^
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 of bounties, nor a payment for
services rendered, nor a payment for the purpose of making
the result of their contracts of enlistment more favorable to
them because the contracts of other soldiers were on better
terms, but a testimonial for meritorious service such as the
commonwealth may rightly give, and such as her sons may
honorably accept and receive.
Section 2. This act shall take effect upon its passage.
Approved April 3, 1013.
An Act relative to the state board of conciliation fhnj. aaa
AND ARBITRATION.
Be it enacted, etc., as follows:
Chapter five hundred and fourteen of the acts of the year 1909, 514, § 15.
nineteen hundred and nine is hereby amended by striking ^i^endcd.
out section fifteen and inserting in place thereof the follow-
ing: — • Section 15. In all cases of investigation and inquiries Attendance of
made by the board, and in all proceedings before it, any witnesses, etc.
368
Acts, 1913. — Chap. 445.
member thereof may summon witnesses and may administer
oaths and take testimony. The fees of such witnesses for
attendance and travel shall be the same as in the case of
witnesses before the superior court. Each witness shall
certify in writing the amount of his travel and attendance,
and the amount due to him shall be paid forthwith by the
board, for which purpose the board may have money ad-
vanced to it from the treasury of the commonwealth as pro-
vided in section thirty-five of chapter six of the Revised
Laws, as amended by section one of chapter three hundred
and sixty-nine of the acts of the year nineteen hundred and
five. Approved April 3, 1913.
1911. 751,
Part II, § 11,
etc., amended.
Chap. 4:4:5 An Act relative to the amount to be paid under the
workmen's compensation act in cases of certain
SPECIFIED injuries.
Be it enacted, etc., as follows:
Section 1. Section eleven of Part II of chapter seven
hundred and fifty-one of the acts of the year nineteen hun-
dred and eleven, as amended by section two of chapter five
hundred and seventy-one of the acts of the year nineteen
hundred and twelve, is hereby further amended by adding
at the end thereof the following: — (e) The additional
amounts provided for in this section in case of the loss of
a hand, foot, thumb, finger or toe shall also be paid for the
number of weeks above specified, in case the injury is such
that the hand, foot, thumb, finger or toe is not lost but is so
injured as to be incapable of use: provided, that when the
incapacity ceases the said additional payment shall also
cease, — so as to read as follows: — Section 11. In case of
the following specified injuries the amounts hereinafter named
shall be paid in addition to all other compensation:
(a) For the loss by severance of both hands at or above
the wrist, or both feet at or above the ankle, or the loss of
one hand and one foot, or the reduction to one tenth of normal
vision in both eyes with glasses, one half of the average
weekly wages of the injured person, but not more than ten
dollars nor less than four dollars a week, for a period of one
hundred weeks.
(h) For the loss by severance of either hand at or above
the wrist, or either foot at or above the ankle, or the reduc-
tion to one tenth of normal vision in either eye with glasses,
one half the average weekly wages of the injured person,
Compensation
in case of
certain spec-
ified injuries.
Acts, 1913. — Chaps. 446, 447. 369
but not more than ten dollars nor less than four dollars a week,
for a period of fifty weeks.
(c) For the loss by severance at or above the second joint
of two or more fingers, including thumbs, or toes, one half
the average weekly wages of the injured person, but not
more than ten dollars nor less than four dollars a week, for a
period of twenty-five weeks.
(d) For the loss by severance of at least one phalange of
a finger, thumb, or toe, one half the average weekly wages of
the injm-ed person, but not more than ten dollars nor less
than four dollars a week, for a period of twelve weeks.
(e) The additional amounts provided for in this section
in case of the loss of a hand, foot, thumb, finger or toe shall
also be paid for the number of weeks above specified, in
case the injury is such that the liand, foot, thumb, finger or
toe is not lost but is so injured as to be incapable of use:
provided, that when the incapacity ceases the said additional
payment shall also cease.
Section 2. This act shall take effect upon its passage.
Approved April 7, 1913.
Proviso.
C/iap.446
An Act to authorize the appointment of a seventh
assistant clerk of the municipal court of the city
of boston for criminal business.
Be it enacted, etc., as follows:
There shall be appointed in the manner provided by seventh
law for the appointment of assistant clerks of the municipal dirk o?
court of the city of Boston, a seventh assistant clerk of said rourt'^or
coiu-t for criminal business, who shall receive from the appointment. 
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