nineteen hundred and twelve, 
the said valuation being first reduced by the amount of all 
abatements thereon previous to the thirty-first day of 
December in the year nineteen hundred and twelve, subject 
to the provisions of section fifty-four of chapter twelve of 
the Revised Laws and of acts in addition thereto and in 
amendment thereof. 
Section 2. This act shall take effect upon its passage. 

Ajjprovcd April 3, 1913. 



ChapA4:l An Act relative to the lighting of halls in three- 
apartment HOUSES in towns. 

Be it enacted, etc., as folloivs: 

Section 1. The proxisions of chapter six hundred and 
thirty-five of the acts of the year nineteen hundred and 
twelve, so far as they relate to the lighting of halls in tene- 
ment houses in towns, shall not apply to three-apartment 
houses, so-called, which are provided with push buttons 
with a three-point switch for timiing on or off the electric 
lights in the halls of the said apartments when it is necessary 
to use the stairway therein. 

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

Approved April 3, 1913. 



Provisions of 
law relative 
to lighting of 
halls in tene- 
ment houses 
not to apply 
to certain 
apartment 
houses. 



ChapA4:2 An Act relative to the support of the Marlborough 

HOSPITAL BY THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty of the acts of the year eighteen 
hundred and ninety is hereby amended by striking out 
section six and inserting in place thereof the f ollov/ing : — 
Section 6. The city of Marlborough is hereby authorized 
to raise by taxation a sum of money not exceeding three 
thousand dollars a year, and to appropriate the same toward 
the support and maintenance of the said hospital. 

Section 2. This act shall be submitted to the voters of 
the city of Marlborough at the state election in the current 
year, and shall take effect upon its acceptance by a majority 
of the voters voting thereon, otherwise it shall not take effect. 

Approved April 3, 1913. 



1890, 60, § 
amended. 



City may 
raise money 
for support 
of hospital. 



Act to be 
submitted to 
voters. 



Acts, 1913. — Chaps. 443, 444. 367 



An Act relative to rewarding certain veteran sol- (JJiqj) 443 

DIERS and sailors OF THE CIVIL WAR. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter seven hundred and 1912, 702 §2, 

„ , , •11111 amended. 

two 01 the acts or the year nineteen hundred and twelve 
is hereby amended by inserting after the word "war", in 
the sixth hue, the words: — or who served in the army or 
navy of the United States during the civil war and was an 
actual bona fide resident of the commonwealth at the time 
of his enlistment, or who served in a military organization 
from or raised by the commonwealth, — so as to read as 
follows : : — Section 2. The gratuity herein provided for Persons to 
shall be paid to every person, or his legal representative, not shafuJ pmu^ 
being a conscript or a substitute, and not ha\dng received a 
bounty from the commonwealth or from any city or town 
therein, who served in the army or na\y of the United States 
to the credit of the commonwealth dm"ing the civil war, 
or who served in the army or navy of the United States dur- 
ing the civil wfir and was an actual bona fide resident of 
the commonwe; 'th at the time of his enlistment, or who 
served in a military organization from or raised by the com- 
monweiilth, and A\'as honorably discharged from such service, 
and is living at t'le time of the passage of this act; it being 
intended and pre "ded that the said gift shall not be a bounty, 
nor a payment in qualization o