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

GENERAL ACTS 



PASSED BV THE 



deneral (^mxi of JUas^atksdts, 



IN THE VEAR 



1915, 



TOGETHER WITH 

THE CONSTITUTION, LIST OF THE OFFICERS OF THE 

CIVIL GOVERNMENT, TABLES SHOWING CHANGES 

IN THE GENERAL STATUTES, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

32 DERNE STREET. 

1915. 



A CONSTITUTION 



FORM OF GOVERNMENT 



®l|f (dnmimittmpaltli of MnssntlpxBStts 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body government 
politic, to protect it, and to furnish the individuals Avho 
compose it "svith the power of enjo3dng in safety and tran- 
quillity their natui*al rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

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

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



CONSTITUTION OF THE 

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



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 
Protectiou 
therein. 
2 Oush. 104. 
12 AUen, 129. 



Amendments, 
Art. XI Bubstl- 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



PAET THE FIRST. 

A Declaration of the llights of the Inhabitants of the 
Commonwealth of 3fassachusetts. 

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

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 his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 

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



COMMONWEALTH OF MASSACHUSETTS. 5 

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

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

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

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

And every denomination of Christians, demeaning them- Aiidenomina- 
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 °notherp'vV.° 
shall ever be established by law.] hibited. 

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

-,..■,(. . I 1 /• government 

and exclusive right oi 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, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^/aiTo"S"5 
being derived from them, the several magistrates and etc 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, services ren. 
have any other title to obtain advantages, or particular pfiiTncbemg 
and exclusive privileges, distinct from those of the com- *cunir J.n'vi-*' 
munity, than what arises from the considei-ation of ser- [^fy*'^,]^i^.e^'^a'e 
vices rendered to the public: and this title being in ab-^urdand 

T i 'Mij^ I'll unnatural. 

nature neither hereditary, nor transmissible to children, 



6 CONSTITUTION OF THE 

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

ernmentf rfght ^^H' Grovemment is instituted for the common good ; 
°ns?uu?eVnd ^^r the protcctlou, safety, prosperity, and happiness of the 
change it. pcoplc ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestable, unalienable, and inde- 
feasible right to institute government; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 
to'fecurerou^-^^ VIII. In ordcr to prevent those who are vested with 
tion in office. authoHty from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by their frame of government, to cause their 
public officers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments, 
quaii4^fu8^ IX. All elections ought to be free ; and all the inhab- 
equ^ii^^^ii^bie itants of this commonwealth, having such qualifications as 
tr^efinition'of ^^^J ^^^11 cstablish by their frame of government, have an 
sel^K'sect ^^^^^ "^^* *° ^*^^t officers, and to be elected, for public 

2, Art. II. emplo VmentS . 122 Mass. 595, 596. 

ttofan°iJuTof ^- Each individual of the society has a right to be 
coneiatlve." Protected by it in the enjoyment of his life, liberty, and 
Taxation propert}^ according to standing laws. He is obliged, con- 

coS.'"' sequently, to contribute his share to the expense of this 
rinck.«?^* protection ; to give his personal service, or an equivalent, 
L'pkii m 467 ^'^^^" necessary : but no part of the property of any indi- 
^ rick 366 ^'i^^^l can, with justice, be taken from him, or applied to 
7 Met. 388. ' pubHc uscs, without his own consent, or that of the repre- 
7 Gray', 363: scutativc body of the people. In fine, the people of this 
"ilien/i^^.* commonwealth are not controllable by any other laws 
4 Allen, 474. than thosc to which their constitutional representative 
eru-'i^otC^'; ^5ody have given their consent. And whenever the pub- 
^serJrth^ut'" ^''' exigencies require that the property of any individual 
?e'e amend. ^^^uld be appropriated to public uses, he shall receive a 
ments, Art. reasonable compensation therefor. 

XXXIX. '■ 

6 Uiish. 327. 1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass 50 52 

14 Gray, 155. 11 Allen, 530. 106 Mass. 3.56, 362. 116 Mass. 463. 358 363 410 4't? 

13 Gray, 417, 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441 129 Mass 559 

431. 100 Mass. 544, 560, 111 Mass. 13o! ass. *^o, ^i. izy Mass. o&9. 

recXseto'tL ^I, E Very subjcct of the common Wealth ought to find 

iom'pret^eVnT' ^ certain remedy, by having recourse to the laws, for all 

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

property, or character. He ought to obtain right and 



COMMONWEALTH OF IVlASSACHUSETTS. 7 

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

XII. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially 8 Pick. 211. 
and formally, described to him ; or be compelled to accuse, is pick'. 434. 
or fiu-nish evidence against himself. And every subject f^H^i^^' 
shall have a right to produce all proofs that may be favor- i^(£a^,^i^*^^' 
able to him ; to meet the witnesses ao-ainst him face to face, & Gray', leo. 

. . ^ . .8 Gray 329 

and to be fully heard in his defence by himself, or his 10 Gray, 11." 
counsel, at his election. And no subject shall be arrested, 2 Aiira^/sei.' 
imprisoned, despoiled, or deprived of his propert}^ immu- 24ot2w°'439^~ 
nities, or privileges, put out of the protection of the law, jP'^ugn j^q 
exiled, or deprived of his life, liberty, or estate, but by the 97 Mass. 570, 
judgment of his peers, or the law of the land. looMass. 287, 

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

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

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

o . . "^ . , oy jury in 

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

CXCGDt Gtc 

exceptino- for the government of the army and navy, with- s Grav, 329, 373. 

. !: • lu • 103 Mass. 418. 

out trial by jurj^ 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the great- ?ic°inity!° *^^ - 
est securities of the life, liberty, and property of the liiM^agg^^ei 62. 
citizen . 

XrV. Every subiect has a right to be secure from all Right of search 

•^•^ .c? and seizure 

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

, , . J 11 1 • • All > Const, of U. S., 

houses, his papers, and all his possessions. All warrants, Amend'tiv. 
therefore, are contrary to this right, if the cause or founda- Bcush.seb. 
tion of them be not previously supported by oath or affir- l3*Griy,^454. 
mation, and if the order in the warrant to a civil officer, to joo'Mars ^Te 
make search in suspected places, or to arrest one or more 139. 

-, ^ V , . , 12b Mass. 269, 

suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in cases in eJciptfeTc"^*^* 
which it has heretofore been otherways used and practised, Amend°t vil'' 
the parties have a right to a trial b}' jury ; and this method 2 Pjck. 382. 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 
on the hio^h seas, and such as relate to mariners' wages, iiAuVn, 574, 
the legislature shall hereafter find it necessary to alter it. 102 Mass. 45,47. 

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



CONSTITUTION OF THE 



Liberty of the 
press." 



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



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



Power to Biis- 
peud the laws 
or their execu- 
tion. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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

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

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

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 

,-1 ' . t? 11 ii'ii ii 1 laws prohibited. 

the existence ot such laws, and Avhicii have not been de- 12 Alien, 421, 
clared crimes by preceding laws, are unjust, oppressive, ■*-*> ■^2^' ^^• 
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- treasSn'^etc. 
lature. 

XXVI. No magistrate or court of law shall demand oSSnd''' 
excessive bail or sureties, mipose excessive fines, or inflict cmei punish. 

-, . , ments, pro- 

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

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 houfe^unie^t^^ 
in time of war, such quarters ought not to be made but *^**'* 
by the civil magistrate, in a manner ordained b}^ the legis- 
lature . 

XXVIII. No person can in any case be subject to law- citizens exempt 
martial, or to an}- penalties or pains, by virtue of that law, tiai, uniegT,%tc. 
except those employed in the army or navy, and except 

the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights Judges of su. 
of eveiy individual, his life, liberty, property, and charac- coun? ^'''''''*'*^ 
ter, that there be an impartial interpretation of the laws, lQr^i,^Ih. 
and administration of justice. It is the right of every ^;|}[|^'^^^- 
citizen to be tried by judges as fi-ee, impartial, and inde- w5Ma8's.2i9, 
pendent as the lot of humanity will admit. It is, therefore, Temlre'of their 
not only the best policy, but for the security of the rights ° °^' 

of the people, and of every citizen, that the judges of the 
supreme judicial coiu't should hold their offices as long as 
the}^ behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing saiariea. 
laAvs. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ci^-urauTie^^s.'' 
and judicial powers, or either of them : the executive shall mentsf^^'"^' 
never exercise the legislative and judicial poAvers, or either .7^\\e^" g'/i' 
of them : the judicial shall never exercise the legislative ^ Aiien',247,253. 
and executive powers, or either of them: to the end it 2S6. 

1 J. J? 1 1 i i» 11-1 Mass. 247, 

may be a government or laws and not 01 men. 249. 

116 Mass. 317. 129 Maes. 559. 



10 



CONSTITUTION OF THE 



PART THE SECOND. 

The Frame of Government. 

™itic^ '"'**' "^^^ people, inhabiting the territory formerly called the 

Province of Massachusetts Bay, do hereby solemnly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Co]M]MO^^vvEALTH of Massachusetts. 



CHAPTER I. 



Legislative 
department. 



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



Governor's 

veto. 

99 Mass. 636. 



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



THE LEGISLATIVE POWER. 

Section I. 

The General Court , 

Aeticle 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 tlie 
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. 

11. 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, 



COMMONWEALTH OF IVIASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, if any bill in case of ad- 
or resolve shall not be returned by the governor within the'ge"ierai° 
live days after it shall have been presented, the same shall the five day", 

have the force of a law. 3 Mass. 567. mliTt^Art.I. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and jTidLatories" 
com-ts of record, or other courts, to be held in the name o^dTetc.* "^^"^ 
of the commonwealth, for the hearing, trying, and deter- i.2*Gray'^i47 
mining of all manner of crimes, offences, pleas, processes, 154. 
plaints, actions, matters, causes, and things, whatsoever, 
ari.sing or happening within the cormnonwealth, or between 

or concerning persons inhabiting, or residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which courts and judicatories are hereby oiven and courts etc. 

•' J rs ^ may administer 

granted full power and authority, from time to tune, to oaths. 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them . 

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

, / 1 J ,1 • T 1 V V !• j" may enact laws, 

given and granted to the said general coiu't, trom tune to etc. 
time to make, ordain, and establish, all manner of whole- 4AiSn',473. 
some and reasonable orders, laws, statutes, and ordinances, 237^^^°' "^^' 
directions and instructions, either with penalties or with- 100 Mass. 544. 
out; so as the same be not repugnant or contrary to this iis Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government repu'^,^ant to * 
and ordering thereof, and of the subjects of the same, and g^luen^'^sss''""' 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 

fi-l 1 ^ ,1 . 1 ,.T n • •! /32 for the election 

xed laws tor the naming and settling, all civil oiiicers or appointment 

within the said commonwealth, the election and consti- ii5°Ma8s?6o-2. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thrir^Suel*!"''^ 
duties, ])owers, and limits, of the several ci^dl 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 
may impose 
taxes, etc. 
See Amend- 
ments, Art. 
XLI. 

12 Mass. 252. 
.5 Allen, 42S. 
6 Allen,. 558. 
8 Allen, 247. 253. 

10 Allen. 235. 

11 Allen, 268. 

12 Allen, 77, 223, 
235, 238, 240, 
208, 300, 312, 
313,500,612. 

98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
.585. 

103 Mass. 267. 

114 Mass, 388, 

.391. 

116 Mass. 461. 

lis Mass. 386, 

.389. 

123 Mass. 493, 

495. 

127'Mass. 413. 

may impose 
tax3s, etc., to be 
disponed of for 
defence, protec- 
tion, etc. 
8 Allen, 247, 256. 
Valuation of 
estates once in 
ten years, at 
least, while, etc. 
8 Allen, 247. 
126 Mass. 547. 



this constitution ; . and to impose and levy proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates Ijino^, 
Avithin the said commonwealth ; and also to impose and 
lev}'^ reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates, in the 
manner that has hitherto been practised, in order that 
such assessments may be made with equalit}^ there shall 
be a valuation of estates within the commonwealth, taken 
anew once in everj^ ten years at least, and as much oftener 
as the general court shall order. 

For the authority of the general court to charter cities, see amendments. Art. U. 
For the state wide referendum on bills and resolves of the general court, see 
amendments, Art. XLII. 



CHAPTER I. 



Senate, number 
of, and by 
whom elected. 
Superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments, 
Art. XXII. 



For provision as 
to councillors, 
see amend- 
ments, xirt. 
XVI. 



Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
(|ualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election : to be chosen by the inhabitants of the districts 
into which the commonwealth ma^^, from time to time, be 
divided by the general court for that pm'pose : and the 
general court, in assigning the numbers to be elected b}" 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than rhir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, dutrict^, imti!, 
until the o-eneral court shall determine it necessary to etc 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, tlu-ee ; Barnstable, one ; 
Bristol, tlrree ; York, two ; Dukes Comity and Nantucket, 
one ; Worcester, five : Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

II. The senate shall be the first branch of the legislat- Jf^^Xhoosing 
ure : and the senators shall be chosen in the following man- senators and 

councillors, oGG 

ner, viz. : there shall be a meeting on the [first Monday in amendments, 
April,] annually, forever, of the inhabitants of each town xv!' as'^" 
in the several counties of this commonwealth ; to be called amendmeX, 
by the selectmen, and warned in due course of law, at ^^''*;.?J.-^j,g ^^^ j^ 
least seven days before the [first Monday in April,] for qualifications of 

^ . L " 1 voters, snper- 

the purpose of electing persons to be senators and coun- sededbyamend- 
cillors ; [and at such meetings every male inhabitant of iii., xx., 
twenty-one years of age and upwards, having a freehold xxx., x'xxi. 
estate within the commonwealth, of the annual income of word"h!habi. 
three pounds, or any estate of the value of sixty pounds, g^e°eris1ffmeud. 
shall have a rioht to o'ive in his vote for the senators for mfite Art 
the district of Avhich he is an inhabitant.] And to remove was annulled by- 
all doubts concerning the meaning of the word " inhabi- i-iVray, 21- 
tant" in this constitution, every person shall be considered 122 Mass. 095, 
as an inhabitant, for the purpose of electing and being- 
elected into an}' 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 seiectmento 

. . . ,, Tin • 1 x- preside at town 

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

Ti 11 11111 ii" amendments, 

the selectmen and the town clerk, and shall be sealed up. Art. u. 
directed to the secretarj^ 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 
tases, maj' 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 Janiiary 
by amendments, 
Art. X. 
W ajority 
changed to 
plurality liy 
ameudraeuts, 
Art. XIV. 



Senate to be 
final judge of 
elections, etc., 



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

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

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in iNIa}'] 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 



of its owu mem- 
bers. 



pointed out in the constitution ; and shall, [on the said 

last Wednesday in Mavl annually, determine and declare Time changed 

- •' *'-',,..'' r-, to first W ednes- 

who are elected by each district to be senators [by a day of January 
majority of votes ; and in case there shall not appear to ufentefArt.x. 
be the full number of senators returned elected by a changed to 
majority of votes for any district, the deficiency shall be ^l^endments 
supplied in the followino- manner, viz, : The members of Art.xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of Jj^^^"^"^^- ^""^ 
senators suiEcient to fill up the vacancies in such district; changed to 
and in this manner all such vacancies shall be filled up in pe%Ae° ^ 
every district of the commonwealth ; and in like manner ment™Art. 
all vacancies in the senate, arising by death, removal out ^^^'^^^■ 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

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

1 pii 1 r»i ni I< or further pro- 

least, or 01 both to the amount oi the same sum, and] who vision as to 

has not been an inhabitant of this commonwealth for the aisoamend-^^ 

space of five years immediately preceding his election, and, xxir.' '^'^*' 

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 thlnTwo^a^s. 
time. 

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

.... re 1 1 i. • -i. 1 -• Its ofljcere and 

point its own omcers, and determine its OAvn rules oi establish its 

1 . rules. 

proceedings. 

Vin. The senate shall be a court with full authority . shaii try aii 
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 impartialh^ 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 



18 



COXSTITUTIOX OF THE 



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



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

IX. [Xot less than sixteen members of the senate 
shall constitute a quormn for doing business.] 



Representation 
of tbe people. 



Kepresenta- 
tives, by whom 
chosen. 
Superseded by 
ameiidiiieuts, 
Arts. XII. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. o23. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
line in case, etc. 



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



Qualilicatious 
of a repre- 
sentative. 



CHAPTER I. 
Section III. 

House of Representatives . 

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

n. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represents 
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 thi'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 
time to tmie to impose fines upon such towns as shall 
neglect to choose and return members to the same, agree- 
ably to this constitution. 

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

in. Every member of the house of representatives 
shall be chosen by 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 right of a free- see amend^"''^' 
hold of the Aalue of one hundred pounds within the town xxl^'^'*' 
he shall be chosen to represent, or any ratable estate to ficauoils aTd" 
the value of two hundred pounds ; and he shall cease to ished by amend 

•Ti 1' • 1 tnentB, Art. 

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

IV. [Every male person, being twenty-one years of Qualifications 
age, and resident in anv particular town in this common- These pro- 

1.1,. ,1 n" , T 1 • visions super- 

wealth tor the space ol one year next preceding, having a sededby 

freehold estate within the said town of the annual income Arte"m!',xx., 

of tlu'ee pounds, or any estate of the value of sixty pounds, xxx^^xxxi 

shall have a right to vote in the choice of a representative andxxxu. 

P - . . ^ See also amend- 

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

V. [The members of the house of representatives shall wasanmiUedby 
be chosen annually in the month of Ma}', ten days at least ^rr^s^ma 
before the last Wednesdav of that month.] tives.when 

-^ chosen. 

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

Art. XV. 

VI. The house of rei)rcsentatives shall be the "rand House aioue 

^,. 1, 111- 1 ^^^ impeach. 

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

VII. All money bills shall orio-inate in the house of House to origi- 

•^ , '^ nate all money 

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

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

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

L- . . •' „ -, . . amendments, 

representatives shall constitute a quorum tor doino: busi- Arts. xxi. and 

^ -, 1 & XXXIII. 

ness.] 

X. The house of representatives shall be the iudo-e of to judge of 

^ rGturns etc, of 

the returns, elections, and qualifications of its own mem- itsown'mem- 
bers, as pointed out in the constitution ; shall choose their its oliicers'anr 
own speaker ; appoint their own officers, and settle the n/iesletc.^'* 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every offences".'" 
person, not a member, who shall be guilty of disrespect i* Gray, 226. 
to the house, b}' any disorderly or contemptuous behavior 
in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



house, in his way in going or returning; or Avho shall 
rescue any person aiTested 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 
assembly. 

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

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



CHAPTER II 



His title. 

To be chosen 
annually. 
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. 

Gover7io7\ 

ARTICLE I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
CojuiviONWEALTH OF MASSACHUSETTS ; and whose title 
shall be — His Excellency. 

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

III. Those persons who 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 pm-pose, on the [first Monday of April] annually, 
give in theii' votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 
in open town meeting, sort and count the votes, and form 



COMMONWEALTH OF MASSACHUSETTS. 10 

a list of the persons voted for, with the nmnber of votes 

for each person against his name ; and shall make a fau" 

record of the same in the town books, and a public decla- As to cities, eee 

ration thereof in the said meetinsf ; and shall, in the pres- Art. ii. 

ence of the inliabitants, 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 Mavl ; and the sheriff shall transmit J^T?^f^^^^^ 

L ^ J J ' to first Wednes- 

the same to the secretary's office, seventeen da3\s at least day of January 
before the said [last Wednesday' in ^lay] ; or the select- ments, Art. x. 
men may cause retiu'ns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
da}'s 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 May], to be by them changed to 
examined ; and in case of an election by a [majority] of all ameudmenL, 
the votes retm*ned, the choice shall be by them declared -^^"^^-^v. 
and published ; but if no person shall have a [majority] of whrn^no^pe'reon 
votes, the house of representatives shall, by ballot, elect ^'^^ =* p^"""^^'-^- 
two out of four persons who had the highest number of 
votes, if so man}' shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of tlio two persons so elected ; on which the 
senate shall jiroceed, by ballot, to elect one, who shall be 
declared governor. 

lY. The governor shall have authority, from time to Power of gov. 
time, at his discretion, to assemble and call together the governor and 
councillors of this commonwealth for the time being ; and *'°"°''' " 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the afiairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

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



20 



CONSTITUTION OF THE 



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

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



Governor to be 
commander-in- 
chief. 



Limitation. 



happening, wliereby 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 Mdthin the state. 

[And the governor shall dissolve the said general com"t 
on the day next preceding the last Wednesday in ]Ma3^] 

VI. In cases of disagreement between the two houses, 
with regard to the necessity, expedienc}^ or tune of ad- 
journment or prorogation, the governor, with advice of 
the council, shall have a right to adjourn or prorogue 
the o'eneral court, not exceedino- ninetv davs, as he shall 
determine the public good shall requu*e. 

Vn. The governor of this commonwealth, for the time 
being, shall be the commander-in-cliief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safet}^ of the 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, sla}^ and destroy, if necessarj'", and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the- 
law-martial, in time of war or invasion, and also in tmie 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily requu'e ; 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 tmie 
hereafter, by virtue of any power b}^ this constitution 



COMMONWEALTH OF MASSACHUSETTS. 21 

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

VIII. The power of pardoning oft'ences, except such Governor and 

1 • J 1 1^ 1 /' ji J 1 council may 

as persons may be convicted ot betore 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 party pleading the same, But not before 
notwithstanding any general or particular expressions 109 Maes. 323. 
contained therein, descriptive of the ofience or oftences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial offi- 
solicitor-general, [all sheriils.] coroners, [and registers of nominated a°n^ 
probate,] shall be nominated and appointed by the gov- j^?°provuion8 
ernor, by and Avith the advice and consent of the council ; of aUOTnc\°° 
and every such nomination shall be made by the orovernor, general, see 

-,-,-, -, . ■, P amendments, 

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

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

X. The captains and subalterns of the militia shall be Mintia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of thek- respective companies, [of twenty-one years bfVmend^-""* 
of age and upwards ;] the field officers of regiments shall ™ents,Art. \. 
be elected by the written votes of the captains and sul^al- 

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 time Election of 
and manner of convening the electors, and of collect- ° 
ing votes, and of certifying to the governor, the officers 
elected. 

The maior-ffenerals shall be appointed by the senate and Major-generals, 

•'C5 _ 11^ ^ ^ how appointed 

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

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

And if the electors of brigadiers, field officers, captains vacancies, huw 
or subalterns, shall neglect or refuse to make such elec- etc. 



2-2 



CONSTITUTIOX OF THP: 



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



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



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



All public 
boards, etc., to 
make quarterly 

returns. 



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

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

The commanding officers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals 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 conunon- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

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

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

XII. All public boards, the commissary-general, all 
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}' three months, ofBcially, and without requisition, 
and at other times, when required by the governor, dehver 
to hun an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantit}^ 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 MASSACHUSETTS. 23 

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

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

XIII. As the public good recjuires that the governor salary of 
should not be under the undue influence of any of the governor. 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- ^ 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, ampl}^ sufii- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- salaries of jus- 
lished by laAv for the justices of the supreme judicial court, judicial court. 

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



CHAPTER IT. 
Section II. 

Lie^denant- Governor . 

Article I. There shall be annually elected a lieu- ueutenant- 
tenant-governor of the commonwealth of Massachusetts, rnhfand'^quan- 
whose title shall be — His Honor; and who shall be jJ^tLdmentt'' 
<iualified, in point of [re hgion,] [property,] and residence xxxrv""'*"*^ 
in the commonwealth, in the same manner with the gov- 
ernor ; and the daj' 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/urauty p'^o- 
be found to have a maioritv of all the votes returned, the videdforby 

J v ' amendments, 

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



24 



CONSTITUTION OF THE 



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



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



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

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
always be a member of the council, except when the chair 
of the governor shall be vacant. 

III. Whenever the chair of the oovernor shall l^e 
vacant, b}^ reason of his death, or absence from the com- 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this con- 
stitution the governor is vested with, when personally 
present. 



Councih 
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 Electiom^ hij tlif- Lf^fjif^- 

lature. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 25 

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

IV. rXot more than two councillors shall be chosen ko district to 

,, '- T , . J <• i 1 . 1 j^i -1 have more than 

out ot any one district oi this commonwealtn. J two. 

Superseded by amendments, Art. XVI. 

Y; The resolutions and advice of the council shall be Kegisterof 
recorded in a register, and signed by the members present ; 
and this record may be called for at any time by either 
house of the legislatui'e ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

YI. Whenever the office of the governor and lieuten- councu to exer. 
ant^governor shall be vacant, by reason of death, absence, o/governoMn 
or otherwise, then the council, or the major part of them, ^ase.etc. 
shall, during such vacancy, have full power and authority 
to do, and execute, all and eveiy such 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 present. 

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesday in May ami u- untli.^erc™^ 
ally, by the two houses of the legislatm^e, may not be 
completed on that day, the said elections may be adjourned 
from day to da}- until the same shall be completed. And gyJlrsedeTby 
the order of elections shall be as follows : the vacancies in amendments, 

• r> 1 11 r' 1 r«n 1 ii Arts. A vT!. and 

the senate, ii an}^ shall nrst be tilled up ; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them b}^ the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Section IV. 

Secretari/, Treasurer^ Commissary, etc. 

Article I, [The secretary, treasurer and receiver- secretary, etc , 
general, and the commissar^^-general, notaries public, and] iiowJii^eV 
naval officers, shall be chosen annually, by joint ballot of to°eiectioi?of ^^ 
the senators and representatives in one room. And, that ,7refand I'e-^"^' 
the citizens of this commonwealth mav be assured, from ceiyergenerai, 

. ^. . anaauoitorana 

time to time, that the monevs remaining m the public attomey-gen. 

, , ' IT • 1 '^- c- i\ 1 eral, see amend- 

treasury, upon the settlement and iKjuidation ot the pub- ments. Art. 



2(3 



COXSTITUTIOX 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-aeneral more than five years 
successively. 

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 sliall be accountable : and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or bv his deputies, as they shall 
respectively require . 



CHAPTER III. 



Tenure of all 
commissioned 
ofhcers 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. 5o7, 
561. 

Justices of the 
peace: tenure 
of their office. ' 
3 Gush. 584. 



For removal of 
justices of the 
peace, see 
amendments, 
Art. XXXVII. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POAVER. 

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

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

III. In order that the people may not suft'er from the 
long continuance in place of any justice of the peace who 
shall tail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their- respective dates ; and, upon the expira- 
tion of any commission, the same 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 theu' 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 res|)ectiAe judges shall du'ect. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^j^orc^g^Md 
all appeals from the judges of probate, shall be heard and ^["3°°^;,, 
determined by the governor and council, until the legis- visions made 
lature shall, by law, make other provision. 105 Mass. 327. 

^ 116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

TThe deleo-ates of this commonwealth to the congress of Delegates to 

I— *~* " coDfirrsss, 

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



CHAPTER V. 

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

Section I. 

T/ie Unwersitt/. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the j^ear one thousand six hundred and thirty-six, ^°"®^*- 
laid the foundation of Plarvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public 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, privi- 
Harvard College, in theu* corporate capacity, and Ihl'^prlsfdent 
their successors in that capacity, their officers and ser- cSnfira^.^' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they now have, or are entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc., 
confirmed. 



Who shall be 
overseers. 

See Statutes, 

1851, 224. 

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



Power of altera- 
tion reserved to 
the legislature. 



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

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

III. And whereas, b}^ an act of the general court of 
the colony of Massachusetts Ba}^ passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, con- 
stituted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall bo construed to pre- 
vent the leo-islature of this commonwealth from making 
such alterations in the government of the said universit}^ 
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 Y. 

Section H. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diflused gen- Dutyofieguiat- 
erally among the body of the people, being necessary for istrntesln^lf" 
the preservation of their rights and liberties ; and as these p'Jl^^furthenlro- 
depend on spreading the oi^portunities and advantao-es of virions as to 

i..^ o li O public schools, 

cdacation in the various parts or the country, and amono- see amend- 

~ merits Art. 

the ditierent orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all futm-e periods of 503^^^°' ''"*'" 
this commonwealth, to cherish the interests of literature ws Mass. 94,97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agricultiu"e, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
genei*al benevolence, public and private charity, industry 
and fi'ugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

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

Article I. [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 Clii'istian reli- -^^oiished. see 

' . . . amendments, 

gion, and have a nrm persuasion 01 its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the propert}'^ 
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. 



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

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or commis- 
sioned to any judicial, executive, miUtary, 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 folio ^ving declaration, and oaths or affirmations, 



VIZ. 



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



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



[" I, A. B., do 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 
mil defend the same against traitorous conspu*acies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jm^isdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spmtual, within this com- 
monwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further testif)^ 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 



COMMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking tlie said 
()ath[s], he shall make his affirmation in the foregoing- 
form, and subscribe the same, omitting the words, ["/c^o 
sivear," " and abjure," " oath or," " and ahjurafion," in the 
first oath, and in the second oath, the words] ''swear 
and," and [in each of them] the words " So helj) me, 
God;" subjoining instead thereof, " This I do under the 
pains and 2:>enalties of perjury" 

And the said oaths or affirmations shall be taken and SirmaUon., 
subscribed by the governor, lieutenant-governor, and coun- ^°;;^^<^'^'°'"- 
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. 

n. No governor, lieutenant-governor, or judge of the P^J^f *J;«* 
suDreme iudicial court, shall hold any other office or place, hibued to gov- 

ir .1 _ rt , . lii i. \ ernor, etc., 

under the authority of this commonwealth, except such a;? except, etc. 
by this constitution they are admitted to hold, saving that ^^l^^^^l^i 
the judges of the said court may hold the offices of justices vm. 
of the peace thi-ough the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever.^ 

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

No person holdins: tlie office of judge of the supreme incompatible 
judicial com't — secretary — attorney-general — solicitor- For further pro- 
general — treasurer or receiver-general — judge of probate ^co°mpatibie 

— commissary-ijeneral — [president, professor, or instruc- °®^^^dm^f,t,, 
tor of Harvard College] — sheriff— clerk of the house of '^^. viii. ^^^ 
representatives — register of probate — register of deeds ^f^^ coUe^ge 

— clerk of the supreme iudicial court — clerk of the infe- ameiKimentg, 

^ -I rr' J? J.1 4. Art. XA\ II. 

rior court of common pleas — or officer ot the customs, 
including in this description naval officers — shall at the 



3.2 



COXSTITUTIOX OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 

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



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. 534. 

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



Benefit of 
liabeaa 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 ease any judge of 
the said supreme judicial court, or judge of probate, l^hal I 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

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

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

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

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

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

VII. The privilege and benefit of the m-it of habeas 
corjms 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 lu-gent and pressing occasions, and for a limited 
time, not exceedinsf twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

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

IX. To the end there may be no failure of justice, or officers of 
dano;er arise to the commonwealth from a chans^e of the ment^'continued 
form of government, all officers, civil and military, hold- "° ' > ^ *=• 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them 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 legislative officers, bodies, and 
powers shall continue in full force, in the enjo}^inent and 
exercise of all their trusts, employments and authority ; 
until the general coiu't, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- Btuutiouf°° 
tions which by any means may be made therein, as well prov^Mon^to 
as to form such alterations as from experience shall be g^^"^™ifd"-**' 
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 prece})ts to the selectmen of the several 

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

And if it shall appear, by the returns made, that two- provision for 
thirds of the qualified voters throughout the state, who 8titution.'^°° 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the 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 



CONSTITUTIOX OF THE 



Provision for 
preserving and 



XI. This form of government shall be enrolled on 

tonethu'tion'"^ parchment, and deposited in the secretar3^'s office, and be 

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

shall be prefixed to the book containing the laws of this 

commonwealth, in all futm'e editions of the said laws. 



Bill, etc., not 
approved within 
tive 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. 



ProviBO. 

112 Mass. 200. 



Qualiftcationsof 
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. 3fi7. 
5 Met. 162, 298, 
591, 594. 



ARTICLES OF AMENDMENT. 

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

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

Art. III. Every male citizen of twentj'-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 Avhich 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, 
b}^ himself, or his parent, master, or guardian, ain^ state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or count}- tax, which shall, within two years next preced- {22^388^^595 
inof such election, have been assessed upon him, in any j9;. ^ 

O ,..,.,. 1111 "124 Mass. 596. 

town or district or this commonwealth ; and also everj^ For educational 
citizen who shall be, by law, exempted from taxation, geeamTnd°"' 
and who shall be, in all other respects, qualified as above FoTpr'o'tlsi^" 
mentioned,] shall have a right to vote in such election of ^ave serTedTn ° 
o'overnor, lieutenant-o-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 

, , . ^ ameudments, 

such election. Arts. xxviii. 

See also amendments, Art. XXTII., which was annulled by amendments, Art. XXVT. 

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

.. • T • 1 /i» " how appointed 

governor m the same manner as judicial oifacers 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 ^^e^^f ^n 
legislature. xxxvn. ' 

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

^ ..1 1 n 1 r !• 1 • offices of secre- 

mon wealth shall become vacant irom any cause, during tary and treas- 
the recess of the general com't, the governor, with the TMs'ciauee^^^" 
advice and consent of the council, shall nominate and aX^Jdmem^^^ 
appoint, under such regulations as may be prescribed Art. xvii. 
by law, a competent and suitable person to such vacant 
office, who shall hold the same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall ge^l^l^majbe 
require the appointment of a commissaiy-general, he shall ^pp°^°j^''' '° 
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 officers, 

, T ^ p^ . , ,11- how removed. 

may be removed from ofuce m such manner as the legis- 
lature may, by law, prescribe. 

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

Art. VL Instead of the oath of allegiance prescribed by'ii/officers^" 
by the constitution, the following oath shall be taken and ^tf vi"^Art i 
subscribed b}^ 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 



COXSTITLTTIOX OF THE 



Proviso. 
Quakers may 
affirm. 



Tests abolished 



Incompatibility 

of offices. 

12-2 Mass. 445, 

600. 

123 Mass. 525. 



Amendments to 
constitution, 
how made. 



Provided, That when any person shall be of the denomi- 
nation called Quakers, and shall decline taking said oath, 
he shall make his affirmation in the foregoing "form, omit- 
ting the word ' ' swear " and inserting, instead thereof, the 
word ' ' affirm," and omitting the words ' ' So help me, God," 
and subjoining, instead thereof, the Avords, "This I do 
under the pains and penalties of perjury." 

Art. VII. No oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
quality them to perform the duties of their respective offices. 

Art. VIII. No judge of any court of this common- 
wealth,^ (except the com-t of sessions,) and no person 
holding any office under the authority of the United 
States, (postmasters excepted,) shall, a"^t the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriff, treasm-er and receiver-general, reo-- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 

Art. IX. If, at any time hereafter, any specific and 
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 i3resent 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 coiu-t 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 



com:^ioxwp:alth of Massachusetts. 37 

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

Art. X. The political year shall begin on the first commencement 
Wednesday of January, instead of the last Wednesday of year, 
May ; and the general court shall assemble every year on 
the' said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be ,,^^^''"^''^- 
dissolved on the day 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 assembling at such other times as 
they shall judge necessary, or when called together by the 
o-overnor. 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 meeting for the choice of governor, lieutenant- ^jf^f j^ff g"'^''" 
governor, senators, and representatives, shall be held on ^rnoMieiuen- 
the second Monday of November in every year; but etc.^ when to' be 
meetino-s may be adiourned, if necessary, for the choice xhisciause 

O ■'. , .1 ^ ' • i. 4-\ 4- supersedea by 

of representatives, to the next day, and again to tne next amendments, 
succeeding day, but no further. But in case a second -^>^•^^• 
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 t^'^'o"\nC^^" 
October, next following the day when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, 'when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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



1-2-2 Mass. 40,41. 



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



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

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

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

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

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
cit}^, town, and district of the commonwealth, on the first 
da}^ of Ma3% shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, Avithin the month of Maj^ 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 havino; three hundred rata- 



COMMONWEALTH OP^ MASSACHUSETTS. 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 Towns having 
shall be represented thus : The whole number of ratable ratabie*poiis, 
polls, at the last preceding decennial census of polls, shall ^enled^.^"^^ 
be multiplied by ten, and the product divided by tln-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/prelent4d^'^ 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as many years, within the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

Anv two or more of the several towns and districts Towns may 

,' j_ I' • • , f jt ^ ^ 1 j_ unite into repre- 

may, by consent ot a majority or the legal voters present sentative dis- 
at a legal meeting, in each of said towns and districts, *"'^*^' 
respectively, called for that purpose, and held previous to 
the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertiiin and determine, The governor 
within the months of July and August, in the year of our detlrmlne'the 
Lord one thousand eight hundred and thirty-seven, accord- re™nta«vlrto' 
ing to the foregoing principles, the number of representa- ^^Ju'^g^'Jititied 
tives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
re})resentative ; and where an}^ town has not a sufficient 
number of polls to elect a representative each year, then, 
how many 3'ears 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 ™n^ceineveo^ ^ 
number of ratable polls in each decennial census of polls, ^^y^^^^- 
sluiU determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district ina.j elect as afore- 
said ; and when the number of representatives to be elected 
bv each city, toAvn, 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 3'ears. 
provL^oM^* ^^^ ^^^e provisions of the existing constitution incon- 

annuiied. sistcut witli the provisions herein contained, are hereby 

AvhoUy annulled.] 
habitant^ to be ^^T. XIII. [A ccusus of the inhabitants of each city 
^d^di^enntaiiy ^"^ toAvn, ou the first day of May, shall be taken, and 
thereafter, for retumod iuto tlic sccrctarj-'s office, on or before the last 
seutation. day of Juuc, of the year one thousand eight hundred and 

Provisions as to ,. j v j. 2.1. mi. rj. 1 • 1 

census super lorty, and ot every tenth year therearter ; which censuia 

ment'i/ArtT"'^ sliaU determine the apportionment of senators and repre- 

xxi.andxxii. .seutativcs for the term of ten years. 122 iiass. 595. 

frlct^sdeciared The scvcral Senatorial districts now existing shall be 

^ro'^sions'as to pcrmancnt. The senate shall consist of forty members;. 

senators super- and in the year one thousand eio-ht hundred and fortv, 

meuts, Art. and cvcrv tenth vear thereafter, the sfovernor and council 

shall assign the number of senators to be chosen in each 

district, according to the number of inhabitants in the 

same. But, in all cases, at least one senator shall be 

assigned to each district. 

sentafiveViww' The mcnibers of the house of representatives shall be 

apportioued. apportioned in the folloAvino- manner : Everv town or citv 

Provisions astoJ^i.. i i t t • i • " i 

representatives Containing twclvc hundred inhabitants may elect one rep- 
amendme^nts/ rcsentative ; and two thousand foiu* hundred inhabitants 
Art. XXI. shall be the mean increasing nmnber, which shall entitle 

it to an additional representative, 
how^repre^*' Evci'v towu Containing less than tAvelve hundred inhab- 

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

times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns ma}'^ also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 
uniTeTnto'*^ Au}'' two or iiiorc of the several towns may, by consent 

districtr*^*^^*^ of a majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectiveh', 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 terra of ten vears ; and 



COMMONWEALTH OF MASSACHUSETTS. 41 

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

The nimiber of inhabitants which shall entitle a town Basis of 
to elect one representative, and the mean increasing num- IZZtT^""^ 
ber which shall entitle a toAvn or city to elect more than ^"^'^^e. 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth sliall be made, respectively, to the said numbers 
above mentioned. 

In the 3^ear of each decennial census, the o-overnor and The governor 

•1 1 II 1 r xi ^ 1 r- r-i j-,vy » v^iiiwi CU11K.L and council to 

council Sliall, betore the hrst day of September, apportion apportion the 
the number of representatives which each citv, town, and re^pres^e'ntatiTes 
representative district is entitled to elect, and ascertain onceinev^ry 
how many years, within ten years, any town may elect a ^^"y^^'^- 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, t'kVpeopfeat'"" 
or as soon thereafter as may be, by the joint ballot of the 'ffi^ionsasto 
senators and representatives, assembled in one room, who counciuors 
shall, as soon as may be, in like manner, fill up any vacan- amendSsy 
cies that may happen in the council, by death, resignation, ^"•^^^• 
or otherwise. No person shall be elected a councillor, Avho Qnaiifications 
has not been an inhabitant of this commonwealth for the °**'°"°""°™- 
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 ^uaii^cation''for 
be required as a qualification for holding a seat in either a "eau'^ngenerai 
branch of the general court, or in the executive council. notrlquir°e™'" 

Art. XIV. In all elections of civil officers bv the Elections by the 
l)cople of this commonwealth, whose election is provided j^uiram^o/''^ 
for by the constitution, the person having the highest num- ^°*^^ ' ^ 
ber of votes shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor, Time of annual 
lieutenant-governor, senators, and representatives, shall ^InoJTnd'if^;"- 

be held on the Tuesday next after the first Monday in ' " 

November, annually ; but in case of a failure to elect rep- 



lature. 



42 COXSTITUTION OF THE 

resentatives on that day, a second meeting sliall be holden, 

for that purpose, on the fourth Monday of the same month 

of November. 

Eight couucii- j^^rj, XVI. Eight councillors shall be annually chosen 

by the people, bv the inhabitants of this commonwealth, qualified to vote 

122 Mass 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 thcrcaftcrwards, shall divide the commonwealth into eisrht 

district state. „ . . ... p 

districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing an}^ town or ward of a city, and each entitled to elect 
one councillor : provided, however, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into fort}^ senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legis- 

defSed.'*^ lature. No person shall be eligible to the office of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 

Dayandman- ^ion. The day and manner of the election, the return of 

ner of election, .-' i i • 

etc. the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor. 

Vacancies, how [^/^Thenever there shall be a failm-e to elect the full num- 

Foruewpio- ^gj. Qf couucillors, the vacancies shall be filled in the same 

vision as to ^ ^ ^ ,^ /./^ii. • ' ^ 

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

amendments, , . '■ . iiifi i/» xiij. 

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 

the government. ' i i • .i • Z- x» xi 

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



COMMONWEALTH OF MASSACHUSETTS. 43 

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

Art. XVH. The secretar}^ treasm^er and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urert'auditoff^' 
annually, on the day in November prescribed for the geuefarby7he 
choice of governor ; and each person then chosen as such, people. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attornej^-general , shall become va- 
cant, from any cause, dm'ing an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor 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 Otherwise oai^ 
after he could otherwise enter upon his duties, to qualify vac^j^t^^"'^'^ 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabi- '^®^'^'"*^- 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the schooi moneys 
towns and cities for the support of public schools, and pued^for sec'ta. 
all moneys which may be appropriated by the state for po^ori'^nit 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTIOX OF THE 



schools, see 

conBtitution, 

Part First, Art. 

UI. 

12 AUen, 500, 

508. 

103 Mass. 94, 96, 



Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. See 
amendments, 
Art. XXXVI. 
8 Gray, 1. 
13 Gray, 74. 



Reading consti- 
tution in 
English and 
writing, neces- 
sary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments, 
Art. III. 
See also amend- 
ments. Art. 
XXIIL, which 
was annulled bj' 
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 eon- 
ducted according to law, under the order and superintend- 
ence of the authorities of the town or city in which the 
mone}^ 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, b}' general 
law, for the election of sheriffs, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

no Mass. 172, 173. 117 Mass. 602, 603. 121'Mass. 65. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : provided, hoiv- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to A'ote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the 3'ear one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
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 speciiy 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 leoislature, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equall}^ as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of disti'icts, as hereinafter 

provided, be considered a part of the county of Plymouth ; 

and it shall be the duty of the secretary of the common- Secretary shaii 

wealth, to certif}^ as soon as may be after it is determined cers' authorized 

by the legislature, the number of representatives to which counuest 

each county shall be entitled, to the board authorized to 

divide each county into representative districts. The 

maj'or and aldermen of the city of Boston, the county 

commissioners of other counties than Suffolk, — or in lieu 

of the mayor and aldermen of the city of Boston, or of the 

county commissioners in each count}' other than Suffolk, 

such board of special commissioners in each county, to 

be elected by the people of the county, or of the towns 

therein, as may for that purpose be provided by law, — 

shall, on the first Tuesdav of August next after each Meeting for 

,. , , • *" J 1 J. T.1 i division to be 

assignment oi representatives to each count}', assemble at first Tuesday 
a shire town of theu* respective counties, and proceed, as pr^e^^ge. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiiflcationsof 
his election, shall have been an inhabitant of the district i22Mll8!^595f*" 
for which he is chosen, and shall cease to represent such ^^^" 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- described 'and 
tion of each, with the nmiibers thereof and the number '^^^^ 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in thek' respective offices. 
The manner of calling and conducting the meetings for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Not less than one Quorum, see 
hundred members of the house of representatives shall ^"^"^Txuj 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn fi'om day to day, 
and compel the attendance of absent members.] 

Art. XXn. A census of the legal voters of each city ^^^^i^^i®**-,, 
and town, on the first dav of May, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to he 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



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

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two 3^ears subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not atfect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

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



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In case of a vacancy in the council, from vacancies in the 
a faiku^e of election, or other cause, the senate and house 
of representatives shall, by conciu^rent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occims, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty third 
of amendment of the constitution of this commonwealth, ame'ndments 
which is as follows, to wit: " No person of foreign birth ^'^I'^^i^^- 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his natiu-a ligation, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not aftect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not aftect 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 Provisions of 
of the constitution of this commonwealth as relates to per- vi.,' relating to 
sons holding the office of president, professor, or instructor vSd'coiieger" 
of Harvard College, is hereby annulled. annuued. 

Art. XXVIII. No person havino; served in the army superseded by 

o ^ ^ Art XXXI. 

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

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

Art. XXX. No person, otherwise qualified to vote in voters not dis- 
elections for governor, lieutenant-governor, senators, and ^^a^n^of "^ 
representatives, shall, by reason of a change of residence dencf untirsli 
within the commonwealth, be disqualified from voting for "^e*of\e™™ai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTIOX OF THE 



Amendments, 
Art. XXVIII. 
amended. 



Person who 
eei ved in army 
or navy, etc., 
not disqnalitied 
from voting for 
non-paj'ment of 
poll tax. 



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



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



Provisions of 
Art. II., § I., 
Chap. II., Part 
II., relative to 
property quali- 
fication of 
governor, 
annulled. 



Provisions of 
Art. II., § 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 sLx 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 paupei'", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said foiu-th line the words " if a pauper", so tha^ 
the^ article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-payment of a poll tax. " 

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

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

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following words : 
"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 returning home, 
once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every mem- 
ber who shall attend as seasonably as he can, in the judg- 



COMMONWEALTH OF MASSACHUSETTS. 49 

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

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

Art. XXXVII. The governor, with the consent of S'ln officers 
the council, may remove justices of the peace and notaries 
pul)lic. 

Art. XXXVIII. Voting machines or other mechanical n^^^hjlgg n^,,y 
devices for votinij- may be used at all elections under such be used at 

ClGCtlOIlS 

regulations as may be prescribed hy law : provided, how- 
ever, that the right of secret voting shall be preserved. 

Art. XXXIX. Article ten of part one of the consti- i^Stme^^" 
tution is hereby amended by addinof to it the folio wins: i'4'?'^^''l°.'^'^®, 

1 rr.1 r • 1 - 1 • 1 . i- ^1 taking of land, 

words : — ihe legislature may by special acts lor the pur- etc., for 
pose of laying out, widening or relocating highways or relocating 
streets, authorize the taking in fee by the commonwealth, ^'siiways, etc. 
or by a county, city or town, of more land and property 
than are needed for the actual construction of such high- 
way or street : provided, liovever, 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 suiBcient 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, mt^y 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 amended. 
word " guardianship", in line two, the following : — and 
persons temporarily or permanently disqualified by law 
because of corrupt practices in respect to elections. 

Art. XLL Full power and authority are hereby given Taxation of wild 
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. 

Art. XLII. Full power and authority are hereby Referendum, 
given and granted to the general court to refer to the 
people for their rejection or approval at the polls any act 
or resolve of the general court or any part or parts thereof. 
Such reference shall be by a majority yea and nay vote 
of all members of each house present and voting. Any 
act, resolve, or part thereof so referred shall be voted on 
at the resrular state election next ensuing after such refer- 



50 CONSTITUTION OF THE 

ence, shall liecome law if approved hy a majority of the 
voters voting thereon, and shall take eftect at the expira- 
tion of thirty days after the election at which it was ap- 
proved or at such time after the expiration of the said thirty 
days as may be fixed in such act, resolve or part thereof. 



The constitution of Massachusetts was agreed upon bj' delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to 
the second day of March, 1780, when the convention adjourned to 
meet on the first Wednesday of the ensuing June. In the mean 
time the constitution was submitted to the people, to be adopted by 
them, provided two-thirds of the votes given should be in the 
affirmative. When the convention assembled, it was found that 
the constitution had been adopted 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 purpose, 
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 adopted 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 
political 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 polit- 
ical 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 legislatm-es of the 
political years 1839 and 1840, respectively, and was approved 
and ratified by the people the sixth day of April, 1840. 



COMMONWEALTH OF MASSACHUSETTS. 51 

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

The twentieth, twenty-first, and twenty-second Articles were 

adopted by the legislatures of the pohtical years 1856 and 1857, 

respectively, and ratified by the people on the first day of May, 
1857. 

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

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

The twenty-sixth Article was adopted by the legislatures of the 
pohtical 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 pohtical years 1876 and 1877, and was approved and rati- 
fied by the people on the sixth day of November, 1877. 

The twenty-eighth Article was adopted by the legislatures of 
the pohtical 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 pohtical 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 pohtical years 1890 and 1891, and were ap- 
proved and ratified by the people on the third day of November, 
1891. 



52 CONSTITUTION OF MASSACHUSETTS. 

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

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

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

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

The thirty-eighth Article was adopted 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 
pohtical years 1910 and 1911, and was approved and ratified b}^ 
■ the people on the seventh day of November, 1911. 

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

The forty-second Article was adopted by the legislatures of the 
political years 1912 and 1913, and was approved and ratified by 
the people on the fourth day of November, 1913. 



[A proposed Article of Amendment prohibiting the manufac- 
ture and sale of Intoxicating Liquor as a beverage, adopted by the 
legislatures of the pohtical 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) Estabhshing 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.] 

[A proposed Article of Amendment to make Women ehgible to 
appointment as Notaries Pubhc, adopted by the legislatures of the 
pohtical years 1912 and 1913, was rejected by the people on the 
fourth day of November, 1913.] 



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. 

Page 

Acts and resolves of the general court, provision for submission of, 

to the people on referendum, ..... 49 

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

removed by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, .... 22 

Adjutants, to be appointed by commanding officers of regiments, . 22 

Affirmations, instead of the required oaths, may be made by 

Quakers, . . . . 30, 31, 36 

Agriculture, arts, commerce, etc., to be encouraged, ... 29 

Alimony, divorce, etc., ........ 27 

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

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

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

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

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

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

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

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

Armies, dangerous to liberty, and not to be maintained without 

consent of the legislature, ...... 8 

Arms, right of people to keep and to bear, for public defence, 8 

Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, . . . . . .18 

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

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

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

to hold office for one year from third Wednesday in January 

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

election determined by legislature, ..... 43 

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

[.55] 



56 INDEX TO THE CONSTITUTION. 



Page 



Attorney-general, vacancy occurring during session of the 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 qualified, 43 

election determined by legislature, ..... 43 

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

not eUgible, 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 within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 
before that time expires, . . . . . 11 34 

provision for submission of, to the people on referendum, . 49 
Boards, public, to make quarterly reports to the governor, . . 22 

Body politic, formation and nature of, 3 

title of: The Commonwealth of Massachusetts, ... 10 

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

c. 

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

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

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

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

enumeration of voters to determine the apportionment of 

representatives, ........ 44 



INDEX TO THE CONSTITUTION. 57 



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

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

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

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

Clerks of towns, to make records and returns of elections, . . 13 

Colonial laws, not repugnant to the constitution, continued in 

force, .......... 32 

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

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

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

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great 
seal affixed, ......... 32 

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

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two thirds of the house 
present and voting thereon by yeas and nays; entered 
upon the journals of both houses, and referred to the next 
general court; if the next general court agrees to the 
proposition in the same manner and to the same effect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 36, 37 
Constitution, provisions for revising, ...... 33, 36 

to be enrolled on parchment, deposited in secretary's office, 

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

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

Corrupt practices, in elections, relative to the right to vote by per- 
sons disqualified by reason of, ..... 49 

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

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

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

to take oath of office before the ))resident of the senate in 

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

to rank ne.xt after the lieutenant governor, .... 25 

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

by the members present, ..... 25 

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

to exercise the power of governor when office of governor 

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



58 



indp:x to the constitution. 



Page 

41 

42 

42 
37 



47 
36 



9,23 
36 



26 
44 
26 
44 
11 
11 



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

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

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

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

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

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

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

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

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

registers elected by the people of the several counties, 
Courts and judicatories may be estabUshed by the general court, 
may administer oaths or affirmations, .... 

Crimes and offences, prosecutions for, regulated. 

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

D. 

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

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

Declaration and oaths of officers; tests abolished, . . 29, 3.5, 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 established by commissioners in the 

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

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

E. 

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

Election, state, referendum on acts and resolves of the general 

court at, ......... 49 

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 



indp:x to the constitution 



59 



Election returns, ...... 

Elections ought to be free, ..... 

Elections, by the people, of civil officers provided for by 
tution, to be by plurality of votes, . 
voting machines may be used at, . 
Enacting style of laws, established. 
Equality and natural rights of all men, 
Estates, valuation to be taken anew once at least every 
Executive department, not to exercise legislative or judi 
Ex post facto laws, declared unjust and oppressive, 



the consti- 



ten years, . 
cial powers. 



Page 

13,42 

6 

41 
49 
33 
4 
12 
9 
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 quahfication for seat in the 

general court or council, . . . . .41 

possession of, by governor, provision requiring, annulled, 48 
Fundamental principles of the constitution, a frequent recurrence 

to, recommended, ....... 8 



G. 

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

for making laws, ........ 8 

freedom of speech and debate in, ..... . 8 

not to declare any subject to be guilty of treason or felony, . 9 

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

11 



may constitute and erect judicatories and courts, . 

may make wholesome and reasonable laws and ordinances not 
repugnant to the constitution, .... 

may provide for the election or appointment of officers, and 
prescribe their duties, ...... 

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

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

travelUng expenses of members; provision annulled, 

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

session may be directed by governor, with ad\'ice of council, 
to be held in other than the usual place in case of an 
infectious distemper prevailing, . . . . . 



12, 



11 

11 

49 



20,37 
16,48 

19 



19,20 



60 



INDEX TO THE CONSTITUTION. 



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

may increase property qualifications of persons to be elected 

to office, ......... 32 

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

may be prorogued b}^ governor and council for ninety days, if 

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

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

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

to determine election of governor, lieutenant governor and 

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

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

relocating highways or streets, ..... 49 

provision for submission of bills and resolves of, to the people 

on referendum, ........ 49 

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

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

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

qualifications, ........ 18, 36, 48 

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

should have an honorable stated salary, .... 23 

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

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

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

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

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

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

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

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

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

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

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

vacancy in office of governor and lieutenant governor, powers 

to be exercised by the council, ..... 2.5 

with advice of council, may adjourn or prorogue the legisla- 
ture upon request, and convene the same, ... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevaihng, . , 19 
to appoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before ap- 
pointment, . . . . . . . . . 21, .35 



INDEX TO THE CONSTITUTION. 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 is not 

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

with consent of council, may remove judicial officers, upon 

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

may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty 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 convey- 
ances confirmed, . . . . . . . 27, 28 

board of overseers established, but the government of the 

college may be altered by legislature, .... 28 

officers may be elected members of the general court, . . 47 

Hereditary offices and privileges, absurd and unnatural, . . 5, 6 

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

the legislature concerning, ...... 49 

House of representatives, members may be instructed by the people, 8 
a representation of the people annually elected and founded 

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

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

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

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

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

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

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

must be an inhabitant of district for one j^ear 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, establish its rules, etc., .... 17 

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



62 INDEX TO THE CONSTITUTION. 

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

may require the attendance of secretary of the commonwealth 

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

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

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

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

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

Monday of November, . . . . 41, 42 

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

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

no district entitled to elect more than three representatives, 45 

board authorized to divide county into districts, to be certi- 
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 

Insolvencj', 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 facio, 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. 



Pajie 



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

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

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

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

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

officers commissioned to command may be removed as may 
be prescribed by law, ...... 

appointment of staff officers, ..... 

organization; divisions, brigades, regiments and companies, 
Money, issued from treasury by warrant of governor, etc., 

mentioned in the constitution, to be computed in silver at six 

shillings and eight pence per ounce. 

Money bills, to originate in house of representatives, 

Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, 
Moral qualifications for office, ...... 



21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 
17 

43 
8 
8 



N. 

Notaries public, to be appointed by governor w^th advice of coun- 
cil, 25, 35 

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



o. 

Oaths and affirmations, may be administered b}' courts and judica- 
tories, ..... 



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

forms of, 29, 30, 35 

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

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

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

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

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

OflBce, rotation in, right secured, ...... 6 

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



11 



INDEX TO THE CONSTITUTION. 



65 



Office, no person eligible to, unless they can read and write, . 
Oflficers, civil, legislature may provide for the naming and settling 

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, lieutenant governor 
and judges, ........ 

incompatible, . . . . . . . .31 

Organization of the miUtia, ...... 



Page 
44 

11 

26 
26 

26 

33 

21 

22,35 

5 

31,36 

32,36 

22 



P. 

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

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

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

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

instruct their representatives, and to petition legislature, . 8 

Person and property, remedy for injuries to, should be in the laws, 6 

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

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, ...... 14 

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

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

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

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

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

Press, liberty of, essential to the security of freedom, ... 8 
Private property taken for public uses, compensation to be made 

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

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

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

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

Property qualification, may be increased by the legislature, . . 32 

partially abolished, ........ 41 

of governor, annulled, ........ 48 

Prosecutions for crimes and offences regulated, .... 7 

Provincial laws, not repugnant to the constitution, continued in 

force, 32 



66 INDEX TO THE CONSTITUTION. 



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 equallj' eli- 
gible, .......... 6 

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

Punishments, cruel and unusual, not to be infficted, ... 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, . . , . -iS 

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

Qualifications, 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 

Referendum, on acts and resolves of the general court, provision 

for submission to the people to accept or reject, . 49 

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 

Pi,eligious denominations, equal protection secured to all, . . 5, 38 

Religious sect or denomination, no subordination of one to another 

to be establi.shed by law, . . . . . 5, 38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 
membership of, defined, ....... 38 

Religious worship, pubhc, 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, ..•■•■■ • 

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 lor the 

governor, ...■■•■■■ '^'^ 
permanent and honorable salaries to be estabUshed 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, . . . • • • . o5, 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 quaUfied 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, ^^ 

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 qualifications of 

their own members, ....... 14 

vacancy to be filled by election, by people of the district, upon 

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

qualifications of a senator, . . . . . . 15, 41 

not to adjourn more than two days at a time, ... 15 

to choose its officers and establish rules, .... 15 

shall try all impeachments, . . . . . . . 15, 17 

quorum of, ........ 16, 46, 48 

may punish for certain offences; trial may be by committee, 18 

may require the attendance of the secretary of the common- 
wealth in person or by deputy, ..... 26 

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

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

resolve, at large on records, ...... 10 

districts, forty in number, to be of adjacent 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- 
qualified from voting on account of non-payment of poll tax, 48 
Solicitor-general, ......... 21 

Standing armies, dangerous to Uberty and not to be maintained 

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

State election, referendum on acts and resolves of the general court 

at, 49 

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 witiiout 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 pohtic, — 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, . . . .16, 39, 40 

Towns, voting precincts in, ....... 47 

Travelling expenses of members, to general assembly and re- 
turning home, once in every session, to be paid by the 
government, ........ 16 

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

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

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

to hold office for one year from third Wednesday in January 

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

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

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

next preceding election or appointment, .... 43 

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

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

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

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

Treasury, no moneys to be issued from, but upon the warrant of 

governor, except, etc., ....... 22 

Trial by jury, right to, secured, . . . . . . 7 

guaranteed in criminal cases, except in army and navy, . . 7 



70 INDEX TO THE CONSTITUTION. 

u. 

Page 
University at Cambridge, . . . . . 27, 28, 47 

y. 

Vacancy in office of governor, powers to be exercised by lieutenant 

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

Vacancy in offices of governor and lieutenant governor, powers 

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

Vacancy in the council, to be filled by the election of a resident of 
the district by concurrent vote of the senate and house; 
if legislature is not in session, to be filled by governor 
■vvith 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 persona 
having highest number of votes at November election, . 43 
occurring during session of legislature, filled by joint ballot 

of legislature from people at large, ..... 43 

occurring when legislatiu-e 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 
months, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . . 17, 34, 44 

the basis upon which the apportionment of representatives 

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

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

census of, to be taken in 1865, and every tenth year after, . 44, 46 
referendum to, on acts and resolves of the general court, . 49 

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

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

Voting machines may be used at elections, ..... 49 
Voting precincts in towns, ....... 47 



INDEX TO THE CONSTITUTION. 71 



W. 

Page 
Wild or forest lands, taxation of, ...... 49 

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

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

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

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

Y. 

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



GENERAL ACTS 

OF 

MASSACHUSETTS. 

1915. 



jsp" The General Court of the year nineteen hundred and fifteen assembled 
on Wednesday, the sixth day of January. Tlie oaths of office were taken and 
subscribed by Ilis Excellencj^ David I. Walsh and His Honor Guafton D. 
CusHiNCr, on Thursday, tlie seventh day of January, in the presence of the 
two Hoiises assembled in convention. 



GENERAL ACTS. 



An Act relative to the election by the towns of nh^.j, i 

ROCHESTER, WAREHAM AND CARVER OF COMIMITTEES TO ^ ' 

REGULATE THE TAKING OF ALEWIVES IN WEWEANTIT 
RIVER. 

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

Section 1. The committees chosen bv the towns of Committees 

■r> 1 tuT 1 1 i-^i • •' 1 ■ !!• to regulate 

Kochester, Wareham and Carver to act jonitly in sellmg at tiie tHking of 
pubh'c anction the privilege of taking alewives in the We- WewcrntH 
weantit river in the county of Plymouth in pursuance of "^'^'"' ° ''• 
chapter sixty-nine of the acts of the year seventeen hundred 
and ninety-seven, approved March first, seventeen hundred 
and ninety-eight, shall hereafter be elected by the said How elected. 
towns at their annual town meetings, and the members of 
the committee shall be nominated and elected in the same 
manner in which other town officers are nominated and 
elected. 
Section 2. This act shall take effect upon its passage. 

Approved February 9, 1915. 



Chap. 



An Act to authorize cities to provide suitable 

quarters for THE POSTS OF THE GRAND ARMY OF THE 

republic. 

Be it enacted, etc., as follows: 

Section twenty-eight of chapter twenty-six of the Revised ^iJnded^^^' 
Laws is hereby amended by inserting after the word "holi- 
days", in the fourth line, the words: — for the purpose of 
providing or defraying the expenses of suitable quarters for 
posts of the grand army of the republic, — so as to read as 

follows: — ■ Section 28. The city council may, by a yea and cities may 

•• •' '<-''' ^ provicio suit- 

nay vote of two thirds of the members of each branch thereof aHie (luarters 

present and voting, appropriate money for armories for the army ot the 

use of the state militia, for the celebration of holidays, for ^'•^^'"^^'^'•^ 



General Acts, 1915. — Chaps. 3, 4. 

the purpose of providing or defraying the expenses of suitable 
quarters for posts of the grand army of the repubhc, and 
for other pubhc purposes to an amount not exceeding in 
any one year one fiftieth of one per cent of its vahiation for 
such year. Approved February 10, 1915. 



Chap. 3 An Act to provide a penalty for violation of the law 

REL.^.TIVE TO THE CLOSE SEASON ON QUAIL IN THE COUNTY 
OF ESSEX. 

Be it enacted, etc., as follows: 

Chapter seventy-nine of the acts of the year nineteen 
hundred and fourteen is hereby amended by adding at the 
end thereof the following: — Whoever violates the provisions 
of this act shall be punished by a fine of twenty dollars for 
each bird in respect to which the violation occurs, — so as 
to read as follows: — It shall be unlawful to hunt, pursue, 
take or kill quail in the county of Essex until the beginning 
of the open season for c^uail throughout the commonwealth 
in the year nineteen hundred and nineteen. Whoever vio- 
lates the provisions of this act shall be punished by a fine 
of twenty dollars for each bird in respect to v/hich the viola- 
tion occurs. Approved February 11, 1915. 



1914, 79, 
amended. 



Hunting, etc., 
of quail in 
Essex county 
rcatricted. 

Penalty. 



Providing 
immediate 
work on the 
metropolitan 
parks and 
roiorvations. 



Chap. 4 An Act to authorize the metropolitan park commission 

TO PROVIDE IMMEDL\TE WORK ON THE PARKS AND RESER- 
VATIONS UNT)ER ITS CARE AND CONTROL. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission, for the 
purpose of providing immediate work on, and continuing 
the construction, improvement and development of, the 
parks and reservations under its care and control, and to 
carry out the provisions of chapter four hundred and seven 
of the acts of the year eighteen himdred and ninety-three, 
is hereby authorized to expend the sum of fifty thousand 
dollars as an addition to the Metropolitan Parks Loan. 

Section 2. To meet expenditures made under authority 
of this act the treasurer and receiver general, with the ap- 
proval of the governor and council, shall issue scrip or certifi- 
cates of indebtedness, bearing interest at a rate not exceeding 
four per cent per annum, to the amount of fifty thousand 
dollars as an addition to the Metropolitan Parks Loan, and 



Metropolitan 
Parks Loan. 



General Acts, 1915. — Chap. 5. 

shall add to the existing sinking fund to provide for the 
payment of the same. Such scrip or certificates of in- 
debtedness shall be issued and additions to said sinking 
fund shall be assessed and collected in accordance with the 
p^o^'isions of chapter four hundred and nineteen of the acts 
of the year eighteen hundred and ninety-nine, and acts in 
amendment thereof and in addition thereto. 

Section 3. The metropolitan park commission in the Employees 
employment of labor to carry out the purposes of this act from^cfvif ^ 
shall select the employees either from the state civil service ^<^''^''<=^ ''^t^- 
lists or from the lists of the cities and towns in the district: 
provided, however, that preference in emplo\anent shall be Proviso, 
given to those on the lists of the cities and towns situated in 
the immediate locality in which the work is being done. 

Section 4. This act shall take effect upon its passage. 

Approved February 11, 1915. 



Chap. 



An Act to authorize the inietropolitan park commission 
TO provide immediate work on the parkways and 
boulevards under its care and control. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission, for the Providing 
purpose of providing immediate work on, and continuing ™X"oJf*^ 
the construction, improvement and development of the "adcways'and 
parkways and boulevards under its care and control, and to boulevards. 
carry out the provisions of chapter two hundred and eighty- 
eight of the acts of the year eighteen himdred and ninety- 
four, is hereby authorized to expend the sum of fifty thousand 
dollars as an addition to the Metropolitan Parks Loan, Series 
Two. 

Section 2. To meet expenditures made under authority Metropolitan 
of this act the treasurer and receiver general, with the ap- series Two!' 
proval of the governor and council, shall issue scrip or 
certificates of indebtedness, bearing interest at a rate not 
exceeding four per cent per annum, to the amount of fifty 
thousand dollars, as an addition to the Metropolitan Parks 
Loan, Series Two, and shall add to the existing sinking fund 
to provide for the payment of the same. Such scrip or 
certificates of indebtedness shall be issued and additions to 
said sinking fund shall be assessed and collected in accord- 
ance with the provisions of chapter four hundred and nine- 
teen of the acts of the year eighteen hundred and ninety- 
nine, and acts in amendment thereof and in addition thereto. 



General Acts, 1915. — Chap. 6. 



Employees 
to be selected 
from civil 
service lists. 



Proviso. 



Section 3. The metropolitan park commission In the 
employment of labor to carry out the purposes of this act 
shall select the employees eitlier from the state civil service 
lists or from the lists of the cities and towns in the district: 
provided, however, that preference in employment shall be 
given to those on the lists of the cities and towns situated 
in the immediate locality in which the v/ork is being done. 

Section 4. This act shall take effect upon its passage. 

Approved February 11, 1915. 



R. L. 10, § 5. 
etc., amended. 



Civil service 
commission 
to preserve 
records. 



Chap. 6 An Act kelative to the preservation of records by 

THE CIVIL service COMMISSION. 

Be it enacted, etc., as folloios: 

Section 1. Section five of chapter nineteen of the Re- 
vised Laws, as amended by chapter tliree hundred and eight 
of the acts of the year nineteen hundred and two, is hereby 
further amended by striking out the word "six", in the 
seventh line, and inserting in place thereof the word: — 
three, — so as to read as follows: — Section 5. They shall 
keep records of their proceedings and of examinations made 
by them or rnider their authority. Recommendations of 
applicants received by them or by any officer authorized to 
make appointments or to employ laborers or others, within 
the scope of such rules, and the examination papers of such 
applicants, shall be preserved for at least three 3^ears, after 
which time any or all application and examination papers 
of applicants, with accompanying recommendations, may, 
at the discretion of said commissioners, be destroyed. Such 
records and recommendations shall, under regulations ap- 
proved by the governor and council, be open to public in- 
spection. The commissioners shall from time to time suggest 
to^ the general court appropriate legislation for the ad- 
ministration and improvement of the civil service and shall 
annually before the tenth day of January make a report 
which shall contain any rules adopted under the provisions 
of this chapter. 

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

Approved February 15, 1915. 



Annual 
report, etc. 



General Acts, 1915. — Chaps. 7, 8. 



An Act to require a majority of the directors of a Chap, "t 

MUTUAL FIRE INSURANCE COMPANY OR MUTUAL LIABILITY 
INSURANCE COMPANY TO BE CITIZENS OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as follmvs: 

Section 1. Section forty-three of chapter five hundred ^^e'^^e^^ *^' 
and seventy-six of the acts of the year nineteen hundred and 
seven is hereby amended by striking out the third paragraph 
from the end, which provides for the ehgibility of directors, 
and inserting in place thereof the following: — A majority Majority of 
at least of the directors shall be citizens of this common- certain'^*"'^ 
wealth, and, after the first election, members only shall be companies to 
eligible, but no director shall be disqualified from serving be citizens of 

, p I'll 1 PI •• common- 

the term for which he was chosen by reason of the expiration wealth. 
or cancellation of his policy: iwoiyidcd, that, in companies Proviso. 
with a guaranty capital, one half of the directors shall be 
chosen from the stockholders. 
Section 2. This act shall take effect upon its passage. 

AiJj^roved February 15, 1915. 



Chap. 



An Act relative to the location by the Massachusetts 
highway commission of highways for which appro- 
priations are made. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is Location 
hereby authorized, whenever any money has been or shall rommi'Son 
be appropriated by the general court for the use of said highways. 
commission in the construction or improvement of any par- 
ticular road or roads, to ex|)end such money in constructing 
or improving the whole or such part or parts of said road 
or roads as it shall deem best, either upon the location of 
the existing roads or upon any new routes or relocations 
that may be laid out by the county commissioners of the 
county or the selectmen of the town in which said road or 
roads are situated, and no part of the road or roads so im- 
proved shall become a state highway or be maintained as 
such. The said commission may, however, in its discretion May be laid 
lay out the whole or any part of such road or roads as a highways.**' 
state highway under the provisions of the general law. All Repeal. 



8 



General Acts, 1915. — Chaps. 9, 10. 



acts and parts of acts inconsistent herewith are hereby re- 
pealed. 

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

Approved February 15, 1915. 



R. L. 168, § 38, 
amended. 



Certain 
recognizances 
may be 
accepted on 
the Lord's 



day. 



Chap. 9 An Act to autitorize the acceptance of certain 

RECOGNIZANCES ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-eight of chapter one hundred 
and sixty-eight of the Revised Laws is hereby amended by 
adding at the end thereof the words: — Any recognizance 
authorized by the provisions of this chapter may be accepted 
on the Lord's day, — so as to read as follows: — Section 
38. Pending the examination and at any time after the 
defendant or debtor is taken before a magistrate, a magis- 
trate named in section twenty-nine may accept his recog- 
nizance with surety or sureties in a sum not less than the 
amount of the execution, or of the ad damnum in the writ 
if he is arrested on mesne process, that he will appear at the 
time fixed for his examination, and from time to time until 
the same is concluded, and not depart without leave of the 
magistrate, making no default at any time fixed for his 
examination, and abide the final order of the magistrate 
thereon. No recognizance under the provisions of this 
chapter, except in case of appeal under the provisions of 
section fifty-three, shall be accepted after the oath has been 
once refused to the debtor. Any recognizance authorized 
by the provisions of this chapter may be accepted on the 
Lord's day. 

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

Approved February 15, 1915. 



No acceptance 
after oath 
refused, etc. 



Chap. 10 An Act relative to the licensing of operators of 

motor cycles. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter five hundred and 
thirty-four of the acts of the year nineteen hundred and 
nine, as amended by section three of chapter six hundred 
and five of the acts of the year nineteen hundred and ten, 
is hereby further amended by striking out the word "auto- 
mobiles", in the second line, and inserting in place thereof 



1909, 534, § 8, 
etc., amended. 



General Acts, 1915. — Chap. 10. 9 

the words: — motor vehicles, — by striking out the word 
"automobiles", in the sixteenth and seventeenth hues, and 
inserting in place thereof the words: — motor vehicles,— 
by striking out the word "automobiles", hi the twenty- 
second line, and inserting in place thereof the words: — 
motor vehicles, — by striking out the word "cycle", in the 
twenty-fifth line, and inserting in place thereof the word: 
— vehicle, — by striking out the word "automobiles", in 
the twenty-seventh line, and inserting in place thereof the 
words: — motor vehicles, — and by striking out after the 
word "issue", in the thirty-seventh line, the words "A 
person whose motor cycle has been registered in accordance 
with the provisions of sections two and three of this act may 
operate such motor cycle without a license from the com- 
mission, and the certificate of registration for said vehicle 
shall be evidence of the right of the owner thereof to operate 
it while said registration is in force ", so as to read as fol- 
lows: — Section 8. Application to operate motor vehicles Application to 
may be made, by mail or otherwise, to the commission or vehiciesTow 
its duly authorized agent upon blanks prepared under its ™'"^''- 
authority. The fees provided in section twenty-nine shall 
be deposited with the application. Before such a license is 
granted the applicant shall pass such examination as to his 
qualifications as the commission shall require, and no license 
shall be issued until the commission or its authorized agent 
is satisfied that the applicant is a proper person to receive it. 
No operator's license shall be issued to any person under Operator must 
sixteen years of age. To each person shall be assigned yl^foTage 
some distinguishing number or mark, and the licenses ^*''- 
issued shall be in such form as the commission shall de- 
termine; they may contain special restrictions and limi- 
tations concerning the type of motor power, horse power, 
design and other features of the motor vehicles which the 
licensee may operate; they shall contain the distinguishing 
number or mark assigned to the licensee, his name, place 
of residence and address, and a brief description of the 
licensee for purposes of identification; and such other in- 
formation as the commission shall deem necessary. A per- 
son to whom a license to operate motor vehicles has been 
issued, unless such license contains a special limitation or 
restriction, may operate any registered motor vehicle. 
Special licenses shall be issued to chauffeurs, but no such Special 
license shall be issued to any person less than eighteen years whomlisued. 
of age. Every person licensed to operate motor vehicles as 



10 



General Acts, 1915. — Chap. 11. 



" Private 
operators' 
licenses," date 
of expiration. 



1909, 534, § 29, 
etc., amended. 



Fee for 
registration. 



aforesaid shall endorse bis usual signature on the margin 
of the license, in the space provided for the purpose, im- 
mediately upon the receipt of said license, and such license 
shall not be valid until so endorsed. All licenses to operate 
motor vehicles, heretofore commonly called "private opera- 
tors' licenses", and other than those of chauffeurs, shall 
expire at midnight upon the thirty-first day of December 
in the year nineteen hundred and nine, and thereafter all 
licenses issued to operators and chauffeurs shall be valid 
for one year only from the date of issue. Every application 
filed under the provisions of this section shall be sworn to 
by the applicant before a justice of the peace or a notary 
public. The fee for such oath shall not exceed twentj^-five 
cents. 

Section 2. Section twenty-nine of said chapter five 
hundred and thirty-four, as amended by section one of 
chapter six hundred and ninety-five of the acts of the year 
nineteen hundred and fourteen, is hereby further amended 
by striking out after the word "cycle", in the fourth line, 
the words "including the right of the owner thereof to 
operate the vehicle ", so that the second paragraph of said 
section shall read as follows: — For the registration of 
every motor cycle, two dollars. 

A'px>rovcd Fehruarij 16, 1915. 



Chap. 11 An Act relative to the licensing of operators of 

MOTOR VEHICLES USED FOR SPECIAL OR MUNICIPAL PUR- 
POSES. 

Be it enacted, etc., as folloios: 

Section 1. Whoever operates a motor ambulance, and 
whoever operates a street sprinkler, fire engine or other 
fire apparatus, police patrol wagon or any other vehicle 
which is used by the police, park or other department of 
any city or town solely for the official business of the city 
or town, and which is propelled by power other than muscular 
power, shall be subject to all of the provisions of chapter five 
hundred and thirt}- four of the acts of the year nineteen 
hundred and nine, and acts in amendment thereof, relating 
to chauft'eurs and operators of motor vehicles. 

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

Ayywved February 16, 1915. 



Operators of 
motor vehicles 
used for 
special or 
municipal 
purposes to 
be licensed. 



General Acts, 1915. — Chaps. 12, 13. 11 



An Act relative to the establishment and mainte- Qhnj) io 

NANCE OF PEST HOUSES BY CITIES AND TOWNS. 

Be it enacted, etc., as follows: 
Section 1. Section forty-six of chapter seventy-five of RL.75, §46 

,, -p,.-i-r 1 ^ 1 . j'-.»>-wi etc., amended. 

the Kevised Laws, as amended by section two of chapter 
two hundred and six of the acts of the year nineteen hundred 
and two, and by section two of chapter three hundred and 
sixty-five of the acts of the year nineteen hundred and six, 
is hereby further amended by striking out the said section 
and inserting in place thereof the following: — Section 46. Removal of 
A magistrate authorized to issue warrants in criminal cases tolny ^s7°"' 
may issue a warrant directed to the sheriff of the county or cenaLTondi- 
his deputy, or to any constable or police officer, requiring *'°"'- 
him, under the direction of the board of health, to remove 
any person who is infected with a contagious disease, or to 
take up and impress convenient houses, lodging, nurses, 
attendants and other necessaries. The removal authorized 
by this section may be made to a hospital in any city or 
town established for the reception of persons having small- 
pox or other disease dangerous to the public health, pro- 
vided that the assent of the board of health of the city or 
town to which such removal is to be made shall first 
have been obtained. 
Section 2. This act shall take effect upon its passage. 

Ajyproved February 16, 1915. 



An Act relative to the proof of claims against (Jjiary 13 

insolvent estates of deceased persons. 
Be it enacted, etc., as follows: 

Section 1. Section nine of chapter one hundred and ^^^^^^^^J- § 9. 
forty-two of the Revised Laws is hereby amended by striking '""''" 
out all after the word "time", in the seventh line, and in- 
serting in place thereof the following: — upon petition of 
the commissioners or any party in interest, and during such 
extended time, presentation of claims shall not be barred 
by any existing provision of law limiting the time within 
which actions by a creditor of the deceased may be brought 
against an executor or administrator, — so as to read as fol- 
lows: — Section 9. Six months after the appointment of ^'■'?°^°^ . 

ji . • p, 1 in-. Claims against 

the commissioners or alter the order of the court under the i"»o>vont 
provisions of section five shall be allowed for the creditors to AcceZ^l 

persons. 



12 



General Acts, 1915. — Chaps. 14, 15. 



Presentation 
of claims not 
barred, etc. 



present and prove their claims; and if a new commissioner is 
appointed under the provisions of section six, the time shall 
be extended until the expiration of six months from his 
appointment. The court may allow further time upon 
petition of the commissioners or any party in interest, and 
during such extended time, presentation of claims shall not 
be barred by any existing provision of law limiting the time 
within which actions by a creditor of the deceased may be 
brought against an executor or administrator. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1915. 



Chap. 14 An Act relative to notice of filing of instruments 

CREATING CHARITABLE FUNDS. 



Notice of filing 
of instruments 
creating 
charitable 
funds to be 
sent to the 
state board 
of charity. 



Be it enacted, etc., as follows: 

Section 1. Whenever there shall be filed for record in 
a registry of deeds or of probate any testamentary docu- 
ment or deed of trust, or other instrument, creating or in- 
creasing an estate or fund for benevolent, charitable, humane 
or philanthropic purposes the register shall forthwith send 
to the state board of charity a statement setting forth the 
book and page in the registry where the instrument is re- 
corded, with the name, if any, of the said estate or fund, 
and further stating by whom the said estate or fund has 
been created or increased, and by whom it is to be ad- 
ministered. 

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

Approved February 17, 1915. 



1907, 282, § 1, 
amended. 



Chap. 15 An Act relative to changes in officers of business 

corporations. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 

eighty-two of the acts of the year nineteen hundred and 

seven, as amended by chapter one hundred and eighty of 

the acts of the year nineteen hundred and eight, is hereby 

further amended by striking out the word "president", and 

the words "and a majority", in the seventh line, and the 

words "of its directors", in the eighth line, so as to read 

Certificate of as follows : — Scction 1 . Whenever any change is made in 

officers of the ofRccrs of a domestic corporation subject to the pro- 

nesTcOT^^^'" visions of chapter four hundred and thirty-seven of the 



General Acts, 1915. — Chap. 16. 13 

acts of the year nineteen hundred and three the corporation tionsto be filed 
shall forthwith file in the office of the commissioner of cor- missione/T' 
porations a certificate of such change, signed and sworn to corporations. 
by the clerk. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1915. 

An Act relatwe to motor vehicles and to the opera- Chap. 16 

TION thereof. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and e?c!!'am1;nded. 
thirty-four of the acts of the year nineteen hundred and 
nine, as amended by section one of chapter two hundred and 
four of the acts of the year nineteen hundred and fourteen, 
is hereby further amended in the third clause, beginning with 
the word "Chauffeur", by striking out the words "other 
than his owti", after the tenth word, by striking out the 
words "with motor vehicles", after the thirty-second word, 
and inserting in place thereof the word : — therewith, — in 
the fifth clause, beginning with the word "Dealer", by in- 
serting after the eighth word, the word: — principally, — 
by striking out all after the twenty-second word, and in- 
serting in place thereof the words: — or whose principal 
business is the renting of motor vehicles, — in the eleventh 
clause, beginning with the words "Number plate", by 
striking out the twenty-third and twenty-fourth words "an 
automobile", and inserting in place thereof the words: — 
a motor vehicle, — and by striking out the twenty-eighth 
word "automobile", and inserting in place thereof the 
words: — motor vehicle, — so as to read as follows: — Sec- Certain terms 
tion 1. Terms used in this chapter shall be construed as '*®''"'^ " 
follows, unless a different meaning is clearly apparent from 
the language or context, or unless such construction is in- 
consistent with the manifest intention of the legislature: — 

"Automobile" shall include all motor vehicles except 
motor cycles. 

"Chauffeur" shall mean any person who operates a 
motor vehicle and who directly or indirectly receives pay 
or any compensation whatsoever for any work or services in 
connection therewith, except only manufacturers, agents, 
proprietors of garages and dealers, who do not operate for 
hire. An employee of a manufacturer or a dealer whose 
principal occupation is that of a salesman may at the dis- 



14 General Acts, 1915. — Chap. 16. 

Certain terms cretioii of the comtnlssioii be exempted from this definition 
and be designated as an operator. 

"Commission" shall mean the Massachusetts highway 
commission. 

"Dealer" shall include every person who is engaged 
principally in the business of buying, selling or exchanging 
motor vehicles, on commission or otherwise, or whose prin- 
cipal business is the renting of motor vehicles. 

"Garage" shall mean every place where five or more 
motor vehicles are stored or housed at any one time for 
pay, except only such places in which motor vehicles are 
kept by the owners thereof without paj'ment for storage. 

"Intersecting way" shall mean any way which joins 
another at an angle, whether or not it crosses the other. 

"Motor cycle" shall apply only to motor vehicles having 
but two wheels in contact with the ground, and a saddle 
on which the driver sits astride. 

"Motor vehicle" shall include automobiles, motor cycles 
and all other vehicles propelled by power other than muscular 
power, except railroad and railway cars and motor vehicles 
running only upon rails or tracks, ambulances, fire engines 
and apparatus, police patrol wagons and other vehicles used 
by the police department of any city or town or park board 
solely for the official business of such department or board, 
road rollers and street sprinklers. 

"Non-resident" shall apply to residents of states or 
countries who have no regular place of abode or business in 
this commonwealth for a period of more than thirty days in 
the calendar year. 

"Number plate" shall mean the sign or marker furnished 
by the commission on which is displayed the register number 
or mark of a motor vehicle assigned to such motor vehicle 
by the commission. 

"Operator" shall mean any person who operates a motor 
vehicle, other than a chauffeur. 

"Person", w^herever used in connection with the regis- 
tration of a motor vehicle, shall include all corporations, 
associations, partnerships or other aggregations of indi- 
viduals who own or control such vehicles as owners, or for 
the purpose of sale, or for renting, as agents, salesmen or 
otherwise. 

"Police officer" or "officer" shall include any constable 
or other officer authorized to make arrest or serve process, 
provided he is in uniform or displays his badge of office. 



General Acts, 1915. — Chap. 16. 15 

"Register number" shall apply to the number or mark Certain terms 
assigned by the commission to a motor vehicle, whether or 
not such number or mark includes a letter or letters; and 
said number or mark, except on motor c.ycles, shall always 
be in separate Arabic numerals at least four inches in height, 
with strokes not less than one half of an inch in width. 

"Thickly settled or business part of a city or town" shall 
mean the territory of a city or town contiguous to any way 
which is built up with structures devoted to business, or 
the territory of a city or tov>m contiguous to any way where 
the dwelling houses are situated at such distances as will 
average less than two hundred feet between them for a 
distance of a quarter of a mile or over. 

"Way" shall mean any public highway, private way 
laid out under authority of statute, street, avenue, road, 
alley, park or parkway. 

Section 2. Section four of said chapter five hundred i909. 534 §4, 

!!• i> "1 1 111 • • ii« 1 amended. 

and thirty-iour is hereby amended by msertmg before the 
word "number", in the twenty-first line, the word: — auto- 
mobile, -^ and by striking out all after the word "plates", 
in the twenty-fifth line, to and including the word "issued", 
in the thirty-eighth line, and inserting in place thereof the 
words: — The commission shall furnish at its office, without 
charge, to every manufacturer of or dealer in motor cycles 
whose vehicles are registered in accordance with the pro- 
visions of this section ten pairs of n.umber plates of suitable 
design, the plates to have displayed upon them the register 
number which is assigned to the motor vehicles of such 
manufacturer or dealer, with a different letter or letters or 
mark on each pair of number plates. Such number plates 
shall be valid only for the calendar year for which they are 
issued, — so as to read as follows: — Section 4- Every Distinguishing 
manufacturer of or dealer in motor vehicles may make ap- ^'i^k'tobL 
plication, by mail or otherwise, upon a blank provided by |^'"^'^J*'p'^ *° ^g 
the commission for a general distinguishing number or mark, and dealers, 
instead of registering each motor vehicle owned or con- 
trolled by him, and with such application shall be deposited 
the proper registration fee, as provided in section twenty- 
nine; and the commission may grant the application, if 
satisfied of the facts stated in the application, and issue to 
the applicant a certificate of registration containing the 
name, business address of the applicant and the general 
distinguishing number or mark assigned to him, and made 
in such form and containing such further information as 



16 



General Acts, 1915. — Chap. 16. 



Number 
plates, etc. 



Application 
to be sworn 
to, etc. 



1909, 534, § 7, 
amended. 



Brakes on 
motor vehicles. 



Proviso. 



the commission may determine; and all motor vehicles 
owned or controlled by such manufacturer or dealer shall be 
regarded as registered under such general distinguishing 
number or mark until sold or let for hire or loaned for a 
period of more than five successive days. The commission 
shall furnish at its office without charge to every manu- 
facturer of or dealer in automobiles whose vehicles are 
registered in accordance with the provisions of this section 
five pairs of automobile number plates of suitable design, 
the plates to have displayed upon them the register number 
which is assigned to the motor vehicles of such manufacturer 
or dealer, with a different letter or letters or mark on each 
pair of number plates. The commission shall furnish at 
its office, without charge, to every manufacturer of or dealer 
in motor cycles whose vehicles are registered in accordance 
with the provisions of this section ten pairs of number 
plates of suitable design, the plates to have displayed upon 
them the register number which is assigned to the motor 
vehicles of such manufacturer or dealer, with a different 
letter or letters or mark on each pair of number plates. 
Such number plates shall be valid only for the calendar 
year for which they are issued. Every application filed 
under the provisions of this section shall be sworn to by the 
applicant before a justice of the peace or a notary public. 
The fee for such oath shall not exceed twenty-five cents. 
Every such registration shall expire at midnight upon the 
thirty-first day of December in each year. 

Section 3. Section seven of said chapter five hundred 
and thirty-four is hereby amended by striking out the 
words "which may be operated by hand", in the twelfth 
and thirteenth lines, and by inserting after the word "and", 
in the seventeenth line, the word: — automobiles, — so as 
to read as follows: — Section 7. Every motor vehicle of 
more than ten horse power operated in or on any way shall 
be provided with at least two brakes, powerful in action 
and separated from each other, of which one brake shall act 
directly on the driving wheels or on parts of the mechanism 
which are firmly connected with said wheels. Each of the 
two brakes shall suffice alone to stop the motor vehicle 
within a proper distance. One of the two brakes shall be 
so arranged as to be operated with the feet: provided, how- 
ever, that on automobiles not exceeding ten horse power one 
brake shall be deemed to be sufficient. Every motor cycle 
shall be provided with at least one brake. Every motor 



General Acts, 1915. — Chap. 16. 17 

vehicle so operated shall be provided with a muffler or other 
suitable contrivance to prevent unnecessary noise and with 
a suitable bell, horn or other means of signalling, and with 
suitable lamps; and automobiles shall be provided with a 
lock, a ratchet brake which can be set, a key or other con- 
trivance to prevent such vehicle from being set in motion 
by unauthorized persons, or otherwise, contrary to the will 
of the owner or person in charge thereof. Every auto- 
mobile operated during the period from one half an hour 
after sunset to one half an hour before sunrise shall dis- 
play at least two white lights, and every motor cycle so 
operated at least one white light, which shall be visible not 
less than two hundred feet in the direction toward which 
the vehicle is proceedhig; and every such motor vehicle 
shall display at least one red light in the reverse direction. 
Every automobile so operated shall have a rear light so 
placed as to show a red light from behind and a white light 
so arranged as to illuminate and not obscure the rear register 
number. 

Section 4. Section ten of said chapter five hundred and amc'ndld.^ ^°' 
thirty-four, as amended by section four of chapter six hun- 
dred and five of the acts of the year nineteen hundred and 
ten, and by section three of chapter two hundred and four 
of the acts of the year nineteen hundred and fourteen, is 
hereby further amended by inserting after the word "sus- 
pension", in the ninth line, the words: — persons whose 
right to operate has been suspended by the commission, — 
and by striking out the words "for hire or", in the thirty- 
fifth line, so as to read as ioWows: — Sectioii 10. No Regulation 
person shall operate a motor vehicle upon any way in this operatfon^ 
commonwealth unless licensed under the provisions of this 
act, except as is otherwise herein provided; but the pro- 
visions of this section shall not prevent the operation of 
motor vehicles by unlicensed persons if riding with or ac- 
companied by a licensed chauffeur or operator, excepting 
only persons who have been licensed and Avhose licenses are 
not in force because of revocation or suspension, persons 
whose right to operate has been suspended by the com- 
mission, and persons less than sixteen years of age; but 
such licensed chauffeur or operator shall be liable for the 
violation of any provision of this act or of any regulation 
made in accordance herewith committed by such imlicensed 
operator : yrovided, however, that the examiners of chauffeurs proviso. 
and operators, in the employ of the commission, when en- 



18 



General Acts, 1915. — Chap. 16. 



Motor vehicles 
owned by 
non-residents, 
conditions 
under which 
operated. 



1909, 534, § 12, 
etc., amended. 



Chauffeurs to 
be specially 
licensed. 



1909, 534, § 20, 
etc., amended. 



Certificates 
may be 
suspended or 
revoked. 



gaged in their official duty, shall not be liable for the acts 
of any person who is being examined. During the period 
within which a motor vehicle of a non-resident may be 
operated on the ways of this state in accordance with the 
provisions of section three, such vehicle may be operated by 
its owner or by his chauffeur or employee without a license 
from the commission, if the operator is duly licensed under 
the laws of the state in which he resides, or has complied 
fully with the laws of the state of his residence respecting 
the licensing of operators of motor vehicles; but if any such 
non-resident or his chauffeur or employee be convicted by 
any court or trial justice of violating any provision of the 
laws of this commonwealth relating to motor vehicles or to 
the operation thereof, whether or not he appeals, he shall 
be thereafter subject to and required to comply with all 
the provisions of this act relating to the registration of 
motor vehicles owned by residents of this commonwealth 
and the licensing of the operators thereof. A record of the 
trial shall be sent forthwith by the court or trial justice 
to the commission. Except as hereinbefore provided, no 
person shall operate a motor vehicle as a chauffeur unless 
specially licensed by the commission so to do. 

Section 5. Section twelve of said chapter five hundred 
and thirty-four, as amended by chapter thirty-seven of the 
acts of the year nineteen hundred and eleven, is hereby 
further amended by striking out the words "or operator of 
a motor vehicle", in the second line, so as to read as fol- 
lows: — Section 12. No person shall employ for hire as 
a chauffeur any person not specially licensed as aforesaid. 
No person shall allow a motor vehicle owned by him or under 
his control to be operated by any person who has no legal 
right to do so, or in violation of the provisions of this act. 

Section 6. Section twenty of said chapter five hundred 
and thirty-four, as amended by section one of chapter 
ninety-five of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by inserting after the 
word "chauffeur", in the sixth line, the words: — or the 
certificate of registration of any motor cycle, — by insert- 
ing after the word " license ", in the seventh line, the words: — 
or registration certificate, — and by striking out the words 
"non-resident of Massachusetts", in the seventeenth and 
eighteenth lines, and inserting in place thereof the word: — 
person, — so as to read as follows: — Section 20. The com- 
mission may suspend or revoke any certificate of registration 
or any license issued to any person under the provisions of 



General Acts, 1915. — Chap. 16. 19 

this act, after due liearing, for any cause which it may deem 
sufficient, and the commission may suspend the Kcense 
of any operator or chauffeur or the certificate of registration 
of any motor cycle in its discretion and without a hearing, 
and may order the Hcense or registration certificate to be 
delivered to it, whenever it has reason to beheve 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 regis- 
tration nor the license shall be reissued unless, upon ex- 
amination or investigation, or after a hearing, the com- 
mission determines that the operator or chauft'eur 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 person 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 7. Section twenty-one of said chapter five hun- looo, 534, § 21. 
dred and thirty-four, as affected by chapter four hundred ® °" ^""^^^ 
and twenty of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by striking out after 
the word "vehicle", in the fourteenth line, the words "or 
who wears a chauffeur's badge not furnished to him by the 
commission, or who with intent to conceal his identity wears 
a chauffeur's badge belonging to another person", so as to 
read as follows: — Section 21. Any person convicted of Jp^J^'P^^J^"^/*"" 
operating a motor vehicle in this commonwealth after his certain 

T 11 11 111 regulations. 

license to operate has been suspended or revoked, and any 
person convicted of operating or causing or permitting any 
other person to operate a motor vehicle after the certificate 
of registration for such vehicle has been suspended or re- 
voked, and any person who attaches or permits to be at- 
tached to a motor vehicle a number plate assigned by the 
commission to another vehicle, or who obscures or permits 
to be obscured the figures on any number plate attached to 
any motor vehicle, or who fails to display on a motor vehicle 
the number plate and the register number duly issued there- 
for, with intent to conceal the identity of such motor vehicle, 
shall be punished by a fine of not more than one hundred P^^^'^^y- 
dollars or by imprisonment for a term of ten days, or by 
both such fine and imprisonment. 



20 



General Acts, 1915. — Chap. 16. 



1909, 534, § 29, 
etc., amended. 



Fees. 



Proviso. 



Section S. Section twenty-nine of said chapter five 
hundred and thirty-four, as amended by chapters four hun- 
dred and twenty and six hundred and ninety-five of the acts 
of the year nineteen hundred and fourteen, is hereby further 
amended, in the tenth clause, by striking out the word 
"seals", in the fourth line, and inserting in place thereof 
the words: — pairs of number plates, — in the next to the 
last clause, by inserting after the third and twenty-fourth 
words the word: — automobile, — and in the last clause by 
striking out the first forty-six words and inserting in their 
place the words : — For every additional motor cycle number 
plate furnished to replace such plates as have been lost or 
mutilated, or which are illegible, and for every additional 
motor cycle number plate furnished to a manufacturer of or 
dealer in motor cycles whose business requires more than 
ten pairs of such plates, — so that said clauses shall read 
as follows : — 

For the registration of all of the motor cycles owned by 
or under the control of a manufacturer of or dealer in motor 
cycles who does not manufacture or deal in automobiles, in- 
cluding ten pairs of number plates to be furnished with the 
certificate of registration, ten dollars. 

For every additional automobile number plate furnished 
to replace such plates as have been lost or mutilated, or 
which are illegible, and for every additional automobile 
number plate furnished to a manufacturer of or dealer in 
motor vehicles whose business requires more than five pairs 
of such plates, seventy-five cents. 

For every additional motor cycle number plate furnished 
to replace such plates as have been lost or mutilated, or 
which are illegible, and for every additional motor cycle 
number plate furnished to a manufacturer of or dealer in 
motor cycles whose business requires more than ten pairs 
of such plates, fifty cents: promded, however, that the com- 
mission or its authorized agents may furnish without charge 
copies of certificates of registration and licenses to operate, 
and copies of other documents relating thereto, to officers of 
the commonwealth or of any court thereof or of a city or 
town therein; and the commission may issue certificates of 
registration for motor vehicles and licenses to operate the 
same to any member of the foreign diplomatic corps without 
the payment of the fees therefor. 

Section 9. This act shall take effect upon its passage. 

ApiJwved February 18, 1915. 



General Acts, 1915. — Chaps. 17, 18. 21 



An Act relative to the efficiency and regulation of (jjiQ^p^ 17 

PILOTAGE in the HARBOR OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter sixty-seven r. l. 67,§28, 
of the Revised Laws is hereby amended by striking out the 
words " Steam vessels reguUited by the laws of the United 
States and carrying a pilot commissioned by United States 
commissioners ", in the first, second and third lines, and in- 
serting in place thereof the words: — All coastwise steam 
vessels not sailing under register, — so as to read as follows: 
■ — Section 28. All coastwise steam vessels not sailing under RoRuiationof 
register, vessels regularly employed in the coasting trade, Boston harbor. 
fishing vessels other than whalers, vessels of less than seven 
feet draught of water, vessels bound into the harbor of 
Boston and otherwise liable to pilotage, which arrive within 
a line drawn from Harding's Ledge to the Graves and thence 
to Nahant Head before the services of a pilot have been 
offered, and vessels under three hundred and fifty tons 
register bound out of the port of Boston, shall be exempt 
from the compulsory payment of pilotage, but if any such 
vessel requests the aid of a pilot, he shall serve the same in 
like manner as vessels which are not exempt, and shall be 
entitled to the regular compensation therefor. 

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

Approved February 18, 1915. 



An Act relative to the fixing of a tax limit in cities. (Jjidj) 18 

Be it enacted, etc., as folloivs: 

Section L Section nineteen of chapter seven hundred amended.^ ^^' 
and nineteen of the acts of the year nineteen hundred and 
thirteen is hereby amended by striking out the words "in 
any year succeeding the adoption of such ordinance", in the 
tenth and eleventh lines, and by striking out the last sentence 
of said section and inserting in place thereof the follow- 
ing : — The mayor, or in cities having a commission form 
of government, so-called, the commissioner or director of 
finance may request a change in the tax limit as then existing 
or the fixing of a limit, and when such request is submitted 
in writing to the city council, the city council shall im- 
mediately order a public hearing to be held in not less than 
seven days thereafter relative to the fixing of a tax limit, and 



22 



General Acts, 1915. — Chap. 18. 



Tax limit in 
cities. 



Change, how 
made. 



if such hearing shall have been held the council may by ordi- 
nance fix a limit or abolish a limit previously established, and 
such ordinance shall remain in force until further modified, as 
above provided; but no tax limit shall be established or 
changed except during the period between the first day of Jan- 
uary and the first day of May in any year. Said ordinance 
shall be passed only by a two thirds vote of the city council 
or other governing body of the city, — so as to read as fol- 
lows: — Section 19. Within ninety days after the paj>sage 
of this act the city council or other governing body of every 
city, except Boston, shall give a public hearing in regard to 
establishing a tax limit for that city. The time and place 
of holding such hearing shall be duly advertised, and, after 
the hearing, any city, except Boston, may provide by ordi- 
nance that the taxes assessed on property therein, exclusive 
of the state tax and other amounts assessed upon the city 
by the commonwealth, the county tax and sums required 
by law to be raised on account of the city debt, shall not 
exceed an amount specified in the ordinance on every one 
thousand dollars of the average of the assessors' valuation of 
the taxable property therein for the preceding three years, 
such valuation being first reduced by the amount of all 
abatements allowed thereon previous to the thirty-first day 
of December in the year preceding said assessment; and the 
tax limit so established by ordinance shall have the force of 
law until it is annulled or modified by the action of the city 
council or other governing body of the city. The mayor, 
or in cities having a commission form of government, so- 
called, the commissioner or director of finance may request 
a change in the tax limit as then existing or the fixing of a 
limit, and when such request is submitted in writing to the 
city council, the city council shall immediately order a public 
hearing to be held in not less than seven days thereafter 
relative to the fixing of a tax limit, and if such hearing shall 
have been held the council may by ordinance fix a limit or 
abolish a limit previously established, and such ordinance 
shall remain in force until further modified, as above pro- 
vided ; but no tax limit shall be established or changed except 
during the period between the first day of January and the 
first day of May in any year. Said ordinance shall be 
passed only by a two thirds vote of the city council or other 
governing body of the city. 

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

Approved February 19, 1915. 



General Acts, 1915. — Chaps. 19, 20. 23 



An Act relative to the operation of motor cycles. Chap. 19 

Be it enacted, etc., as folloivs: 

Chapter four hundred and twenty of the acts of the year i9i4, 420, 
nineteen hundred a ad fourteen is hereby amended by insert- '*"'°° 
mg after section three the following section: — Section 4- ^'''^^^^^''^■ 
Whoever violates the provisions of this act shall be subject 
to the same penalties and punishments as are imposed for 
like offences by or under the provisions of sections eighteen, 
nineteen, twenty, twenty-one, twenty-two and twenty-three 
of chapter five hundred and thirty-four of the acts of the 
year nineteen hundred and nine, and acts in amendment 
thereof. Approved February 22, 1915. 

An Act relative to the manufacture, distribution and Chap. 20 

SALE OF GAS AND ELECTRICITY. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred of chapter seven hun- loii, 742, § 100, 
dred and forty-two of the acts of the year nineteen hundred ''™^" 
and fourteen is hereby amended by striking out the word 
"commissioners", in the twenty-eighth and jfifty-sixth lines, 
8nd inserting in each instance, in place thereof the word: — 
board. 

Section 2. Section one hundred and forty-eight of said amendtd.^ ^^^' 
chapter is hereby amended by inserting after the word 
"held", in the fourteenth line, the following sentence: — 
Such trustees shall also within thirty days after the adoption 
of any amendment of such instrument or declaration file a 
copy thereof with the board, the said commissioner and said 
clerk, — so as to read as follows: — Section I48. Trustees certain 
of a voluntary association under a written instrument or tmstTobc^"^ 
declaration of trust the beneficial interest under which is filed, etc. 
divided into transferable certificates of participation or 
shares, who own or control a majority of the capital stock of 
a gas or electric company, shall file a copy of such written 
instrument or declaration of trust with the board, the com- 
missioner of corporations and the clerk of every city or town 
in which such association has a usual place of business, 
and shall annually, on or before the first day of April, file 
with the commissioner of corporations and with the board a 
statement showing tlie number of shares of such company 
owned or controlled by them and the stockholders of record 



24 



General Acts, 1915. — Chaps. 21, 22. 



Penalty. 



on the books of such company in whose names such shares 
are held. Such trustees shall also within thirty days after 
the adoption of any amendment of such instrument or 
declaration file a copy thereof with the board, the said com- 
missioner and said clerk. Every such trustee who fails to 
comply with the foregoing requirements shall for such 
failure be liable to a fine of not more than five hundred dol- 
lars or to imprisonment for the term of three months. 
Section 3. This act shall take effect upon its passage. 

Approved February 22, 1915. 



Chap. 21 An Act relative to the supervision of water com- 
panies BY THE BOARD OF GAS AND ELECTRIC LIGHT COM- 
MISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Sections six, seven and eight of chapter seven 
hundred and eight\^-seven of the acts of the year nineteen 
hundred and fourteen are hereby repealed. 

Section 2. Chapter six hundred and sixty of the acts 
of the year nineteen hundred and thirteen is hereby amended 
by striking out section one and inserting in place thereof the 
following: — Section 1. In all proceedings conducted by the 
board of gas and electric light commissioners in accordance 
with the law relating to the petition of any water company 
for authorization to issue capital stock or bonds, and in all 
matters connected with the determination by said board of 
any question relating thereto and before any such authoriza- 
tion is given, said board may require and the state depart- 
ment of health shall, without charge, furnish to said board 
engineering services and advice for its assistance and guidance 
in such proceedings. 

Section 3. Sections two and three of chapter six hun- 
dred and sixty of the acts of the year nineteen hundred and 
thirteen are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved February 22, 1915. 



1914, 787, §§ 6, 
7, 8, repealed. 



1313, 660, § 1, 
amended. 



State 

department 
of health to 
furnish free 
engineering 
service.s, etc., 
in certain 
cases. 



Repeal. 



Chap. 22 An Act rel.\tive to licensing retail dk\lers in chopped 

MEATS AND SAUSAGES. 

Be it enacted, etc., a.s follows: 

Section 1. The provisions of chapter three hundred and 
twenty-five of the acts of the year nineteen hundred and 



1914, 32.5, 
amended 



General Acts, 1915. — Chaps. 23, 24, 25. 25 

fourteen, requiring a license for the manufacture of sausages 

or chopped meat, shall not apply to retail dealers in chopped ^t' g^^age 

meats and unsmoked sausages who manufacture the same dealers not to 

. . " be licensed as 

for their retail trade. manufacturers. 

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

Approved February 23, 1915. 

An Act relative to the duties and powers of con- (Jjidp 23 

SERVATORS. 

Be it enacted, etc., as follows: 

Section 1. Conservators appointed under the provisions Certain 

n .. Pi pi j_ 1 11 ipj_r» P-l1 conservators to 

or section forty oi chapter one hundred and lorty-hve or the have powers of 
Revised Laws and acts in amendment thereof or in addition s"^'''^'^^'^®' *'*''• 
thereto shall have the powers, and perform the duties, except 
as to the custody of the person, of guardians of insane 
persons. All provisions of law relating to the jurisdiction 
of the probate court over the estates of persons under 
guardianship as insane persons shall be applicable to the 
estates of persons under conservatorship. 

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

Approved February 23, 1.915. 

An Act to authorize the service by registered mail Chap. 24 

OF ALL petitions IN THE PROBATE COURT. 

Be it enacted, etc., as foJloivs: 

Section 1. Whenever personal service is required of any Service of aii 
citation issued by the probate court, the court may direct the'probat" 
such service to be made by registered mail addressed to the macule by ^ ''" 
party entitled thereto at his post office address. Further ml-f"'"'''^ 
service may be ordered in any case. 

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

Approved February 23, 1915. 

An Act relative to the powers of cities and towns in (Jhai) 25 
respect to playgrounds and physical education. 

Be it enacted, etc., as follows: 

Section 1 . Section nineteen of chapter twenty-eight of ^- ^■?^: 5 19. 

i-r»-iT 111 • 'i»i amended. 

the Revised Laws, as amended by section one or chapter 
five hundred and eight of the acts of the year nineteen hun- 
dred and ten, is hereby further amended by inserting after 
the word "city", in the sixth line, the words: — or town, 
— by inserting after the word "education", in the eighth 



26 



General Acts, 1915. — Chap. 25. 



Proviso. 



Powers of 
cities and 
towns in 
respect to 
playgrounds, 
etc. 



Proviso. 



City council 
to name 
governing 
body. 



line, the words: — and may construct and maintain build- 
ings therefor on any public playground owned by the city 
or towTi in fee or on any other land suitable for the purpose 
owned by the city or town in fee, and such a building may 
also be used for to^ii meetings, and, subject to the con- 
ditions and terms prescribed by the board controlling the 
building, may be used for such other public or social or edu- 
cational purposes as the board may deem Avise: proinded, 
however, that such other public, social or educational uses 
shall not interfere with its regular use as a gymnasium, — by 
striking out the words "this purpose", in the said eighth 
line, and by inserting in place thereof the words: — these 
purposes, — and by inserting after the word "them", in the 
seventeenth line, the words: — or any one or more mem- 
bers of all or any two of these boards, — so as to read as 
follows: — Section 19. Any city or town may acquire land 
within the municipal limits, in fee or otherwise, by gift, 
purchase, or by the right of eminent domain, or may lease 
the same, and prepare, equip and maintain it, or any other 
land belonging to the city or town and suitable for the 
purpose, as a public playground; and may conduct and 
promote thereon play, sport and physical education, and 
may^ construct and maintain buildings therefor on any 
public playground owned by the city or town in fee or on 
any other land suitable for the purpose owned by the city or 
tow in fee, and such a building may also be used for town 
meetings, and, subject to the conditions and terms pre- 
scribed by the board controlling the building, may be used 
for such other public or social or educational purposes as 
the board may deem wise: fromded, however, that such 
other public, social or educational uses shall not interfere 
with its regular use as a gymnasium; and for these purposes 
may appropriate money and may employ such teachers, 
supervisors and other officials as it deems best, and may 
determine their compensation. Except in the city of Boston 
and except as to making appropriations, the above powers 
shall be exercised by the board of park commissioners, or 
by the school committee or by a playground commission 
appointed by the mayor or the selectmen, or may be dis- 
tributed between the board of park commissioners, the 
school committee and such playground commission or any 
of them or any one or more members of all or any two of 
these boards accordingly as the city council or the town 
may decide. Until the city council or the town determines 



General Acts, 1915. — Chaps. 26, 27. 27 

which of the above bodies shall exercise said powers they 
shall remain in the body now exercising them. Within 
sixty days after the taking of land, under the provisions of 
this section, the body taking the land shall file and cause to 
be recorded in the registry of deeds for the county or dis- 
trict in which the land lies a description thereof sufficiently 
accurate for identification and a statement of the purpose 
for which it was taken. 
Section 2. This act shall take effect upon its passage. 

Ayinoved February 25, 1915. 

An Act to authorize clerks and registers of courts nhn^y ofi 
TO use facsimile signatures in the issuing of 

PROCESS. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred ^j^^j^g^j' ^ '*• 
and sixty-foLir of the Revised Laws is hereby amended by 
inserting after the word "commonwealth", hi the fifth line, 
the words : — • A facsimile of his signature imprinted by him 
on all such warrants, letters and licenses and all processes 
except executions shall have the same validity as his written 
signature, — so as to read as follows: — Section 14- He cierksand 
may issue process of attachment and of execution, and all counr''"^ 
other processes and all warrants, letters and licenses wln'ch 
may be necessary to carry into efl'ect any order or decree 
of the courts, and they may run into any county and shall 
be executed and obeyed throughout the commonwealth. 
A facsimile of his signature imprinted by him on all such 
warrants, letters and licenses and all processes except execu- 
tions shall have the same validity as his written signature. 
He may appoint appraisers to make any inventory which 
may be required to be returned to said courts. 

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

Approved March 2, 1915. 

An Act relative to the moving by women of boxes (JJiaj) 27 

AND other receptacles IN MILLS AND WORKSHOPS. 

Be il enacted, etc., as follows: 

Section one of chapter four Inuidred and twenty- six of loi'i, 420, § i, 
the acts of the year nineteen hundred and thirteen, as 
amended by chapter two hundred and forty-one of the 
acts of the year nineteen hundred and fourteen, is hereby 



may 
use facsimile 
signature, etc. 



28 



General Acts, 1915. — Chap. 28. 



Boxes, etc., to 
be provided 
with pulleys 
or casters. 



further amended by inserting after the word "pulleys", 
in the fifth line, the word : — or, — and by striking out the 
words "or some other mechanical device", in the fifth and 
sixth lines, so as to read as follows : — Section 1 . Boxes, 
baskets and other receptacles which with their contents 
weigh seventy-five pounds or over and which are to be 
moved by fem.ale employees in any manufacturing or me- 
chanical establishment, shall be provided with pulleys or 
casters connected with such boxes or other receptacles so 
that they can be moved easily from place to place in such 
establishments. Approved March 2, 1915. 



R. L. 131, § 4, 
amended. 



Certain prop- 
erty not to be 
exempted from 
sale for taxes, 
etc. 



Chap. 28 An Act relative to the sale or transfer of homestead 

ESTATES BY ORDER OF THE PROBATE COURT. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and 
thirty-one of the Revised Laws is hereby amended by 
adding at the end thereof the following: — nor shall such 
homestead estate be exempt from levy and sale upon an 
execution issuing from a probate court to enforce its decree 
that a husband shall pay a certain amount weekly or other- 
wise to support his wife or minor children or minor child, 
— so as to read as follows: — Section 4- No property shall, 
by virtue of the provisions of this chapter, be exempt from 
sale for taxes, or from levy for a debt contracted for the 
purchase thereof, or for a debt contracted before the deed 
or writing required by section two is recorded, or before the 
estates of homestead mentioned in the preceding section 
were acquired; nor shall buildings on land which is not 
o^^med by the householder be exempt from sale or levy 
for the ground rent of the lot of land whereon they stand; 
nor shall such homestead estate be exempt from levy and 
sale upon an execution issuing from a probate court to enforce 
its decree that a husband shall pay a certain amount weekly 
or otherwise to support his wife or minor children or minor 
child. 

Section 2. In a case in which the probate court has 
entered a decree that a wife is living apart from her husband 
for justifiable cause, or the custody of his minor children or 
minor child has been decreed to some person other than 
him, and the husband owns or holds a homestead estate, the 
probate court may by its decree grant to his wife or minor 
children, or to both, the right to use, occupy and enjoy such 



Wife or minor 
children may 
use homestead 
estate of 
husband in 
certain cases. 



General Acts, 1915. — Chaps. 29, 30. 29 

homestead estate until the further order of the court. The Order of court . 

,.„,,„, , . , when recorded, 

recording or the order or the probate court granting to the to prevent 
wife or mhior children, or to both, the right to use, occupy estate.'etc. 
and enjoy said homestead estate, together with a description 
of the estate, m the registry of deeds for the county or 
district where the land lies, shall operate to prevent the 
husband from disposing of said estate until such time as 
the probate court may revoke its decree granting the right 
to use, occupy and enjoy the same to his said wife or minor 
children as provided herein. 

Section 3. This act shall take effect upon its i)assage. 

Ai^yroved March 2, 1015. 

An Act to authorize the county of Plymouth to incur Chap. 29 

ADDITIONAL INDEBTEDNESS FOR COMPLETING AND FURNISH- 
ING AN ADDITION TO THE COURT HOUSE AT PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of Kymoufh may 
Plymouth are hereby authorized to borrow on the credit of {'o°"°mp'ietr^ 
the countv a sum not exceeding ten thousand dollars for the ct^., addition 

. 1 (. • 1 • IT- 1 *° court house. 

purpose or completing and turnishmg an addition to the 
court house at Plymouth, now in process of construction. 
The indebtedness hereby authorized shall be paid out of the 
amounts raised by taxation at the rate of not less than one 
thousand dollars each year, beginning with the year nineteen 
hundred and sixteen, until the whole indebtedness is paid, 
and shall bear interest, payable semi-annually, at a rate 
not exceeding four per cent per annum. 

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

Aiyproved March 2, 1015. 

An Act relative to the publication of the records of Chap. 30 

MASSACHUSETTS SOLDIERS IN THE CIVIL WAR. 

Be it enacted, etc., as follows: 

Section three of chapter four hundred and seventy-five isoo, 475, § 3. 
of the acts of the year eighteen hundred and ninety-nine *""'" 
is hereby amended by striking out the words "to what 
municipality assigned or on what quota service was rendered, 
date of muster-in", in the nineteenth, twentieth and twenty- 
first lines, and also by striking out the last sentence of said 
section, so as to read as follows: — Section 3. The com- Publication of 

.. 1. . n .. ... ,1 ii'j.* i" 1 the records of 

mission may direct from time to time the publication or such Massachusetts 



30 General Acts, 1915. — JI)hap. 31. 

^hfi w* *° ^^^ parts of the records as are then prepared, and maj'- provide 
for the same as it may deem best. The compensation of 
the compiler in charge of the preparation of the records, and 
of his assistants, and of any clerks or persons employed by 
the authority of said commission, shall be fixed by the 
governor and council. Suitable quarters shall be assigned in 
the state house for the purpose of preparing said records, in 
connection, if possible, with the offices occupied by the 
adjutant general. The records so prepared shall be published 
in book form, including a complete roster of all the regi- 
ments, parts of regiments, batteries -and imattached com- 
panies, and a list of all who served in the navy of the United 
States in the war of the rebellion, said publication to contain 
the following particulars, and such other information as 
shall be determined by the commission, of the records of 
each officer, soldier, sailor and marine. The name, residence 
at enlistment, date of enlistment, rank, promotion, wounds 
received, date of discharge, muster-out, and such other facts, 
obtained by correspondence or otherwise, as shall make the 
same, as far as practicable, a complete military record. 

Aiiiirovcd March 2, 1915. 

Chap. 31 An Act to authorize the use of armories for election 

PURPOSES AND FOR TOWN MEETINGS. 

Be it enacted, etc., as follows: 

1908, 604, § 140. Section 1. Section one hundred and forty of chapter 
e c, am . ^.^ huudrcd and four of the acts of the year nineteen hundred 
and eight, as amended by section one of chapter seven 
hundred and fifty-two of the acts of the year nineteen hmi- 
dred and fourteen, is hereby further amended by adding at 
the end thereof the following: — Elections, primaries or 
caucuses, and to^\^l meetings, ■ — so as to read as follows : — 
b^"sed fo*?^^ Sectioti 140. Armories provided for the militia shall not be 
certain public ^ged cxcept by the organized militia for such military purpose 
or purposes incidental thereto as may be designated by 
Proviso. the commander-in-chief: provided, hoivever, that the com- 

mander-in-chief, upon terms and conditions to be prescribed 
by him and upon an application appro^'ed by the military 
custodian of an armory, may allow the temporary use of 
such armory for public purposes at such times and in such 
manner as not to interfere with the military use thereof. 
The compensation for every such temporary use shall be 
fixed by the armory commission, subject to the approval of 
the commander-in-chief, and shall, except as otherwise 



General Acts, 1915. — Chaps. 32, 33. 31 

provided herein, be at least sufficient to cover all expenses of 
lighting, heating, guarding and cleaning the armory and 
similar expenses, and shall be paid to the military custodian 
of the armory before the occupation of the armory for such 
temporary use. The compensation as fixed shall be collected 
by the military custodian and forwarded to the adjutant 
general, who shall pay the same into the treasury of the 
commonwealth at least once in every thirty days. 

As used in this section the words "pu])lic purposes" shall p°^p^'^^i'^^''' 
include:— defined. 

An examination conducted by the state civil service com- 
mission; 

A meeting of a board of trade, a chamber of commerce or 
an occupational organization, or a meeting to raise funds for 
any non-sectarian charitable or non-sectarian educational 
purpose; 

A meeting to raise funds for a benefit association of police- 
men or firemen; 

Elections, primaries or caucuses, and to\^ai meetings. 

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

Apiyromd March 2, 1915. 

An Act relative to life insurance by savincxS banks. Chap. 32 
Be it enacted, etc., as follows: 
Section 1. Section ten of chapter five hundred and i'^^^- s.'^ii § 'O- 

. 1111 amended. 

Sixty-one of the acts of the year nmeteen hundred and seven 

is hereby amended by striking out the words "five hundred", 

in the second line, and inserting in place thereof the words: — 

one thousand, — so as to read as follows: — Section 10. No Writing of life 

savings and insurance bank shall write any policy binding it savingrbanL. 

to pay more than one thousand dollars, exclusive of dividends 

or profits, upon the death of any one person, nor any annuity 

contract binding it to pay in any one year more than two 

hundred dollars, exclusive of dividends or profits. 

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

Ap2^roved March 2, 1915. 

An Act relative to the time within which actions Chav. 33 

MAY be brought AGAINST AN ADMINISTRATOR APPOINTED 
to SUCCEED AN EXECUTOR OR ADMINISTRATOR. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter one hundred R. l. hi.jit, 
and fortj^-one of the Revised Laws, as amended by section 



32 General Acts, 1915. — Chap. 34. 

seven of chapter six hundred and ninety-nine of the acts of 
the year nineteen hundred and fourteen, is hereby further 
amended by striking out the words " and for a time not less 
than six months in any event", in the seventh and eighth 
lines, and inserting in place thereof the words: — proinded, 
hmvever, that such new administrator shall be liable to the 
action of a creditor whose claim is not barred at the time of 
the appointment of such new administrator for not less than 
six months from the date of his appointment, — and by 
striking out the words "one of this chapter", in the last line, 
and inserting in place thereof the words : — nine of chapter 
one hundred and forty-one of the Revised Laws as amended 
by section three of chapter six hundred and ninety-nine of 
the acts of the year nineteen hundred and fourteen, — so 
Time within as to read as follows: — Section 17. If an executor or ad- 
may brbroSght ministrator dies, resigns or is removed, without having fully 
aEistrrtor". administered the estate of the deceased, and a new ad- 
ministrator is appointed, such new administrator shall be 
liable to the action of a creditor for one year, less the time 
during which the preceding executors or administrators, 
having given due notice of their appointment, were in office: 
Proviso. inoimled, hoioever, that such new administrator shall be 

liable to the action of a creditor whose claim is not barred at 
the time of the appointment of such new administrator for 
not less than six months from the date of his appointment. 
The court may allow further time for bringing actions, as 
provided in section nine of chapter one hundred and forty- 
one of the Revised Laws as amended by section three of 
chapter six hundred and ninety-nine of the acts of the year 
nineteen hundred and fourteen. 
Jff™t,°itc*'''"^ Section 2. This act shall take effect upon its passage, 
but shall not apply to the estates of persons who die before 
the date of its passage. Approved March 8, 1915. 

ChaV 34 ^N ^^'^ RELATIVE TO THE TAX ASSESSMENT OF DOMESTIC 

TELEPHONE COMPANIES. 

Be it enacted, etc., as follows: 
1909 490, Part Section 1. Part III of chapter four hundred and ninety 
amended. ' of the acts of the year nineteen hundred and nine, as amended 
by section six of chapter one hundred and ninety-eight of 
the acts of the year nineteen hundred and fourteen, is hereby 
further amended by inserting after the word "a", in the 
fifth line of the second clause of section forty-one, the words: 



General Acts, 1915. — Chaps. 35, 30. 33 

— domestic or, — so that the said clause will read as fol- 
lows: — Second. In case of such a domestic telephone Tax assessment 
company, the amount and market value of all stock in other telephone 
corporations held by it upon which a tax has been paid ^°"'^'^^'^- 
in this or other states for the twelve months last preceding 
the date of the return; and in case of such a domestic or 
foreign telephone company, so much of the value of its 
capital stock as is proportional to the number of telephones 
used or controlled by it, or under any letters patent owmed 
or controlled by it without the commonwealth. In case of 
a telephone company, whether chartered or organized in 
this commonwealth or elsewhere, the value of its works, 
structures, real estate, machinery, poles, underground con- 
duits, wires and pipes, subject to local taxation within the 
commonwealth . 
Section 2. This act shall take effect upon its passage. 

Ayioroved March 4, 1015. 

An Act to provide for printing the reports of boards qJku) 35 
OF parole. 

Be it enacted, etc., as folJmvs: 

Section 1. The board of parole for the state prison and p°roie\o^ 
the Massachusetts reformatorv, and the board of parole for annually make 

,, 111 111 reports, etc. 

the reformatory prison lor women shall annually make a 
report to the general court, and one thousand copies of each 
report shall be printed. 
Section 2. This act shall take effect upon its passage. 

Aiyproved March 4, 1915. 

An Act relative to the nomination at primaries of (Jfmp^ 3g 
persons whose names are not printed on the 

BALLOT. 

Be it enacted, etc., as Jolloivs: 

Section two hundred and fifty-nine of chapter eight ion, S35 § 259, 
hundred and thirty-five of the acts of the year nineteen 
hundred and thirteen is hereby amended by inserting after 
the word "office", in the twenty-first line, the following: — 
but no person who is a candidate for a political office at a Arrangement 
primary and whose name is not printed on the ballot therefor, the"officfa°" 
shall be deemed to be nominated unless he receives a number ''''*"•'*■ 
of votes equal to or exceeding the number of signatures 
which would be required by law to place his name on the 



34 



General Acts, 1915. — Chap. 36. 



Designation for 
representative 
in congress. 



Nomination at 
primaries of 
persons whose 
names are not 
printed on 
the ballot. 



Special ballots. 



Marking 
of ballots, 
directions 
for, etc. 



Official 
endorsement. 



ballot as a candidate at such primary election, — so as to 
read as follows : — Section 259. The names of candidates 
for every state, city and town office, except the names of 
candidates for presidential electors, shall be arranged under 
the designation of the office in alphabetical order accord- 
ing to the surnames, except that for municipal offices in 
Boston the names of candidates for the same office shall be 
printed upon the official ballot in the order in which they 
may be drawn by the board of election commissioners, as 
provided in section fifty-seven, chapter four hundred and 
eighty-six of the acts of the year nineteen hundred and nine ; 
but the names of candidates for the same office but for 
different terms of service therein shall be arranged in groups 
according to the length of their resjiective terms, and the 
names of candidates nominated by single wards but to be 
voted for at large shall be arranged in groups by wards. 
In the case of the office of representative in congress, the 
designation may be "congressman". Blank spaces shall be 
left at the end of the list of candidates for each different 
office, equal to the number to be elected thereto, in which 
the voter may insert the name of any person not printed on 
the ballot for whom he desires to vote for such office; but 
no person who is a candidate for a political office at a primary 
and whose name is not printed on the ballot therefor, sliall 
be deemed to be nominated unless he receives a number of 
votes equal to or exceeding the number of signatures which 
would be required by law to place his name on the ballot 
as a candidate at such primary election. If the approval 
of a constitutional amendment or any other question is 
submitted to the voters, it shall be printed on the ballot after 
the names of the candidates. 

Special ballots containing only the names of candidates 
for school committee shall also be prepared in like manner 
and printed for the use of women qualified by law to vote for 
school committee. 

Ballots shall be so printed as to give to each voter an 
opportunity to designate by a cross [X], in a square at the 
right of the name and designation of each candidate, and at 
the right of each question, his choice of candidates and his 
answer to such question; and upon the ballots may be 
printed such directions as will aid the voter: for example, 
"vote for one", "vote for two", "yes", "no", and the like. 
On the back and outside of each ballot when folded shall be 
printed the words, "Official Ballot for", followed by the 



General Acts, 1915. — Chaps. 37, 38. 35 

designation of the voting precinct or to^^^l for which the 
ballot is prepared, the date of election, and a facsimile of 
the signature of the secretary of the commonwealth, or city 
or town clerk, in Boston a facsimile of the signatures of the 
election commissioners, who has caused the ballot to be pre- 
pared. Special ballots shall have the additional indorse- 
ment, "For School Committee only". 

A'pproved March 6, 1915. 

An Act relative tu the flag of the commonwealth. Chap. 37 
Be it enacted, etc., as J allows: 

Section 1. Chapter two hundred and twenty-nine of the ^^^^;^^;^j 
acts of the year nineteen hundred and eight is hereby amended 
by striking out all after the word "field", in the sixth line, 
so as to read as follows: — The flag of the commonwealth Do.sign for the 
of Massachusetts shall bear on one side a representation of commonwealth. 
the eoat-of-arms of the commonwealth, as prescribed by 
section one of chapter two of the Revised Laws, upon a white 
field, and on the other side a blue shield bearing a representa- 
tion of a green pine tree, upon a white field. 

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

Ayiyrofoed March 6, 1915. 

An Act to authorize co-operative banks to advertise (Jfiap, 38 

THEIR BILINCH OFFICES. 

Be it enacted, etc., as follows: 

Section nine of chapter six hundred and twenty-three of 1912, 623, § 9, 
the acts of the year nineteen hundred and twelve is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following : — and the bank may advertise its 
branch in such manner as the commissioner may prescribe, — 
so as to read as follows: — Section 9. The officers shall hold co-operative 

, 1 • 1 • • banks may 

stated monthly meetmgs at any place ni the city or town m advertise their 

which the bank is located and its usual business shall be 

transacted at its office only, Avhicli shall be in the city or 

town named in its agreement of association; but moneys 

due the bank may be collected by the treasurer, or other 

person duly empowered by the directors, upon such days 

and in such other places as may be designated by vote of 

the directors and approved by the bank commissioner, and 

the bank may advertise its branch in such manner as the 

commissioner may prescribe. Approved March 6, 1915. 



36 



General Acts, 1915. — Chaps. 39, 40. 



1911, 628, § 12, 
etc., amended. 



Membership 
in fraterna 



Chap. 39 An Act relative to membership in fraternal and 

BENEFICIARY CORPORATIONS. 

Be it enacted, etc., as follows: 

Clause h of section twelve of chapter six hundred and 
twenty-eight of the acts of the year nineteen hundred and 
eleven, as amended by section two of chapter six hundred 
and seventeen of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by inserting after the 
word "employees", in the fifth line of the said clause h, 
the words: — or ex-employees, — so that the said clause 
h will read as follows : — h. In case the corporation limits 
cor'^ oratious"'^^ ^^^ membership to the members of a particular fraternal 
beneficiary corporation, fraternity or religious denomination, 
or to the employees or ex-emploj^ees of cities or towns or 
of the commonwealth or the federal government, or to the 
employees or ex-employees of a designated firm, business 
house or corporation, or of any department of a designated 
firm, business house or corporation, to persons of the same 
foreign extraction retaining common national interests and 
designation, or of the same occupation, the agreement of 
association shall state the maximum amount of the benefits 
to be paid, and designate to which one of the classes herein 
specified its membership is to be limited. A corporation 
so limiting its membership may be on the lodge system, and 
if not, shall be governed by a direct vote of its members 
without the lodge system; but a corporation not so limiting 
its membership shall be on the lodge system, with a represen- 
tative form of government as defined in sections two and 
three of this act. Approved March S, 1915. 



Chap. 40 An Act to exempt from taxation certain property of 

THE volunteer MILITIA. 

Be it enacted, etc., as folloivs: 
Certain Section 1. Real estate owned by or held in trust for a 

property of the . i • i • i> i 

volunteer regimciit, corps, company or other organized unit of the 

exempted from vohuitcer militia and used exclusively for military purposes, 
and tangible personal property OAviied by such an organized 
unit of the volunteer militia and used by it or its members 
exclusivel}^ for military purposes, shall be exempt from 
taxation in any year in which the trustee or a competent 
officer of the organization OAvniiig such property brings into 



General Acts, 1915. — Chaps. 41, 42. 37 

the assessors the hst and statement required by section 
forty-one of Part I of chapter four hundred and ninety of 
the acts of the year nineteen hundred and nine, and acts in 
amendment thereof. 

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

Ajiproved March 8, 1915. 

An Act to PROvroE for the appointment of a clerk qJkijj ^i 

IN the probate office for the county of MIDDLESEX. 

Be it enacted, etc., as follotvs: 

Section 1.' The register of probate and insolvency forcierkinthe 
the county of Middlesex may, with the apj^roval of the Fo^MWdiisex 
judges of probate for said county, appoint a clerk who shall poki'tmeXetc. 
receive a salary of fourteen hundred and eighty-five dollars 
a year, payable from the approi)riation allowed the register 
of probate by the commonwealth as provided by chapter 
three hundred and eighty-six of the acts of the year nineteen 
hundred and thirteen. 

Section 2. Said clerk may administer such oaths re- powers. 
quired in probate proceedings as are not prescribed by law ''"*"^'^**'- 
to be administered by the judge or register, and shall perform 
such clerical and other duties as may be reqviired by the 
register, with the approval of the judges, and he may be re- 
moved by the register with the consent and approval of 
the judges in the manner provided by chapter three hundred 
and fourteen of the acts of the year nineteen hundred and 
four and acts in amendment thereof and in addition thereto. 

Section 3. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 9, 1915. 

An Act relative to the number of members of ward Chap. 42 
and town political committees. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-nine of chapter eight hundred etc^' amended 
and thirty-five of the acts of the year nineteen hundred and 
thirteen, as amended by section thirteen of chapter seven 
hundred and ninety of the acts of the year nineteen hundred 
and fourteen, is herel:»y further amended by striking out the 
words "nor more than seven", in the first paragraph, so 
that the said paragraph will read as follows : — Each political 



38 



General Acts, 1915. — Chap. 43. 



Ward and town party sliall, ill every ward and to^^^^, annually elect at the 

eiect^n,^'" statc primaries, a committee to be called a ward or a town 

term, etc. committec, to consist of not less than three persons, who shall 

hold office for one year from the first day of January next 

following their election and until their successors shall have 

organized. 

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

Approved March 9, 1015. 



Chap. 43 An Act to establish the bushel weight of fine salt. 
Be it enacted, etc., as follows: 



R. L. 62, § 4, 
etc., amended 



of certain 

commodities, 

established. 



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 ten, by chapter two 
hundred and eighty-four of the acts of the year nineteen hun- 
dred and twelve, and by chapter one hundred and se\'enty-six 
of the acts of the year nineteen hundred and thirteen, is 
hereby further amended by striking out the words "of fine 
salt, fifty pounds", hi the thirteenth line, and inserting in 
place thereof the Avords : — of fine salt, seventy pounds, — 
Bushel weight SO as to read as follows: — Section I^, The bushel of Avlieat 
shall contain sixty pounds; of Indian corn or of rye, fifty-six 
pounds; of barley, forty-eight pounds; of oats, thirty-two 
pounds; of corn meal, fifty pounds; of rye meal, fifty pounds; 
of 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, seventy 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-three pounds; of 
rough rice, forty -four jjounds; 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 



General Acts, 1915. — Chaps. 44, 45. 39 

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 sliell beans, twenty-eight 
pounds; of unshelled green peas, twenty-eight pounds; of 
dandehons, twelve pounds; of spinach, twelve pounds; of 
beet greens, twelve pounds; of kale, twelve pounds; and of 
parsley, eight pounds. Approved March 9, 1915. 

An Act to authorize towns to appropriate money to Chav. 44 

BE PAID TO HOSPITALS FOR THE RECEPTION, CARE AND 
TREATMENT OF CERTAIN PERSONS. 

Be it enacted, etc., as follows: 

Section 1. Any town not maintaining or managing a Towns may 
hospital may annually appropriate a sum not exceeding five mo'^[ey'to*be 
hundred dollars, to be paid to a hospital established in such hospitals for 
town or in the vicinity thereof, for the establishment and el" '^orcertaln 
maintenance of a free bed in the hospital for the care and persons. 
treatment of persons certified by the selectmen of such town 
to be residents of the town and unable to pay for such care 
and treatment. 

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

ApiJTOved March 9, 1915. 

An Act relative to the powers and duties of the Chav 45 
commissioner of public records. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter thirty-five of the r. l. 35, §3, 
Revised Laws, as amended by section two of chapter four ^ "' '*"^'"* '' 
hundred and eighty-five of the acts of the year nineteen hun- 
dred and thirteen, is hereby further amended by adding at 
the end thereof the words: — provided, that no measures 
shall be taken relative to the records of the commonwealth 
unless the same are approved by the commission on economy 
and efficiency, — so as to read as follows : — Section 3. He Commissionpr 
shall take the necessary measures to put the records of the records ."powers 
commonwealth, counties, cities, towns, churches, parishes or **'"' '*"*"^*' 
religious societies in the custody and condition required by 
law and to secure their preservation, and for that purpose 
he may expend from the amount a])propriated for expenses 
such amount as he considers necessary: provided, that no Proviso. 
measures shall be taken relative to the records of the com- 



40 



General Acts, 1915. — Chap. 46. 



monwealth unless the same are approved by the commission 
on economy and efficiency. 

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

Apj^roved March 9, 1915. 



Chap. 46 An Act relative to the apportionment of betterments 

ASSESSED FOR WET, ROTTEN OR SPONGY LAND. 



R. L. 75, § 79, 
amended. 



Apportionment 
of betterments 
assessed for 
wet, rotten or 
spongy land. 



Be it enacted, etc., as Jolloivs: 

Section 1. Section seventy -nine of chapter seventy-five 
of the Revised Laws is hereby amended by adding at the 
end thereof the following: — Any assessment for ])etter- 
ments made under the provisions of this section may be 
apportioned in the same manner as sewer assessments, and 
the parts thereof collected in the same manner in which 
sewer assessments are apportioned and collected, — so as to 
read as follows: — Sccfinyi 79. At the time and place ap- 
pointed therefor, the board shall hear the parties, and there- 
after may, in its discretion, cause such nuisance to be abated 
by entering upon any land and by making such excavations, 
embankments and drains therein and under and across any 
streets and ways, as may be necessary; and shall also de- 
termine in what manner and at whose expense the improve- 
ments shall be kept in repair, shall estimate and award the 
damage sustained by, and the benefit accruing to, any person 
by reason of such improvements, and what proportion of 
the expense of making and keeping the same in repair shall 
be borne by the city or town and by the persons benefited 
thereby. The board shall forthwith give notice of its de- 
cision, in the manner required in the preceding section, to 
the parties to whom notice is required to be given by section 
seventy-seven and to the assessors of said city or town. 
The expense of making and keeping such improvements in 
repair shall be assessed by the assessors upon the persons 
benefited thereby, as ascertained by said decision, shall be 
included in their taxes, shall be a lien upon the land benefited 
thereby and shall be collected in the same manner as other 
taxes upon land. Any assessment for betterments made 
under the provisions of this section may be apportioned in 
the same manner as sewer assessments, and the parts thereof 
collected in the same manner in which sewer assessments are 
apportioned and collected. 

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

Approved March 9, 1915. 



General Acts, 1915. — Chaps. 47, 48. 41 



An Act relative to pensioning laborers in the employ Chap. 47 

OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and ^^^[1^°^^ *• 
three of the acts of the year nineteen hundred and twelve is 
hereby amended by inserting after the word "years", in 
the eighteenth Hne, the words: — inchiding the time when 
incapacitated by reason of sickness, not exceeding two years 
in the aggregate, which is certified by a physician in regular 
standing, — so as to read as follows : — ■ Section 1 . An^' Pwisioning of 

11 •.! 1 p • 1 1 ^ ' ^ T • laborers in the 

laborer m the employ 01 a city or town which accepts this employ of cities 

,11 iij.1 j!*x 111 • and towns, etc. 

act, who has reached the age 01 sixty years and has been m 
such employ for a period of not less than twenty-five years 
and has become physically or mentally incapacitated for 
labor, and any laborer in the employ of such city or town 
who has been in such employ for a period of not less than 
fifteen years and has become physically or mentally in- 
capacitated for labor by reason of any injury received in the 
performance of his duties for such city or town may, at his 
request, and in cities, with the approval of the mayor, or in 
towns, with the approval of the selectmen, be retired from 
service, and if so retired he shall receive from the city or 
town for the remainder of his life, an annual pension equal 
to one half of the average annual compensation paid to him 
as a laborer during the two years next prior to his retirement. 
Any laborer in the employ of such a city or town who has 
reached the age of sixty-five years and has been in such 
employ for a period of not less than twenty-five years in- 
cluding the time when incapacitated by reason of sickness, 
not exceeding two years in the aggregate, which is certified 
by a physician in regular standing shall be retired from 
service and shall receive from the city or town an annual 
pension computed in the manner hereinbefore set forth. 
Section 2. This act shall take effect upon its passage. 

Airproved March 11, 1915. 

An Act relative to the registration of voters in the Chart. 48 

CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section eighty-three of chapter eight hundred and thirty- 1013, 835, § 83, 
five of the acts of the year nineteen hundred and thirteen is '^™*'" ^ 



42 



General Acts, 1915. — Chaps. 49, 50. 



Sessions of 
board of 
election 
commissioners 
of Boston for 
registration. 



hereby amended by striking out the words " the same number 
of hke", in the seventh and eighth hnes, and inserting in 
place thereof the words: — not less than five such evening, 
— so as to read as follows : — Section 83. Said board shall 
hold such day sessions as the city may by ordinance prescribe, 
and such additional sessions as they shall deem necessary. 
They shall, in any event, hold in or near each ward in said 
city not less than ten evening sessions, each of at least 
three hours' duration, between the first day of September 
and the close of registration before the annual state election, 
and not less than five such evening sessions between the 
annual state election and the close of registration before the 
annual city election. They shall also hold at their principal 
office a continuous session from nine o'clock in the morning 
until ten o'clock in the evening on the twentieth day pre- 
ceding the annual state election, and a like continuous session 
on the twentieth day preceding the annual city election, and 
a continuous session from twelve o'clock noon until ten o'clock 
in the evening on the seventh day preceding a special election. 

Approved March 11, 1015. 



Chap. 49 An Act eelative to the seining of pollock and spike 

MACKEREL. 

Be it enacted, etc., as follows: 

^oibckand Section 1. It shall be unlawful to seine in the harbors 

spike mackerel, aiid Hvcrs of the commouwealth pollock weighing less than 
three quarters of a pound, or spike mackerel weighing less 
than one quarter of a pound. 

Penalty. SECTION 2. Violation of any provision of this act shall be 

punished by a fine of not less than twenty-five nor more 
than fifty dollars, or by not less than thirty days' nor more 
than sixty days' imprisonment for each offence, or by both 
such fine and imprisonment. 

Repeal. SECTION 3. All acts and parts of acts inconsistent here- 

with are hereby repealed. Approved March 11, 1915. 



Chap. 50 ^N Act relative to the abatement of smoke in the 

CITY OF BOSTON AND VICINITY. 

Be it enacted, etc., as follows: 

amendtd.^^' SECTION 1. The last paragraph of scctiou two of chapter 

six hundred and fifty-one of the acts of the year nineteen 
hundred and ten is hereby amended by striking out the word 



General Acts, 1915. — Chaps. 51, 52. 43 

"thirty", in the fifth Hne, and insertinj^ in place thereof 
the word : — ■ fifteen, — so that said paragraph will read as 
follows : — • And provided, further, that stacks of locomotives, ^^,1^^^^"?^"* °^ 
moving trains of six cars or more, be permitted to emit smoke Boston ana 
in any five-minute period for ten seconds in excess of that 
already provided for in this act, and that stacks of Class VI, 
in and about round houses, may emit smoke for fifteen 
minutes during the period when the fire is being built, or 
rebuilt after cleaning. The number of minutes or seconds 
during which smoke may be emitted in any period as provided 
in this section shall be deemed to mean the aggregate number 
of minutes or seconds, and such minutes or seconds need not 
be consecutive. 

Section 2. This act shall take effect on the first day of ]^^^°if!^,t_ 
July, nineteen hundred and fifteen. 

Approved March 11, 1915. 

An Act to provide for travelling expenses of county (jhnj) 51 

TREASURERS. f- 

Be it enacted, etc., as folloivs: 

Section 1. Section four of chapter twenty-one of the r. l. 21, §4, 
Revised Laws is hereby amended by striking out the words '*™®"'^®^- 
"counties of Bristol, Essex, INJiddlesex and Worcester", in 
the first and second lines, and inserting in place thereof the 
words : — several counties, — so as to read as follows : — 
Section 4- The treasurers of the several counties shall be County 

• 1,1 • ,1 1 , II' • !• treasurers to 

paid their actual and proper travelling expenses incurred m be paid their 
the transaction of the business of the county. An itemized expenses^ 
statement thereof shall, on the first day of each month, be 
certified to the county commissioners, by whom it shall be 
audited and approved. 

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

Approved March 12, 1915. 



An Act relative to the records of local boards of Chap. 52 
health on diseases declared by the state depart- 
ment of health to be dangerous to the public 
health. 

Be it enacted, etc., as folloivs: 

Section 1. Section fifty-one of chapter seventy-five of R l. 75, §51, 
the Revised Laws is herebv amended bv striking out the 



44 



General Acts, 1915. — Chap. 53. 



Records of 
local boards 
of health on 
certain diseases, 
how kept, etc. 



words "in blank books to be provided by the secretary of 
the commonwealth", in the first and second lines, and by in- 
serting after the word "report", in the sixth line, the words: 
— or other data required by the state department of health. 
Such record shall be kept in such manner or upon such forms 
as shall be prescribed by the said department, — so as to 
read as follows: — Section 51. The board of health shall 
keep a record of all reports received pursuant to the two 
preceding sections, which shall contain the name and location 
of all persons who are sick, their disease, the name of the 
person who reports the case and the date of such report or 
other data required by the state department of health. 
Such record shall be kept in such manner or upon such 
forms as shall be prescribed by the said department. Said 
board shall give immediate information to the school com- 
mittee of all contagious diseases so reported to them. 

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

Approved March 12, 1015. 



R. L. 154, § 4, 
amended. 



Chap. 53 An Act relative to notice of petitions for adoption in 

CERTAIN CASES. 

Be it enacted, etc., as Jolloivs: 

Section 1. Section four of chapter one hundred and 
fifty-four of the Revised Laws is hereby amended by adding 
at the end thereof the words : — But if such child is of un- 
known parentage and is a foundling, publication as herein set 
forth shall not be required; but notice of the petition shall 
be given to the state board of charity, — so as to read as 
follows: — Section 4- If the written consent required by 
the provisions of the two preceding sections is not submitted 
to the court with the petition, the court shall order notice by 
personal service on the parties of a copy of the petition and 
order thereon, or, if they are not found within this common- 
wealth, by publication of the petition and order once in each 
of three successive weeks in such newspaper as the court 
orders, the last publication to be seven days at least before 
the time appointed for the hearing, and the court may re- 
quire additional notice and consent. But if such child is 
of unknown parentage and is a foundling, publication as 
herein set forth shall not be required; but notice of the 
petition shall be given to the state board of charity. 

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

Approved March 12, 1915. 



Notice of 
petition for 
adoption to be 
given to state 
board of 
charity in 
certain cases. 



General Acts, 1915. — Chaps. 54, 55. 45 



An Act relative to the taking of white perch. Chap. 54 
Be it enacted, etc., as follows: 

Section 1 . It shall be lawful for any person to take white Taking of 
perch from ponds that have been stocked by the fish and reguiation,*'etc. 
game commissioners with white perch and to have the same 
in possession: 'proinded, that no perch less than seven inches provisos. 
long is taken and that the taking is by angling only; and 
proinded, also, that a total of not more than ten pounds of 
white perch is taken in any one day, except that if the last 
fish caught increases the total weight of the fish caught to 
more than ten pounds the last fish so taken may lawfully be 
kept, and provided, also, that when two or more persons are 
angling from the same boat or raft they shall not take more 
in the aggregate than fifteen pounds, except that if the last 
fish caught increases the total weight of the fish caught by 
such persons to more than fifteen pounds, the last fish so 
taken may lawfully be retained. 

Section 2. Violation of the provisions of this act by Penalty. 
taking white perch in a manner or to an extent contrary to 
the provisions of this act shall be punished by a fine of not 
more than twenty-five dollars and five dollars additional for 
every fish taken or had in possession contrary to the pro- 
visions hereof. Approved March 12, 1915. 

An Act relative to the sale at retail of eggs taken nhnrt 55 

FROM COLD STORAGE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and i9i3, sss, § i, 
thirty-eight of the acts of the year nineteen hundred and 
thirteen, as amended by chapter five hundred and forty-five 
of the acts of the year nineteen hundred and fourteen, is 
hereby further amended by striking out the words "and 
shall be done in such manner as is approved by the state 
board of health", at the end of the section, and inserting in 
place thereof the words : — except that the container in 
which eggs sold at retail are delivered to the customer 
may be marked in letters less than one inch in height if un- 
condensed Gothic type is used, but such letters shall in no 
ease be less than one half inch in height. All marking re- 
quired by the provisions of this act shall be done in such 
manner as shall be approved by the commissioner of health, 



46 



General Acts, 1915. — Chap. 56. 



Sale at retail 
of eggs taken 
from cold 
storage. 



Marking, etc. 



— SO as to read as follows: — Section 1. Whenever eggs 
that have been in cold storage are sold at wholesale or retail, 
or offered or exposed for sale, the basket, box or other con- 
tainer in which the eggs are placed shall be marked plainly 
and conspicuously with the words "cold storage eggs", or 
there shall be attached to such container a placard or sign 
having on it the said words. If eggs that have been in cold 
storage are sold at retail or offered or exposed for sale without 
a container, or placed upon a counter or elsewhere, a sign or 
placard, having the words "cold storage eggs" plainly and 
conspicuously marked upon it, shall be displayed in, upon 
or immediately above the said eggs; the intent of this act 
being that cold storage eggs sold or offered or exposed for 
sale shall be designated in such a manner that the purchaser 
will know that they are cold storage eggs. The display 
of the words "cold storage eggs", as required by this act, 
shall be in letters not less than one inch in height except that 
the container in which eggs sold at retail are delivered to 
the customer may be marked in letters less than one inch in 
height if uncondensed Gothic type is used, but such letters 
shall in no case be less than one half inch in height. All 
marking required by the provisions of this act shall be done 
in such manner as shall be approved by the commissioner 
of health. 
Section 2. This act shall take effect upon its passage. 

Apiyroved March 12, 1915. 



Sale of lands 
purchased or 
taken by cities 
and towns for 
non-payment 
of taxes. 



Chap. 56 An Act relative to sale of lands purchased or taken 

BY CITIES AND TOWNS FOR NON-PAYMENT OF TAXES. 

Be it enacted, etc., as foUoivS: 

Section 1. Whenever, in the opinion of the tax com- 
missioner, lands purchased or taken by a city or town for 
non-payment of taxes are of insufficient value to meet the 
expense of the sale together with the amount named in the 
collector's deed or instrument of taking as due when the 
sale is executed, and together with all interest, charges and 
subsequent taxes and assessments thereon, he shall make 
an affidavit of such finding which shall l^e recorded in the 
registry of deeds in the county where the land lies, and 
upon the recording of such affidavit the collector of taxes, 
instead of selling such lands in accordance with the pro- 
visions of sections sixty-eight, sixty-nine and seventy, of 



General Acts, 1915. — Chap. 56. 47 

Part IT, of chapter four hundred and ninety of the acts of 
the year nineteen hundred and nine, may sell the same by 
public auction to the highest bidder, first giving notice of 
the time and place of sale by publication thereof twenty-one 
days at least before the sale, and by posting a notice of the 
sale in some convenient and public place in his precinct 
fourteen days at least before the sale; and if from any cause 
the sale shall not be made within two years, it shall be made 
by the collector for the time being when he deems best, or at 
once upon service upon him of a Avritten demand by any 
person interested therein. The collector acting for the city 
or town, shall execute and deliver to the highest bidder 
therefor a quitclaim deed. If the amount bid is more than 
the expense of the sale, together with the amount named in 
the collector's deed or instrument of taking as due when 
the same was executed and together with all interest, charges 
and subsequent taxes and assessments thereon, the balance 
shall be dcj)osited with the city or town treasurer to be paid 
to the person entitled to the land if demanded within five 
years, otherwise it shall inure to such city or town. 

Section 2. If no person bids at such a sale, or if the when no person 
person to whom the land is sold does not within ten days pay coUecror to 
to the collector the sum bid by him, the collector shall make Z",^' ^®'^'^"'*' 
an affidavit of the fact, which shall be recorded in the 
registry of deeds within thirty days after the date at which 
the land was offered for sale, after which said affidavit shall 
be in the custody of the city or town treasurer, and the 
same, or a copy thereof, certified by the register of deeds, 
shall be prima facie evidence of the facts therein stated. 

Section 3. The collector shall, within thirty days after ^^^['^''^^l^l'^^-^^^ 
the recording of said affidavit, take possession of said land when, etc. 
in behalf of the city or to^^Tl, and thereupon the land shall 
belong to the city or town, in fee simi)le, subject to and with 
the benefit of all the restrictions and easements pertaining 
to the said land and appurtenant thereto at the time of the 
original assessment when said land was taken or sold. 

Section 4. Whenever, in the opinion of the tax com- Abatement 
missioner, any lands in this commonwealth have been 
assessed at a valuation which is insufficient to meet the 
charges and expenses of collecting the tax thereon, he may 
authorize the assessors to abate the tax of their own motion 
as a tax which ought not to have been assessed. The au- 
thorization shall be in writing and shall form a part of the 
assessors' records of abatements. 



of tax. 



48 General Acts, 1915. — Chap. 57. 

Ernds°nor'''° Section 5. This act shall not be construed to prohibit 

prohibited. salcs of lands as heretofore under the provisions of sections 

sixty-eight, sixty-nine and seventy of Part II of chapter 

four hundred and ninety of the acts of the year nineteen 

hundred and nine, except as herein provided. 

Section 6. This act shall take effect upon its passage. 

A'p'proved March 12, 1915. 

Chap. 57 An Act relative to overtime in the employment of 

WOMEN AND CHILDREN. 

Be it enacted, etc., as follows: 

1909, 514, § 48, Section forty-eight of chapter five hundred and fourteen 
of the acts of the year nineteen hundred and nine, as amended 
by chapter four hundred and eighty-four of the acts of the 
year nineteen hundred and eleven, by chapter four hundred 
and seventy-seven of the acts of the year nineteen hundred 
and twelve and by chapter seven hundred and fifty-eight 
of the acts of the year nineteen hundred and thirteen, is 
hereby further amended by inserting after the word "in- 
dustries", in the thirty-ninth line, the following: — nor shall 
such overtime employment be authorized because of the 
stopping of machinery for the celebration of any holiday, — 
Overtime in the so as to read as follows: — Section 48. No child under 
womenTnd*"^ eighteen years of age and no woman shall be employed in 
children. laboring in any factory or workshop, or in any manufacturing, 

mercantile, mechanical establishment, telegraph office or 
telephone exchange, or by any express or transportation 
company, more than ten hours in any one day; and in no 
case shall the hours of labor exceed fifty-four in a week except 
that in manufacturing establishments where the employ- 
ment is by seasons, the number of such hours in any week 
may exceed fifty-four, but not fifty-eight, provided that the 
total number of such hours in any year shall not exceed an 
average of fifty-four hours a week for the whole year, ex- 
cluding Sundays and holidays; and if any child or woman 
shall be employed in more than one such place the total 
number of hours of such employment shall not exceed fifty- 
Not^cesto^be four hours iu any one week. Every employer, except those 
employers hereinafter designated, shall post in a conspicuous 
place in every room in which such persons are employed a 
printed notice stating the number of hours' work required 
of them on each day of the week, the hours of beginning 



General Acts, 1915. — Chap. 57. 49 

and stopping work, and the hours when the time allowed 
for meals begins and ends or, in the case of mercantile es- 
tablishments and of establishments exempted from the 
provisions of sections sixty-seven and sixty-eight, the time, 
if any, allowed for meals. The printed forms of such notices 
shall be provided by the state board of labor and industries, 
after approval by the attorney-general. The employment Overtime 
of any such person at any time other than as stated in said when"pCT-°*' 
printed notice shall be deemed a violation of the provisions ™'"'''*- 
of this section unless it appears that such employment was 
to make up time lost on a previous day of the same week in 
consequence of the stopping of machinery upon which such 
person was employed or dependent for employment; but 
no stopping of machinery for less than thirty consecutive 
minutes shall justify such overtime employment, nor shall 
such overtime employment be authorized until a written 
report of the day and hour of its occurrence and its duration 
is sent to the state board of labor and industries, nor shall 
such overtime employment be authorized because of the 
stopping of machinery for the celebration of any holiday. 
Every employer engaged in furnishing public service or in any Notices to be 
other kind of business in respect to which the state board ^hf/t^^ofTiuty 
of labor and industries shall find that public necessitv or '»"f^t'"^'^fo'" 

, p 1 •! 1 1^1 meals for 

convenience requires the employment oi children under the women and 
age of eighteen or women by shifts during different periods 
or parts of the day, shall post in a conspicuous place in 
every room in which such persons are employed a printed 
notice stating separately the hours of employment for each 
shift or tour of duty and the amount of time allowed for 
meals. Printed forms of such notices shall be provided by 
the state board of labor and industries, after approval by 
the attorney-general. A list by name of the employees, 
stating in which shift each is employed, shall be kept on 
file at each place of employment for inspection by employees 
and by officers charged with the enforcement of the law. 
In cases of extraordinary emergency as defined by section in cases of 
one of chapter four hundred and ninety-four of the acts of ^™^'"s®'*°y- 
the year nineteen hundred and eleven or extraordinary public 
requirement, the provisions of this act shall not apply 
to employers engaged in public service or in other kinds of 
business in which shifts may be required as hereinbefore 
stated; but in such cases no employment in excess of the 
hours authorized under the provisions of this act shall be 



50 General Acts. 1915. — Chaps. 58, 59. 

considered as legalized until a written report of the day 
and hour of its occurrence and its duration is sent to the 
state board of labor and industries. 

Approved March 12, 1015. 

Chap. 58 An Act relative to the care and maintenance of the 

BRIDGE OVER THE NEPONSET RIVER AT GRANITE AVENUE 
BETWEEN THE TOWN OF MILTON AND THE CITY OF BOSTON. 

Be it enacted, etc., a^ follows: 
1913, 771, § 10, Section 1. Section ten of chapter seven hundred and 

amended. p ^ p i • i i i i 

seventy-one oi the acts oi the ;s'ear nineteen hundred and 
thirteen is hereby amended by striking out all after the word 
"paid", in the eighteenth line, and inserting in place thereof 
the following : — ■ one half by the county of Suffolk and one 
half by the town of ^Milton, — so as to read as follows : — 
Care and Seclioii 10. When the said bridge and its approaches are 

of a certain Completed, and all work contemplated by this act has been 
Neponset river, performed, the care and control of said bridge, draw and 
approaches shall vest in a commission consisting of the 
mayor of the city of Boston and the chairman of the select- 
men of the town of IMilton for the time being. Said com- 
mission shall have charge of lighting, policing, managing, 
maintaining and keeping in repair said bridge, draw and 
approaches, and also the exclusive authority to authorize 
poles, v/ires and other structures to be placed thereon, and 
in such place and manner as said commission may deem 
proper. The money required for lighting, policing, managing, 
and keeping in repair said bridge, draw and approaches, 
as well as any cost or expenses incurred by said commission 
in connection therewith, and all damages recovered in any 
action at law by reason of any defect, or want of repair in 
said bridge, draw or approaches, and any expenses incurred 
in connection therewith shall be paid one half by the county 
of Suffolk and one half by the town of JNJilton. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1915. 

Chap. 59 An Act relative to the taking of salmon from lake 

QUINSIGAMOND. 

Be it enacted, etc., as follows: 

1909, 377, § 1, Section one of chapter three hundred and seventy-seven 

of the acts of the year nineteen hundred and nine, as amended 



Taking of 
salmon from 



General Acts, 1915. — Chap. 60. 51 

by section one of chapter four hundred and sixty-nine of 
the acts of the year nineteen hundred and ten, is hereby 
further amended by inserting after the word "following", 
in the sixth line, the words: — ^ except as is hereinafter pro- 
vided, — and by adding at the end of the section the words: 
— In the months of August and September, it shall be lawful 
to take salmon, subject to the provisions of this act, between Lake Quinsip- 

'•". ^ ' mond regulated. 

one hour berore sunrise and two hours after sunset, from that 
part of Lake Quinsigamond in the county of Worcester 
situated between the Stringer dam and Lincoln street, and 
to have the same in possession: provided, however, that when Proviso. 
a person takes a salmon which brings the total weight of 
salmon caught by him in any one day up to fifteen pounds, 
he shall take no more salmon on that day, or, if two or more 
persons are angling from one boat, when a salmon is taken 
which brings the total weight of salmon caught by any or 
all of them in any one day up to twenty-five pounds, no 
more salmon shall be taken on that day by any of them. 

Approved March 12, 1915. 



An Act relative to vacations of laborers employed by nhny gn 

CITIES. 

Be it enacted, etc., as foUoivs: 

Any city in which a majority of the voters at the last vacationa for 
state election voted to accept the provisions of chapter two inipioyed 
hundred and seventeen of the acts of the year nineteen ''y'^"'^*- 
hundred and fourteen may by vote of the city coimcil, 
approved by the mayor, or by vote of the commission in any 
city under a commission form of government, require the 
heads of the executive departments to grant a vacation of 
two weeks without loss of pay to any person regularly em- 
ployed by such city who is classified as a common laborer, 
skilled laborer, mechanic or craftsman in the labor service, 
as classified by the civil service commission, under regulations 
established by said commission for cities to which the labor 
rules adopted by the civil service commission are or may 
become applicable. If such vacations are authorized, they 
shall be granted by the heads of the executive depart- 
ments, and shall begin at such times as in the opinion of 
the heads of the executive departments will cause the least 
interference with the performance of the regular work of 
the city. Approved March 12, 1916. 



52 General Acts, 1915. — Chap. 61. 



Chap. 61 An Act relative to the time within which real estate 

CONVEYED IN GOOD FAITH SHALL BE LIABLE FOR THE PAY- 
MENT OF DEBTS OF DECEASED PERSONS. 

Be it enacted, etc., as follows: 

1907, 549, §1. Section 1. Section one of chapter five hundred and 

^"^ forty-nine of the acts of the year nineteen hundred and seven 

is hereby amended by striking out in the thirteenth Hne, 

in the nineteenth Hne, and in the twenty-second hne, the 

words "two years", and inserting in place thereof the 

Time within words : — ouc year, — so as to read as follows : — Sectio7i 1 . 

which certain Tin ' ■ ^ ' • ±. j. i • i j_' 

real estate shall Whenever an executor or admmistrator has given due notice 
paymeliVof^ ^^° of his appointment, and an affidavit thereof has been filed 
ce£lfed°^1^^ns. '^^ accordaucc with sections two and three of chapter one 
hundred and thirty-nine of the Revised Laws, no interest in 
the real estate of the deceased conveyed absolutely or in 
mortgage for value and in good faith by an instrument duly 
recorded shall be liable to be taken on execution or sold under 
any judicial proceeding for payment of his debts, costs of 
court or claims against his estate, except claims for taxes, 
municipal assessments or succession taxes, legacies or other 
charges created by will of the deceased, or the expenses or 
charges of administration, after the expiration of one year 
from the time of such executor or administrator giving bond 
for the performance of his trust, or from the passing of the 
order of the probate court mentioned in section three of 
chapter one hundred and thirty-nine of the Revised Laws, 
unless in pursuance of a license to sell granted upon a petition 
filed in the registry of probate within said one year, or unless 
for the satisfaction in whole or in part of a claim of which 
notice has been filed in the registry of probate within said 
one year, stating substantially the name and address of the 
claimant, the nature and amount of the claim and the court, 
if any, in which proceedings are pending to determine or 
enforce the same. Said notice shall be filed with the other 
proceedings in the case and entered upon the docket under 
the name of the estate of the deceased. 

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

Approved March 12, 1915. 



General Acts, 1915. — Chaps. 62, G3. 53 



An Act to require reports from savings banks of the Chap. 62 

AMOUNT OF deposits RECEIVED FROM LABOR AND CREDIT 
UNIONS. 

Be it enacted, etc., as folloivs: 

Section thirtv-eiffht of chapter five hundred and ninety i^os. 59o. § as, 
of the acts of the year nineteen hundred and eight is hereby 
amended by inserting after the word "corporations", in 
the eleventh and twelfth lines, the words : — labor and 
credit unions, — so as to read as follows: — Section ^■5- foyi"ort^1?e'^^ 
Such report shall, in the year nineteen hundred and nine, amount of 
and in each fifth year thereafter, also state the number and ceived from 
amount of deposits of fifty dollars and less, of those exceeding unions"' 
fifty dollars and not more than one hundred dollars, of those 
exceeding one hundred dollars and not more than two hun- 
dred dollars, of those exceeding two hundred dollars and 
not more than five hundred dollars, of those exceeding five 
hundred dollars and less than one thousand dollars, of those 
of one thousand dollars or more; and of those to the credit 
of women, both adults and minors, guardians, religious and 
charitable corporations, labor and credit unions, and in 
trust, respectively, received during the twelve months last 
preceding. Approved March 12, 1915. 

An Act relative to receivers appointed by the probate (Jjidj), 63 

COURT. 

Be it enacted, etc., as folloivs: 

Section twenty-four of chapter one hundred and forty- r. l. us, § 24, 
eight of the Revised Laws is hereby amended by inserting **"""" " ' 
after the word "guardian", in the third line and in the 
fourteenth line, the words : — receiver appointed by the 
probate court, — so as to read as follows: — Section 21^. If Ratification of 

, ,. 1.-,. a -i. ii doubtful acts 

the authority or validity of an act or proceeding or the of executors. 
probate court or of a person acting as executor, administrator, 
guardian, receiver appointed by the probate court, or trustee 
is drawn in question by reason of an alleged irregularity, 
defective notice or want of authority, any party interested 
in or affected by such act or proceeding may apply to the 
probate court which has jurisdiction of the subject-matter 
relative to which the act or proceeding has been had, and 
the court, after notice to all parties interested, and to the 
persons who may be the parents of such parties not in being, 



54 General Acts, 1915. — Chaps. 64, 65. 

with power to appoint a guardian or next friend to represent 
the interests of any person miborn or unascertained, may 
hear and determine the matter and confirm the act or pro- 
ceeding, in whole or in part, and may authorize and empower 
the executor, administrator, guardian, receiver appointed 
by the probate court, or trustee, or any successor or other 
person Avho may be legally appointed to act in the same 
capacity, to ratify and confirm such act or proceeding and 
to execute and deliver such deeds, releases, conveyances and 
other instruments as may be found necessary for that purpose; 
What acts to but no act or proceeding shall be ratified or confirmed which 
erai ei , e e. ^j^^ court might uot liavc passcd or authorized in the first 
instance upon due proceedings. 

Ayproved March 12, 1915. 

Chap. 64 An Act relative to the appointment of administrators 

OF THE estates OF DECEASED PERSONS. 

Be it enacted, etc., as folloivs: 
1909 490, Part Section 1 . Sectiou twcutv-two of Part IV of chapter 

I v V 22 9tc. *" 

amended. ' four liimdrcd and ninety of the acts of the year nineteen 

hundred and nine, as amended by chapter five hundred and 

fifty-one of the acts of the year nineteen hundred and eleven, 

is hereby further amended by inserting after the word 

"estate", in the second line, the words: — which in the 

opinion of the tax commissioner may be, — by inserting 

after the word "administration", in the fourth line, the 

words: — is not, — and by striking out the word "shall", 

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

Administrators Hiay, — SO as to Tcad as follows : — Section 22. If, upon the 

ofdeceMed*^* dcccasc of a persou leaving an estate which in the opinion 

persons, ap- of the tax commissioncr may be liable to a tax under the 

pointment, etc. . . pi- -ii t • c i 

provisions or this part, a will disposing ot such estate is not 
offered for probate, or an application for administration is 
not made within four months after such decease, the probate 
court, upon application by the tax commissioner, may ap- 
point an administrator. 

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

Aj^iyroved March 12, 1915. 

Chap. 65 An Act to provide for the posting of information in 

PLACES OF employment. 

Be it enacted, etc., as folloivs: 

^format^on Section 1. Tlic miuimum wage commission may require 

in places of emplovcrs to post iu conspicuous positions in their places of 

employment. i . i it. i 



General Acts, 1915. — Chaps. 66, 67. 55 

employment such notices as the said commission may issue 
for the information of employees. 
Section 2. This act shall take effect upon its passage. 

Ayinoved March 12, 1915. 

An Act relative to the bridge over the Connecticut Chap. 66 

RIVER between THE CITY OF NORTHAMPTON AND THE 
TOWN OF H.\DLEY. 

Be it enacted, etc., a^ follows: 

Section 1 . Chapter seven hundred and nine of the i9i4, 7to, 
acts of the year nineteen hundred and fourteen is hereby 
amended by inserting after section seven the following new 
section : — Section 8. No member of said board of county ^^^^''t'^^^"'^^^ 
commissioners shall be disqualified from serving under this Connecticut 

PI- • 1 • 1 • !• -NT xi J. river, control 

act by reason oi his residence m the city oi JNorthampton, of, etc. 
any provision of section twenty of chapter twenty of the 
Revised Laws to the contrary notwithstanding. 

Section 2. All acts done bv the said countv commis- Acts of county 

. (••I'l I'li 1 conimissiouers 

sioners under authority or said chapter seven hundred and confirmed, etc. 
nine are hereby confirmed and made valid to the same extent 
as if one of said commissioners had not been a resident of 
the city of Northampton. 
Section 3. This act shall take effect upon its passage. 

Aimroved March 12, 1915. 

An Act relatr'e to the term for which licenses for Chap. 67 

THE SALE OF INTOXICATING LIQUORS MAY BE GRANTED 
WITHIN THE TOWN OF HULL. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirteen of chapter one hundred of Sc^ameAded' 
the Revised Laws, as amended by chapter four hundred and 
seventy-six of the acts of the year nineteen hundred and 
ten, is hereby further amended by inserting after the word 
"following", in the sentence next before the last, the words: 
— And in the town of Hull it is further provided that when 
said town has voted to authorize the granting of licenses 
for the sale of intoxicating licjuors at its last annual town 
meeting, and such special enumeration has been made in 
the calendar year last preceding said last annual town 
meeting, the selectmen may, in April, receive applications 
for such licenses and investigate and publish the same, and 
may grant one such license for each five hundred of such 
temporary resident population, not including the permanent 



56 



General Acts, 1915. — Chap. 67. 



inhabitants of said town, as ascertained by said special 
enumeration taken in said last preceding calendar year, to 
take effect on the fifteenth day of May and to expire on the 
first day of October next following, — so as to read as fol- 
Numberof lows: — Sectioii 13. In cities and towns which vote to 

places to bo i • i • pi- pi i p • • • 

licensed for the authoFize the granting or licenses tor the sale or intoxicating 
eating Uquors, HquoFs, tlic numbcr of places licensed for the sale of such 
mi e , e 0. ijquors shall not exceed one for each one thousand of the 
population as ascertained by the last preceding national or 
state census, but one such place may be licensed in any town 
having a population of less than one thousand. In Boston, 
one such place may be licensed for each five hundred of the 
population, but in no event shall the total number of licensed 
places therein exceed one thousand. Nowhere in the com- 
monwealth shall a fourth or fifth class license be granted to 
be exercised upon the same premises Avith a license of any 
of the first three classes, except that a licensed innholder, 
who has a license of any of the first three classes may like- 
wise be granted a license of the fourth or fifth class for the 
purpose of supplying liquor to guests who have resorted to 
his inn for food or lodging. No more than one license shall 
be granted by any one vote of the licensing board. Such 
licenses shall be numbered in regular order as granted, and 
any license granted contrary to, or in excess of, the provisions 
of this section shall be void; but in a town voting as afore- 
said at its last annual town meeting which has less than five 
thousand permanent residents according to the last preceding 
state or national census but has an increased resident popu- 
lation during the summer months, the selectmen may, on 
or before the fifteenth day of May in any year, apply to the 
chief of the bureau of statistics of labor to have an enumera- 
tion made of the temporary or summer residents of such 
town. Said chief shall thereupon make such enumeration, 
between the twenty-third and the twenty-eighth day of 
June next following, under such rules as he shall establish. 
A person who has not been a resident of such town for at 
least three days preceding the enumeration shall not be 
regarded as a temporary or summer resident thereof. Said 
chief may employ, for such enumeration, such persons as 
may be necessary, who shall in all cases be residents of the 
town if suitable and competent persons can be found; other- 
wise, non-residents may be employed. The chief shall re- 
\)oYi the total number of such temporary or summer residents 
to the selectmen of the town on or before said twenty-eighth 



Enumeration, 
how made. 



General Acts, 1915. — Chap. 68. 57 

day of June. The expenses incurred in making such special 
enumeration shall be paid by the commonwealth. The 
treasurer and receiver general shall thereupon issue his 
warrant, as provided in section thirty-four of chapter twelve, 
requiring the assessors of such towns to assess a tax to the 
amount of the expense incurred in making this special 
enumeration, and such amount shall be collected and paid 
over to the treasurer and receiver general in the same manner 
as other state taxes. The selectmen may, in April, receive 
applications for such licenses and investigate and publish 
the same; and may grant one such license for each five 
hundred of such temporary resident population, not in- 
cluding the permanent inhabitants of such town, as ascer- 
tained by said special enumeration, to take effect on the first 
day of July and to expire on the first day of October next 
following. And in the town of Hull it is further provided Term for which 

liconscs tir© 

that when said town has voted to authorize the granting granted within 

of licenses for the sale of intoxicating liquors at its last Huii°^^"° 

annual town meeting, and such special enumeration has 

been made in the calendar year last preceding said last 

annual town meeting, the selectmen may, in April, receive 

applications for such licenses and investigate and publish 

the same, and may grant one such license for each five 

hundred of such temporary resident population, not including 

the permanent inhabitants of said town, as ascertained by 

said special enumeration taken in said last preceding calendar 

year, to take efi'ect on the fifteenth day of INIay and to expire 

on the first day of October next following. A selectman, 

member of a licensing board or census enumerator who • 

violates any provision of this section shall be punished by a 

fine of five hundred dollars. 

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

Approved March 12, 1015. 



An Act to make the foxborough state hospital a state (Jjidrt gg 

HOSPITAL FOR THE INSANE. 

Be it enacted, etc., as follows: 

Section 1. The Foxborough state hospital is hereby Foxborough 
made a hospital for the care of the insane and shall be subject mado a"ho.'pitai 
to all the provisions of law applicable to such hospitals. ^°'' ^'''^ '""'""' 

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

Approved March 17, 1915. 



58 



General Acts, 1915. — Chaps. 69, 70. 



Chap. 69 An Act relative to the penalty for violating the 

PROVISIONS OF LAW AS TO SANITARY AND PROTECTIVE 
DEVICES IN MANUFACTURING ESTABLISHMENTS. 

Be it enacted, etc., as follows: 

Section ninety of chapter five hundred and fourteen of 
the acts of the year nineteen hundred and nine is hereby 
amended by striking out the words "the four preceding 
sections", in the second hne, and inserting in place thereof 
the words: — ^ sections eighty-three to eighty-nine, incki- 
sive, — -so as to read as follows: — Section 90. Whoever 
fails to comply with any provision of sections eighty-three 
to eighty-nine, inclusive, shall, for the first offence be punished 
by a fine of not less than twenty-five nor more than one 
hundred dollars, and, for a second offence he shall be pimished 
by the fine aforesaid or by imprisonment in jail for not 
more than sixty days or by both such fine and imprison- 
ment. Approved March 17, 1915. 



1909, 514, § 90, 
amended. 



Law as to 
sanitary and 
protective 
devices in 
manufacturing 
establishments, 
penalty for 
violating. 



1909, 514, § 61, 
etc., amended. 



Chap. 70 An Act to provide a penalty for altering employment 

CERTIFICATES. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter five hundred and fourteen of 
the acts of the year nineteen hundred and nine, as amended 
by chapter two hundred and forty-nine of the acts of the 
year nineteen hundred and ten and by section nineteen of 
chapter seven hundred and seventy-nine of the acts of 
the year nineteen hundred and thirteen, is hereby further 
amended by adding at the end thereof the words: — Who- 
ever, without authority, alters an employment certificate 
after the same is issued shall be punished by a fine of ten 
dollars, — so as to read as follows: — Section 61. Whoever 
employs a person under the age of sixteen years, and who- 
ever procures or, having under his control a person under 
sixteen years of age, permits such person to be employed in 
violation of the provisions of sections fifty-six or fifty-seven 
of this act, shall for each oft'ence be punished by a fine of 
not less than ten dollars nor more than fifty dollars, or by 
imprisonment for not more than thirty days; and whoever 
continues to employ a person under sixteen years of age in 
violation of the provisions of either of said sections, after 
being notified thereof by a school attendance officer or by 



Law as to 
employment 
of children, 
penalties for 
violating. 



General Acts, 1915. — Chap. 71. 59 

an inspector appointed by the state board of labor and in- . 
diistries, shall for every day thereafter while such em})loy- 
ment continues be punished by a fine of not less than fifty 
nor more than two hundred dollars, or by imprisonment for 
not more than sixty days; and whoever forges, or procures 
to be forged, or assists in forging a certificate of birth or 
other evidence of the age of such person, and whoever 
presents or assists in presenting a forged certificate or evi- 
dence of birth to the superintendent of schools or to a person 
authorized by law to issue certificates, for the purpose of 
fraudulently obtaining the emj)loyment certificate required 
by this act, shall be punished by a fine of not less than ten 
nor more than five hundred dollars, or by imprisonment for 
not more than one year, or by both such fine and imprison- 
ment. Whoever, being authorized to sign an employment 
certificate, knowingly certifies to any materially false state- 
ment therein shall be punished by a fine of not less than ten 
nor more than two hundred dollars. Whoever, without Penalty for 
authority, alters an employment certificate after the same certificate, etc. 
is issued shall be punished by a fine of ten dollars. 

Ayyroved March 17, 1015. 

An Act relative to appointment of staff officers of Chap. 71 
THE militia. 

Be it enacted, etc., as follows: 

Section 1. Section forty-two of chapter six hundred and icos, 604, §42, 
four of the acts of the year nineteen hundred and eight, as 
amended by cliaptcr two himdred and ninety-nine of the 
acts of the year nineteen hundred and ten, by chapter two 
hundred and sixty-eight of the acts of the year nineteen 
hundred and twelve, and by chapter seven hundred and 
fifteen of the acts of the year nineteen hundred and four- 
teen, is hereby further amended by inserting after the word 
"officer", in the fourth line of the last paragraph, the words: 
— unless he is a graduate of a school established and main- 
tained in connection with the volunteer militia of this com- 
monwealth in which the course of instruction extends over 
a period of at least two years, under the orders of the com- 
mander-in-chief, for the purpose of imparting military in- 
struction and training to enlisted men of the militia who 
are aspirants for commissions therein, or, — so that the said 
last paragraph will read as follows: — No person shall be Appointment 
eligible to be appointed as a staff officer, or as a staft" corps of th^ ni'iiirib,.^ 



60 General Acts, 1915. — Chaps. 72, 73. 

officer, or, with the exception of medical officers, as a de- 
partment officer, unless he is a graduate of a school established 
and maintained in connection with the volunteer militia 
of this commonwealth in which the course of instruction 
extends over a period of at least two years, under the orders 
of the commander-in-chief, for the purpose of imparting 
military instruction and training to enlisted men of the 
militia who are aspirants for commissions therein, or, unless 
he has served in the regular or volunteer naval or military 
forces of the United States, or in the militia or naval militia 
of some state thereof, for the term of three years, at least one 
year of which he shall have served as an officer or non-com- 
Not to apply missloucd officer. The foregoing requirements shall not 

to chaplains. j^ppj^ ^^ diaplaius. 

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

Approved March 17, 1915. 

Chap. 72 An Act to repeal the act providing for licensing 

DEALERS IN COAL AND COKE. 

Be it enacted, etc., as follows: 
Act provuiing SECTION 1. Chapter four hundred and eighty-four of the 

for licensing , ^ o./ ii, 

dealers in coal acts oi tlic year iimetcen hundred and three, as amended by 
(1903,484), chapter four hundred and thirty-four of the acts of the year 
repea e . nineteen hundred and six, being an act to provide for licensing 

dealers in coal and coke, is hereby repealed. 

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

Approved March 17, 1915. 

Chap. 73 An Act relative to the commitment of dipsomaniacs 

AND PERSONS ADDICTED TO THE INTEMPERATE USE OF 
narcotics AND STIMULANTS. 

Be it enacted, etc., as follotvs: 
1909. 504, §50 Section 1. Section fifty of chapter five hundred and 

etc., amended. '' , iiii- 

four or the acts or the year nmeteen hundred and nme, as 
amended by chapter five hundred and fifty-eight of the acts 
of the year nineteen hundred and fourteen, is hereby further 
amended by striking out the words "any male", in the 
fifth line, by striking out the words "except the Norfolk 
state hospital", in the seventh line, and by inserting after 
the word "any", in the same line, the words: — male or. 
Commitment — SO as to read as follows: — Section 50. Any of the judges 

of dipsomaniacs, , . ,. , , . i ji • i* <■ j_i • • 

etc. named in section twenty-nine and the justices or the munici- 



General Acts, 1915. — Chap. 74. 61 

pal court of the city of Boston may commit to the Norfolk 
state hospital, the McLean hospital, or to a private licensed 
hospital or house, or to any hospital or licensed receptacle 
for the insane, public or private, any male or female, who is 
subject to dipsomania or inebriety either in public or private, 
or who is so addicted to the intemperate use of narcotics or 
stimulants as to have lost the power of self control; but no 
such commitment shall be made until satisfactory evidence 
is presented to the judge by whom the proceedings for com- 
mitment are heard that such person is not of bad repute or 
of bad character apart from such habits of intemperance. 
The magistrate who receives the application for such com- 
mitment shall examine on oath the applicant and all other 
witnesses, shall reduce the application to writing and cause 
it to be subscribed and sworn to by the ai)plicant. He shall 
cause a summons and copy of the application to be served 
upon such person in the manner provided by section twenty- 
five of chapter two hundred and seventeen of the Revised 
Laws. Such person shall be entitled to a hearing, unless 
after receiving said summons he shall in writing waive a 
hearing; and in that case the magistrate may issue an order 
for his immediate commitment to said hospital without 
such hearing if he is of the opinion that such person is a 
proper subject for its treatment and custody. The com- 
mitment may be made forthwith, if the examining physician 
certifies the case to be one of emergency. A person com- Time of 
mitted as aforesaid may be detained for two years from the 
date of his commitment and no longer. 

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

Appromd March 17, 1915. 

An Act relative to the appointment of inspectors and nh^^ 'ja 

ASSISTANT inspectors IN THE EMPLOY OF THE STATE ^ ' 

BOARD OF LABOR AND INDUSTRIES. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section eight of ^^g;j^fj ^ ^• 
chapter seven hundred and twenty-six of the acts of the 
year nineteen hundred and twelve is hereby amended by 
adding at the end thereof the words: — or to the first ap- 
pointment of any person who filed his application for exami- 
nation by the civil service commission for such position ])rior 
to the first day of January, nineteen hundred and fifteen, 
and who was not then over forty-five years of age, — so that 



62 



General Acts, 1915. — Chap. 75. 



Certain 
appointments 
by the state 
board of labor 
and industries. 



the said paragraph will read as follows : — Inspectors and 
assistant inspectors shall be not over forty-five years of age 
on the date of their first appointment, but this age limit 
shall not apply to any reappointment, or to the first appoint- 
ment of any person who filed his application for examination 
by the civil service commission for such position prior to the 
first day of January, nineteen hundred and fifteen, and 
who was not then over forty-five years of age. 

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

Approved March 17, 1015. 



Chap. 75 An Act relative to the weekly payment of avages. 



1909, 514, § 112, 
etc., amended. 



Weekly 
payment of 
wages, etc. 



Be it enacted, etc., as foUoivs: 

Section 1. Section one hundred and twelve of chapter 
five hundred and fourteen of the acts of the year nineteen 
hundred and nine, as amended by chapter three hundred 
and fifty of the acts of the year nineteen hundred and ten, 
by chapter two hundred and eight of the acts of the year 
nineteen hundred and eleven, by chapter seven hundred 
and eighty-four of the acts of the year nineteen hundred and 
thirteen, and by chapter two hundred and forty-seven of the 
acts of the year nineteen hundred and fourteen, is hereby 
further amended by striking out the words "or any of the 
building trades", in the fifth line, and inserting in place 
thereof the words: — or in the erection, alteration, repair or 
removal of any building or structure, — so as to read as 
ioWov/s: — Section 112. Every person, firm or corporation 
engaged in carrying on a factory, workshop, manufacturing, 
mechanical or mercantile establishment, mine, quarry, rail- 
road or street railway, or a telephone, telegraph, express or 
water company, or in the erection, alteration, repair or re- 
moval of any building or structure, or the construction or 
repair of any railroad, street railway, road, bridge, sewer, gas, 
water or electric light works, pipes or lines, shall pay Aveekly 
each employee engaged in his or its business the wages earned 
by him to within six days of the date of said payment, but 
any employee leaving his or her employment, shall be paid 
in full on the following regular pay day; and any em})loyee 
discharged from such employment shall be paid in full on 
the day of his discharge, or in the city of Boston as soon as 
the provisions of law requiring pay rolls, bills and accounts 
to be certified shall have been complied with; and the 
commonwealth, its officers, boards and commissions shall 



General Acts, 1915. — Chap. 76. 63 

so pay every mechanic, workman and laborer who is em- 
ployed by it or them, and every person employed by it or 
them in any penal or charitable institution, and every county 
and city shall so pay every employee who is engaged in 
its business the wages or salary earned by him, unless such 
mechanic, workman, laborer or employee requests in writing 
to be paid in a different manner; and every town shall so 
pay each employee in its business if so required by him ; but 
an employee who is absent from his regular place of labor 
at a time fixed for payment shall be paid thereafter on 
demand. The provisions of this section shall not apply to Exemptions. 
an employee of a co-operative corporation or association if 
he is a stockholder therein unless he requests such corpora- 
tion to pay him weekly. The public service commission, 
after a hearing, may exempt any railroad corporation from 
paying weekly any of its employees if it appears to the board 
that such employees prefer less frequent payments, and 
that their interests and the interests of the public will not 
suffer thereby. No corporation, contractor, person or part- 
nership shall by a special contract with an employee or 
by any other means exempt himself or itself from the pro- 
visions of this and the following section. Whoever violates Penalty. 
the provisions of this section shall be punished by a fine of 
not less than ten nor more than fifty dollars. 
Section 2. This act shall take effect upon its passage. 

ApjJroved March 17, 1015. 

An Act exempting vendors of intoxicating liquors CJiav, 76 

FROM certain DISQUALIFYING PROVISIONS OF THE CIVIL 
service LAWS. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter nineteen of the r. l. 19, § ig. 
Revised Laws, as amended by chapter two hundred and *'*" ■ ^™«"«i«''^- 
twelve of the acts of the year nineteen hundred and twelve, 
is hereby further amended l)y striking out said section and 
inserting in place thereof the following: — Sectimi 16. No Appointment 
person habitually using intoxicating liquors to excess shall in certain 

1 'xIj. a. ' ^ ' ai ' J. 1. offices, etc. 

be appomted to or retamed m any ofhce, appointment or 

employment to which the provisions of this chapter apply. 

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

Approved March IS, 1015. 



64 General Acts, 1915. — Chaps. 77, 78. 



Chap. 77 An Act to authorize co-operative banks to issue 

CERTAIN SHARES TO QUALIFY AS SECURITY FOR REAL 
ESTATE LOANS. 

Be it enacted, etc., as follows: 
1912. 623, §10. Section 1. Section ten of chapter six hundred and 

etc., amended. ' . 1111 

twenty-three or the acts or the year nineteen hundred and 

twelve, as amended by section two of chapter six hundred 

and forty-three of the acts of the year nineteen hundred 

and fourteen, is hereby further amended by inserting after 

the word "series", in the seventh Hue, the words: — except 

that shares of the next preceding series may be issued to 

qualify as security for a real estate loan, — - so as to read as 

Co^jopp^tive ioWow?,: — Section 10. The capital to be accumulated shall 

issue certain bc Unlimited and shall be divided into shares of the ultimate 

qualify as valuc of two huudrcd dollars each. The shares may be 

security for real • ]• j.ilij? l l ••'!_ 

estate loans. issucd ui quarterly, hair-yearly or yearly series, m such 
amounts and at such times as the board of directors may 
determine. No shares of a prior series shall be issued after 
the issue of a new series, except that shares of the next 
preceding series may be issued to qualify as security for a 
real estate loan. No person shall hold more than twenty-five 
unmatured nor more than ten matured shares in any one 
bank, but any person may at the same time hold l)oth un- 
matured and matured shares therein to said amounts. 
Section 2. This act shall take effect upon its passage. 

Ajyproved March IS, 1015. 

Chap. 78 An Act relative to the school attendance of minors. 

Be it enacted, etc., as follows: 

R. L. 44, §4, Section four of chapter forty-four of the Revised Laws, as 

amended by chapter three hundred and seventy-five of the 
acts of the year nineteen hundred and five, and by section 
two of chapter two hundred and sixty-eight of the acts of the 
year nineteen hundred and eleven, and by section four of 
chapter seven hundred and seventy-nine of the acts of the 
year nineteen hundred and thirteen, is hereby further 
amended by striking out the word "fifty", in the forty- 
second line, and inserting in place thereof the word: — 
seventy-five, — and by striking out after the word "schools", 
in the fortj'-foiirth line, the words "or, if the school com- 
mittee of said city or town so desires, an amount equal to 



General Acts, 1915. — Chap. 79. 65 

the average expense for each pupil of such school during the 
preceding year, for a period equal to the time during which 
the child so attends", so that the third paragraph of the 
section will read as follows : — For the tuition in the public Tuition in the 
schools in any city or town of any child between the ages ot'cortaTn"^ ^ 
of five and fifteen years who shall be placed elsewhere than '^^'"°''^- 
in his own home by the state board of charity, or by the 
trustees of the IVIassachusetts training schools, or kept 
under the control of either of said boards in such city or 
town, the commonwealth shall pay to said city or town, 
and for such tuition of any such child so placed by the 
trustees for children of the city of Boston, or so kept under 
the control of said trustees, the city of Boston from its ap- 
propriation for school purposes, shall pay to said city or 
town seventy-five cents for each week of five days, or 
major part thereof, of attendance of every such child in 
the public schools. Approved March 18, 1915. 

An Act to make the Worcester state asylum a hospital Chap. 79 

FOR the insane AND TO CHANGE ITS NAME. 

Be it enacted, etc., as follows: 

Section 1. The Worcester state asylum is hereby made Worcester 
a state hospital for the care of the insane and shall be subject marfo^a hos™ 
to all provisions of law applicable to such state hospitals. fnsali?'etc.^ 

Section 2. The name of the Worcester state asylum is Name changed. 
hereby changed to the Grafton state hospital. 

Section 3. Section fourteen of chapter five hundred and isos. 504, § i4 

„ (>i PI • 1111- '''•'^•' amended. 

tour 01 the acts or the year nmeteen hundred and nme, as 
amended by chapter four hundred and forty-two of the acts 
of the year nineteen hundred and fourteen, is hereby further 
amended by striking out the words "Worcester state asy- 
lum", and inserting in place thereof the words: — Grafton hoT'itai ^*'**^ 
state hospital. 

Section 4. On or before the first day of August, nineteen Board of 
hundred and fifteen, the governor, with the advice and ap^iofnted."^ 
consent of the council, shall appoint seven persons, five of 
whom shall be men and two of whom shall be women, who 
shall constitute the board of trustees of the Grafton state 
hospital, and who shall hold their offices, one until the first 
Wednesday of February, nineteen hundred and sixteen, one 
until the first Wednesday of February, nineteen hundred 
and seventeen, one until the first Wednesday of February, 
nineteen hundred and eighteen, one until the first Wednesday 



66 General Acts, 1915. — Chaps. 80, 81. 

of February, nineteen lunidred and nineteen, one until the 
first Wednesday of February, nineteen hundred and twenty, 
one until the first Wednesday of February, nineteen hundred 
and twenty-one, one until the first Wednesday of February, 
nineteen hundred and twenty-two, or until their successors 
Powers and are appointed and qualified. Said trustees shall have all 
the power and authority over the Grafton state hospital 
now exercised by the present trustees over the Worcester 
state hospital and the Worcester state asylum, and shall be 
subject to all the provisions of law relating to trustees of 
state hospitals for the care of the insane; but the trustees 
of the Worcester state hospital and the Worcester state 
asylum shall continue to exercise the duties of trustees of 
the Grafton state hospital until their successors are duly 
appointed and c[ualified, as hereinbefore provided, and 
thereafter shall exercise the duties of trustees of the Worces- 
ter state hospital only. 

Section 5. This act shall take effect upon its passage. 

A])j)roved March 18, 1915. 

Chap. 80 An Act to authorize local moth superintendents to 

FURNISH ARSENATE OF LEAD TO TOWNS. 

Be it enacted, etc., as follows: 

1913, 605 § 1, Section 1. Section one of chapter six hundred and five 

of the acts of the year nineteen hundred and thirteen is 

hereby amended by striking out the words "now receiving 

aid from the commonwealth in suppressing the said insect 

pests", in the third and fourth lines, so as to read as 

Arsenate of f ollows : — Sectioii 1 . For the purpose of assisting in the 

furnished to extermination of gypsy and brown tail moths, the local 

owners lor Hioth Superintendent in any city or town is hereby au- 

afcost.^"^''"^'^^ thorized to furnish, at the cost thereof, arsenate of lead to 

any owner of real estate situated within the limits of such 

city or town. Material purchased under the provisions 

hereof shall be used only for the suppression of gypsy and 

brown tail moths and only upon land of the purchaser. 

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

Approved March 18, 1915. 

Chap. 81 ^N Act relative to school attendance and to the 

employment of minors. 

Be it enacted, etc., as follows: 

Jtc ^amended Section 1. Scctiou onc of chapter forty-four of the 
Revised Laws, as amended by chapter three hundred and 



General Acts, 1915. — Chap. 81. " 67 

twenty of the acts of the year nineteen hnndred and five, 
by chajjter three hundred and eighty-three of the acts of the 
year nineteen hundred and six, and by section one of chapter 
seven hundred and seventy-nine of the acts of the year nine- 
teen hundred and thirteen, is hereby further amended by 
striking out in the thirtieth hne, the word "five", and in- 
serting in phice thereof the word: — seven, — and by 
striking out the word "ten", in the same line, and inserting 
in pUice thereof the word : — fourteen, — so as to read as 
follows : — Section 1 . Every child between seven and four- School 

, p 1 •! 1 1 • X e attendance of 

teen years oi age, every cnild under sixteen years oi age certain children 
who does not possess such ability to read, write and spell <=°'np^'^°'"y- 
in the English language as is required for the completion of 
the fourth grade of the public schools of the city or town in 
which he resides, and every child under sixteen years of 
age who has not received an employment certificate as 
provided in this act and is not engaged in some regular em- 
ployment or business for at least six hours per day or has 
not the written permission of the superintendent of schools 
of the city or town in which he resides to engage in profitable 
employment at home, shall attend a public day school in 
said city or town or some other day school approved by 
the school committee, during the entire time the public 
schools are in session, subject to such exceptions as are pro- 
vided for in sections four, five and six of this chapter and in 
section three of chapter forty-two 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; but such attendance shall not be re- 
quired of a cliiild whose physical or mental condition is such 
as to render attendance inexpedient or impracticable, or 
who is being otherwise instructed in a manner approved in 
advance by the superintendent of schools or the school 
committee. The superintendent of schools, or teachers in 
so far as authorized by said superintendent or by the school 
committee, may excuse cases of necessary absence for other 
causes not exceeding seven day sessions or fourteen half- 
dav sessions in any period of six months. For the purposes Approval of 

„• , . . 11 •j.j. 1 11 • . private schools. 

or this section, school committees shall approve a private 
school only when the instruction in all the studies required 
by law is in the English language, and when they are satisfied 
that such instruction equals in thoroughness and efficiency, 
and in the progress made therein, the instruction in the 
public schools in the same city or town; but they shall not 



68 



General Acts, 1915. — Chap. 82. 



R. L. 44, § 2, 
etc., amended. 



Penalty for 
failure to 
cause child to 
attend school. 



Penalty for 
inducing child 
to absent him- 
self unlawfully 
from school, etc. 



refuse to approve a private school on account of the rehglous 
teaching therein. 

Section 2. Said chapter forty-four of the Revised Laws, 
as amended by section two of said chapter seven hundred 
and seventy-nine of the acts of the year nineteen hundred 
and thirteen, is hereby further amended by striking out the 
word "five", in the fourth Hue, and inserting in place thereof 
the word: — seven, — and by striking out the word "ten", 
in the same line, and inserting in place thereof the word : — 
fourteen, — so as to read as follows :^ — Section 2. Every 
person having under his control a child as described in section 
one shall cause him to attend school as therein required, and, 
if he fails for seven day sessions or fourteen half-day sessions 
within any period of six months while such control obtains, 
to cause such child so to attend school, he shall, upon com- 
plaint by an attendance officer and conviction thereof, be 
punished by a fine of not more than twenty dollars, and no 
physical or mental condition which is capable of correction, 
or which renders the child a fit subject for special instruction 
at public charge in institutions other than public day schools, 
shall avail as defence under the provisions of this or the 
preceding section, unless it shall be made to appear that 
the defendant has employed all reasonable measures for 
the correction of the condition and the suitable instruction 
of the child. 

Whoever induces or attempts to induce a child to absent 
himself unlawfully from school, or employs or harbors a 
child while school is in session, shall be punished by a fine of 
not less than ten nor more than fifty dollars. 

Approved March 18, 1915. 



Chap. 82 An Act to authorize the insurance commissioner 

TO LICENSE corporations AS INSURANCE AGENTS AND 
BROKERS. 

Be it enacted, etc., as follows: 

Section 1. The insurance commissioner is hereby au- 
thorized to license as an insurance agent or broker, under the 
terms and subject to the conditions now applicable to the 
appointment and licensing of insurance agents and brokers 
in so far as the same may be applicable to corporations, 
any foreign or domestic corporation incorporated for this 
purpose exclusively and by its articles of incorporation and 



Insurance 
commissioner 
may license 
corporations 
as insurance 
agents and 
brokers. 



General Acts, 1915. — Chap. 83. 69 

its by-laws restricting the holding and ownership of its cap- 
ital stock to persons actually engaged as agents or brokers 
in the insurance business or employed in good faith by 
such agents or brokers. 

Section 2. The insurance commissioner may require to furnish 
any such corporation, upon making an application for a etc°™^ '°°' 
license or for the renewal of a license, to file Avith him such 
information as he may request relating to the corporation 
and its officers, directors and stockholders, and the com- 
missioner may make such examination of the corporation's 
affairs as he may deem necessary. Every such license shall 
designate the officers of the corporation, not exceeding three, 
who may solicit or negotiate contracts of insurance in the 
name and in behalf of the corporation. 

Section 3. Any officer designated in the license shall Liability of 

oiiiccrs. 

be personally liable to the penalties of the statutes for any 
violation by him of any law now or hereafter in force ap- 
plicable to insurance agents or brokers, although such act is 
committed in the name of the corporation, and the corpora- 
tion shall be liable for any such violation, the responsibility 
for which cannot be placed upon any such officer. 

Section 4. This act shall take eftect upon its passage. 

Ayyroved March 18, 1915. 



An Act relative to the borrowing of money by towns. (^/^^^ 33 
Be it enacted, etc., as follows: 

Section 1. To provide the necessary funds to meet Borrowing of 
liabilities authorized to be incurred by section two of chapter tSwiiT ^ 
six hundred and ninety-two of the acts of the year nineteen 
hundred and thirteen, the town treasurer, with the approval 
of a majority of the selectmen, may borrow on notes of the 
town during any one month between January first and the 
next annual town meeting a sum not exceeding one twelfth 
of the previous tax levy, the same to be regarded as a part 
of the total amount which may be borrowed under the 
provisions of section three of chapter seven hundred and 
nineteen of the acts of the year nineteen hundred and thirteen, 
as amended; said notes shall be subject to certification by 
the director of the bureau of statistics in accordance with 
law. 

Section 2. The director of the bureau of statistics in certifying 
certifying notes authorized by this act shall furnish a state- ° °°*®^' 



70 General Acts, 1915. — Chaps. 84, 85. 

ment certifying to the amount of the tax levy of the preceding 
year as filed with the tax commissioner by the assessors of 
the town. 

Section 3. This act shall take effect upon its passage. 

Approved March 20, 1015. 

Chap. 84 An Act relative to the certification of town and 

DISTRICT NOTES BY THE DIRECTOR OF THE BUREAU OF 
STATISTICS. 

Be it enacted, etc., as folloivs: 
Certification Section 1. The Certification of town and district notes 

of town and iii- cii p •• 

district notes by tlic diFcctor of the bureau or statistics under the pro- 
of the bureau visioiis of chaptcr six huudrcd and sixteen of the acts of 

of statistics. ,i '.lIIIIj. jij 

the year nineteen hundred and ten, as amended, and as 
affected by chapter four hundred and sixteen of the acts of 
the year nineteen hundred and thirteen, and chapter seven 
hundred and twenty-seven of the acts of the year nineteen 
hundred and thirteen, as amended, shall be deemed prima 
facie evidence of the liability of the town or district issuing 
the same for the payment of the debt. 
Section 2. This act shall take effect upon its passage. 

Approved March 20, 1915. 

Chap. 85 An Act to authorize fire, avater, light, watch and im- 
provement districts to incur indebtedness. 

Be it enacted, etc., as follows: 

Fire, water SECTION 1. Firc, watcr, light, watch, and improvement 

improvement districts may, by a two thirds vote of the voters present and 
mayfncur voting at a meeting duly called, authorize the incurring of 
indebtedness, j^j^^ £^j, ^.j^^ purposcs prescribed, and payable within the 
periods specified, by sections five and six of chapter seven 
hundred and nineteen of the acts of the year nineteen hun- 
dred and thirteen, as amended, so far as they are authorized 
by law to make expenditures for the purposes mentioned in 
said sections. 
Use of proceeds. SECTION 2. The procccds of any sale of bonds or notes, 
except premiums, shall be used only for the purposes specified 
Proviso. in the authorization of the loan: provided, Jwwevcr, that 

transfers of unexpended amounts may be made to other 
accounts, to be used for similar purposes. 
May issue bonds SECTION 3. A district whicli lias authorized a debt to 
be incurred within the limitations as to amount and time of 



General Acts, 1915. — Chap. 85. 71 

payments prescribed by this act may issue bonds or notes 
therefor, signed by the treasurer and countersigned by a 
majority of the prudential committee or commissioners, at 
such rates of interest as may be deemed proper, and such 
a district may, except as is otherwise provided by section 
ten of chapter seven hundred and nineteen of the acts of the 
year nineteen hundred and thirteen, sell such bonds or 
notes at not less than par, at public or private sale, or may 
use the same in payment of such debts: lyromded, however, Proviso. 
that if the amount of the annual payment and the period of 
the loan are not specified by the vote authorizing the debt to 
be incurred, the officers authorized to issue bonds or notes 
therefor may issue the same subject to the provisions and 
limitations of this act. The prudential committee or com- Assessors to be 
missioners shall, not later than j\Iay first of each year, notify "moun't of debt 
in writing the board of assessors of the amount of debt falling ^'^"'"^ ^'^''' ''^''■ 
due during the current financial year, the sinking fund re- 
quirements, if any, and what provision has been made for 
meeting such requirements; and the board shall make such 
provision for meeting said debt and sinking fund require- 
ments in the tax levy of that year as, in its judgment, may 
be necessary. 

Section 4. No further sinking funds for the payment of sinking funds. 
debt shall be established by any district, but districts shall 
contribute to every sinking fund established prior to the 
passage of this act until every such sinking fund, with its 
accumulations, shall be sufficient to extinguish at maturity 
the debt for which it was established; and all provisions of 
law relating to the manner of establishing, administering, 
and investing sinking funds which may be in force at the 
time of the passage of this act shall remain in force wdth 
respect to all sinking funds established prior thereto. 

Section 5. Districts shall not issue any notes payable To provide 
on demand, and they shall provide for the payment of all paym^nS 
debts, except those incurred under the provisions of sections °" '^°^'^- 
three and nine of chapter seven hundred and nineteen of 
the acts of the year nineteen hundred and thirteen, as 
amended, by such annual payments as will extinguish the 
same at maturity, and in such manner that the first of such 
annual payments on account of any loan shall be made not 
later than one year after the date of the bonds or notes 
issued therefor, and that the amount of the annual pay- 
ment in any year on account of any such debt, so far as it 
may be issued, shall not be less than the amount of principal 



72 



General Acts, 1915. — Chap. 86. 



Early pay- 
ment, etc. 



Repeal. 



payable In any subsequent year; and such annual amounts, 
together with the interest on all debts, shall, without further 
vote, be assessed until the debt is extinguished. 

Section G. Districts may pay or provide for the pay- 
ment of any debt, whether incurred before or after the passage 
of this act, at an earlier period than is required by the pro- 
visions of this act, and shall not refund any debt except as 
provided in section nine of chapter seven hundred and nine- 
teen of the acts of the year nineteen hundred and thirteen, 
as amended; and districts may, for the purpose of reducing 
the whole debt for the redemption of which sinking funds 
have been established prior to the passage of this act, or of 
reducing the amount to be raised by taxation for such funds, 
add to any such sinking fund the excess of an appropriation 
over the amount required for the purpose thereof, or add to 
such funds any sums derived from taxation or from other 
sources not required by law to be expended otherwise. 

Section 7. All provisions of chapter seven hundred and 
nineteen of the acts of the year nineteen hundred and thirteen, 
as amended, which relate to districts or which are not in- 
consistent with this act shall remain in full force and effect 
and shall be deemed to apply to districts. 

Section 8. This act shall take effect upon its passage. 

Approved March 20, 1915. 



Chap. 86 



R. L. 91, § 85, 
etc., amended. 



City and town 
officers may 
regulate the 
taking of 
certain fish. 



An Act relative to the taking of scallops. 

Be it enacted, etc., as follows: 

Section eighty-five of chapter ninety-one of the Revised 
Laws, as amended by chapter five hundred and seventeen of 
the acts of the year nineteen hundred and thirteen, is hereby 
further amended by inserting after the word "fish", in the 
seventeenth line, the words: — provided, liowemr, that no 
person shall take scallops exceeding in c^uantity three bushels 
in any one week from the waters of any city or town by 
dredging without first obtaining a permit in writing from the 
mayor and aldermen or selectmen of such city or town, — 
and by adding at the end thereof the words : — Nothing in 
this section shall be construed as repealing section one of 
chapter two hundred and fifty-five of the acts of the year 
eighteen hundred and ninety-three, — so as to read as 
follow^s: — Section S5. The mayor and aldermen of cities 
and the selectmen of towns, if so instructed by their cities 
and towns, may, except as provided in the two preceding 



General Acts, 1915. — Chap. 87. 73 

sections, control, regulate or prohibit the taking of eels, 
clams, quahaiigs, razor fish, so-called, and scallops within 
the same; and may grant permits prescribing the times and 
methods of taking eels and such shell fish within such cities 
and towns and make such other regulations in regard to said 
fisheries as they may deem expedient. But an inhabitant of 
the commonwealth, without such permit, may take eels and 
the shell fish above named for his own family use from the 
waters of his own or any other city or town, and may take 
from the waters of his own city or town any of such shell fish 
for bait, not exceeding three bushels, including shells, in any 
one day, subject to the general rules of the mayor and alder- 
men and selectmen, respectively, as to the times and methods 
of taking such fish: ■provided, however, that no person shall Proviso, 
take scallops exceeding in quantity three bushels in any one 
week from the waters of any city or town by dredging without 
first obtaining a permit in writing from the maj^or and alder- 
men or selectmen of such city or town. The provisions of 
this section shall not authorize the taking of fish in violation 
of the provisions of sections forty-four and forty-five. Who- renaity. 
ever takes any eels or any of said shell fish without such 
permit, and in violation of the provisions of this section, 
shall forfeit not less than three nor more than fifty dollars. 
Nothing in this section shall be construed as repealing 
section one of chapter two hundred and fifty-five of the acts 
of the year eighteen hundred and ninety-three. 

Ajyproved March "20, 1015. 

An Act to provide that failure to comply with the Qhav. 87 

LAWS RELATING TO THE REGISTRATION AND EQUIPMENT 
OF MOTOR VEHICLES SHALL NOT BE A DEFENSE IN ACTIONS 
OF TORT. 

Be it enacted, etc., as follows: 

Section 1. Violation of the provisions of section nine Failure to 
of chapter five hundred and thirty-four of the acts of the th^iawsre'Lung 
year nineteen hundred and nine, which provides for the ^°,^p"ip°''not ^ 
registration and equipment of motor vehicles, shall not ''ff "*""'" j^^j^g 
constitute a defense to actions of tort for injuries suffered by 
a person, or for the death of a person, or for injury to property, 
unless it is shown that the person injured in his })erson or 
property or killed was the owner or operator of the motor 
vehicle the operation of which was in violation of said ])ro- 
visions, or unless it is shown that the person so injured or 



74 



General Acts, 1915. — Chaps. 88, 89. 



Time of taking 
effect, etc. 



killed, or the owner of the property so injured, knew or had 
reasonable cause to know that said provisions were being 
violated. 

Section 2. This act shall take effect upon its passage, 
but shall apply only to actions or causes of actions here- 
after accruing. Apiiroved March 20, 1915. 



Chap. 88 An Act to provide for a second assistant district 

ATTORNEY FOR THE SOUTHEASTERN DISTRICT. 

Be it enacted, etc., as foUoivs: 
Section 1. The district attorney for the southeastern 



Second 
assistant 

'^if^^^^ , ,. district may appoint a second assistant district attorney, and 

attorney for the ^ i i , ,.,. , i n i i 

southeastern may rcuiovc him at pleasure. His salary shall be twelve 
hundred dollars a year, payable from the treasury of the 
commonwealth. 



district, 

appointment 

etc. 



Certain pro- 
visions of law 
not to apply. 



Section 2. Section two of chapter one hundred and 
fifty-seven of the acts of the year nineteen hundred and five 
shall not apply to the office hereby created. 

Section 3. This act shall take effect upon its passage. 

Ayi^roved March 20, 1915. 



Chap. 89 An Act to increase the probation service in the 

central district court of WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The justice of the central district court of 
Worcester may appoint one male assistant probation officer 
and fix his salary, subject to the approval of the county 
commissioners of said county, to be paid by the county. 

Section 2. The justice of the central district court of 
Worcester may employ such clerical assistance in the office 
of the probation officer as he may deem necessary for the 
keeping, indexing and consolidation of the records required 
by the commission on probation, and to perform such other 
clerical duties connected with the probation service as may 
be required. The compensation for such service, which 
shall be fixed by the court, shall be paid by the county of 
Worcester upon vouchers approved by the court. 

Section 3. This act shall take effect upon its passage. 

Ayinoved March 22, 1915. 



Male assistant 

probation 

officer in the 

central district 

court of 

Worcester, 

appointment, 

etc. 

Clerical 

assistance. 



Compensation. 



General Acts, 1915. — Chaps. 90, 91. 75 



An Act relative to annual returns of school Chap. 90 

STATISTICS. 

Be it enacted, etc., as follows: 

Section 1. Clause Third of section four of chapter R. l. 43, § 4, 
forty-three of the Revised Laws, as amended by section 
three of chapter three hundred and sixty-eight of the acts 
of the year nineteen hundred and twelve and by section one 
of chapter three hundred and fifty-six of the acts of the 
year nineteen hundred and thirteen, is hereby further 
amended by inserting after the word "year", in the last line 
of said clause, the words: — and in Boston during the fiscal 
year instead of the school year, — so that the said clause 
will read as ioWows:— Third. The amount of money Annual returns 
raised by taxation by the town (or city), and expended staUsto. 
during the fiscal year last preceding 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, super- 
vision, text-books and supplies, and school sundries or inci- 
dentals, but excluding alterations of school buildings, other 
than repairs, and construction of schoolhouses and con- 
tributions 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, and in Boston 
during the fiscal year instead of the school year, last preceding 
the date of this certificate. 

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

Approved March 22, 1915. 

An Act relative to the assessment of poll taxes, to nhnr, 01 
lists of persons assessed and to registration in the 
city of boston. 

Be it enacted, etc., as folloivs: 

Section 1. Section fifteen of chapter eight hundred and i9i3, sss § 15, 
thirty-five of the acts of the year nineteen hundred and 
thirteen is hereby amended by striking out the words "except 
in Boston", in the tenth line, by inserting after the word 
"forty-four", in the thirteenth line, the words: — and in 
Boston by the election commissioners, — by inserting after the 
first paragraph the following new paragraph: — In Boston 



76 



General Acts, 1915. — Chap. 91. 



Assessors to 
make lists of 
male persons 
liable to a 
poll tax. 



To make lists 
of women 
voters. 



Police officer.? 
to distribute 
blanks, etc. 



Inmate of the 
Soldiers' Home 
may be assessed 
and vote in 
Chelsea. 
Assessors to 
correct errors 
and supply 
omissions. 



the police commissioner by such officers as he shall designate 
shall cause to be distriliiited during the last week in March, 
by leaving at each building used as a dwelling and at each 
apartment where there is more than one family or tenant, 
a blank to be filled out giving the name, age, occupation and 
residence on the first day of April of the current year, and 
the residence on the first day of April of the preceding year, 
of each male person twenty years of age or upward residing 
in said dwelling or apartment who is liable for a poll tax, — by 
striking out the words "except in Boston", in the twenty- 
eighth line, and by inserting after the word "voters", in 
the twenty-ninth line, the words: — and in Boston to the 
election commissioners, — so as to read as follows: — Section 
15. The assessors, assistant assessors, or one or more of 
them, shall annually, in April or May, visit every building 
in their respective cities and towns and, after diligent inquiry, 
shall make true lists containing, as nearly as they can ascer- 
tain, the name, age, occupation and residence, on the first 
day of April in the current year, and the residence on the 
first day of April in the preceding year, of every male person 
twenty years of age or upwards, residing in their respective 
cities and towns, liable to be assessed for a poll tax; and, 
shall inquire at the residences of the women voters whose 
names are contained in the list transmitted to them by the 
registrars under the provisions of section forty-four, and in 
Boston by the election commissioners, whether such women 
voters are resident thereat, and shall thereupon make true 
lists of the women voters found by them. 

In Boston the police commissioner by such officers as he 
shall designate shall cause to be distributed during the last 
week in March, by leaving at each building used as a dwelling 
and at each apartment where there is more than one family 
or tenant, a blank to be filled out giving the name, age, 
occupation and residence on the first day of April of the 
current year, and the residence on the first day of April of 
the preceding year, of each male person twenty years of age 
or upward residing in said dwelling or apartment who is 
liable for a poll tax. 

Any inmate of the Soldiers' Home in the city of Chelsea 
shall have the same right as any other resident of that city 
to be assessed and to vote therein. 

The assessors shall, upon the personal application of an 
assessed person for the correction of any error in their original 
lists, and whenever informed of any such error, make due 



General Acts, 1915. — Chap. 91. 77 

investigation, and, upon proof thereof, correct the same on 

their books. When informed of the omission of the name 

of a person who is averred to have lived in the city or town 

on the first day of April in the current year, and to have 

been assessed there in the preceding year, they shall make 

due investigation, and, upon proof thereof, supply the 

omission on their books, and, give immediate notice thereof 

to the registrars of voters, and in Boston to the election 

commissioners. They shall cause all applications, certificates Applications, 

and affidavits received bv them under this section to be preserved for 

preserved for two years. ' • t-"^^'^-- 

Section 2. Section sixteen of said chapter eight hundred amended.^ ^^' 
and thirty-five is hereby amended by striking out the words 
"except in Boston", in the first line, by inserting after the 
word "voters", in the third line, the words: — and in Boston 
to the election commissioners, — by inserting after the word 
"registrars", in the fifth line, the words: — to the election 
commissioners, — and by inserting after the word "regis- 
trars", in the ninth line, the words: — and the election com- 
missioners, — so as to read as follows: — Section 16. The Assessors to 
assessors shall from time to time, and before the fifteenth res'illrars and 
day of June in each year, transmit to the registrars of voters, I'^ts^etc^ 
and in Boston to the election commissioners, the lists made 
as provided in the preceding section, or certified copies thereof, 
and shall promptly transmit to the registrars, to the election 
commissioners, and to the collector of taxes notice of every 
addition to and correction in the lists made by them. Every 
assessor, assistant assessor and collector of taxes shall furnish 
all information in his possession necessary to aid the registrars, 
and the election commissioners, in the performance of their 
duties. 

Section 3. Section seventeen of said chapter eight ^^'^'j^^^g^ ^ *^' 
hundred and thirty-five is hereby amended by striking out 
the words "except in Boston", in the first line, and by in- 
serting after the word "registrars", in the tenth line, the 
words: — and in Boston to the election commissioners, — so 
as to read as follows: — Section 17. The assessors of cities Asesssorsof 
shall, on or before the fifteenth day of June in each year, and cerTainTdwns 
the assessors of towns having over five thousand inhabitants ^^^ts^^etr^^^^^ 
according to the latest census, state or national, shall, on or 
before the first day of July in each year, prepare street 
lists containing the names of all persons assessed by them 
for poll taxes for the current year. Such lists for cities and 
for towns divided into voting i)recincts shall be arranged by 



78 



General Acts, 1915. — Chap. 91. 



Lists of 
assessed polls 
to be posted 
in certain 
towns may 
be arranged 
alphabetically 
in certain 
towns. 



1913, 835, § 18, 
amended. 



Form and 
contents of 
street lists. 



1913, 835, § 19, 
amended. 



Assessment of 
person not 
previously 
assessed. 



voting precincts. They shall print such lists in pamphlet 
form, shall deliver to the registrars, and in Boston to the 
election commissioners, as many copies thereof as they may 
require, and shall hold the remaining copies for public 
distribution. In all other to\\Tis they shall, on or before the 
first day of July in each year, cause lists of all persons assessed 
therein for poll taxes to be prepared and conspicuously 
posted in two or more public places in every such to\Mi. 
In towns not divided into voting precincts such lists may 
be arranged alphabetically, according to the names of the 
persons on the list, or by streets. 

Section 4. Section eighteen of said chapter eight hundred 
and thirty-five is hereby amended by striking out the words 
"Except in Boston", in the first line, so as to read as fol- 
lows: — Sectioji 18. The assessors shall name or designate 
in such street lists all buildings used as residences, in their 
order on the street where they are located, by giving the 
number or other definite description of each building so 
that it can be readily identified, and shall place opposite to 
or under each number or other description of a building the 
name, age and occupation of every person residing therein 
on the first day of April of the current year and assessed for 
a poll tax, and his residence on the first day of April of the 
preceding year. 

Section 5. Section nineteen of said chapter eight hun- 
dred and thirty-five is hereby amended by striking out the 
words "except Boston", in the second line, by inserting 
after the word "registration", in the fourth line, the words: 
— and in Boston not later than the twentieth day of Decem- 
ber, — and by adding at the end of the first paragraph the 
words: — but in Boston no witnesses shall be required as 
aforesaid, and the name of no person who is assessed under 
the provisions of this section shall be certified to the election 
commissioners, — so as to read as follows: — Section 19. 
If a male person resident in a city or tow^l, on the first day 
of April was not assessed for a poll tax, he shall, in order to 
estal)lish his right to assessment, present to the assessors 
before the close of registration, and in Boston not later than 
the twentieth day of December, a statement under oath 
that he was on said day a resident of such city or town and 
liable to pay a poll tax therein, and a list under oath of his 
polls and estate and shall also produce l^efore the assessors 
two witnesses, who shall testify, under oath, that they 
are voters of the ward or town in which such person desires 



General Acts, 1915. — Chap. 91. 79 

to be registered and that the statement of the applicant is 

true; but in Boston no witnesses shall be required as afore- no witnesses 

said, and the name of no person who is assessed under the Boston."^ '^ 

provisions of this section shall be certified to the election 

commissioners. 

A male person who becomes a resident of a city or town, Certain persons 
except Boston, after the first day of April and desires to be relSeretAo" 
registered as a voter shall present to the assessors a state- ment'to* ^^^^^ 
ment under oath that he has been a resident of such city or assessors, etc. 
town for six months immediately preceding the election 
at which he claims the right to vote, and shall produce before 
the assessors two witnesses, who shall testify under oath 
that they are voters of the ward or town in which such 
person desires to be registered and that the statement of the 
applicant is true. If the assessors are satisfied that such 
statement is true, they shall, in the first case, assess such 
applicant for his polls and estate and give him a certificate 
of assessment, and in the second, give him a certificate that 
he has been a resident in such city or town the six months 
preceding such election, and forthwith notify the registrars 
of voters of the city or town, if in this commonwealth, where 
such person resided on the first of April, that they have 
given such certificate. 

Section 6. Section forty-six of said chapter eight hun- i9i3, 835, § 46, 
dred and thirty-five is hereby amended by striking out all ^^^'^ 
of said section after the word "residence", in the tenth line, 
and inserthig in place thereof the words: — In Boston, if a 
male person, twenty years of age or upward, resident in said 
city on the first day of April, was not assessed, he shall in 
person present a statement in writing under oath to the 
election commissioners at their principal office, who are 
hereby authorized to administer oaths for this purpose, that 
he was on the first day of April a resident of said city, giving 
his name, age, occupation and residence on the first day of 
April in the current year, and his residence on the first day 
of April in the preceding year. A male person, twenty years 
of age or upward, who becomes a resident of said city after 
the first day of April shall in person present a statement in 
writing under oath to the election commissioners at their 
principal office, who are hereby authorized to administer 
oaths for this purpose, that he became a resident of said city 
at least six months immediately preceding the election at 
which he claims the right to vote, giving his name, age, 
occupation and residence, and the date when he so became 



80 



General Acts, 1915. — Chap. 91. 



Male applicant 
to present 
tax bill or 
certificate, etc. 



Provisions 
applying in 
Boston. 



a resident and his residence on the first day of April in the 
current year. The board of election commissioners shall 
forthwith transmit a copy of such statement to the police 
commissioner who shall detail an officer to verify the state- 
ment of the applicant as to residence, and shall report to 
the election commissioners within five days the result of the 
investigation of such officer. If the statement of the ap- 
plicant as to residence is found to be true, the election com- 
missioners shall place the name of the applicant on the voting 
list; otherwise the election commissioners shall forthwith 
notify the applicant to appear before them, and, if not 
satisfied that his statement is true, shall not place his name 
upon the voting list: ■provided, however, that no application 
for registration vmder the provisions of this section shall be 
received by the election commissioners later than the thirtieth 
day preceding a state or municipal election. In Boston the 
board of election commissioners shall furnish to the assessors 
a true and correct list of all applicants, male or female, for 
registration who are found to have resided in Boston on the 
first day of April, and the board of assessors shall assess 
such male persons for a poll tax, — so as to read as follows: 
— Section Jfi. Every male applicant for registration, except 
in Boston, whose name has not been transmitted to the 
registrars as provided in section sixteen shall present a tax 
bill or notice from the collector of taxes, or a certificate from 
the assessors showing that he was assessed as a resident of 
the city or town on the preceding first day of April, or a 
certificate that he became a resident therein at least six 
months preceding the election at which he claims the right 
to vote, and the same shall be prima facie evidence of his 
residence. In Boston, if a male person, twenty years of age 
or upward, resident in said city on the first day of April, 
was not assessed, he shall in person present a statement in 
writing under oath to the election commissioners at their 
principal office, who are hereby authorized to administer 
oaths for this purpose, that he was on the first day of April 
a resident of said city, giving his name, age, occupation and 
residence on the first day of April in the current year, and 
his residence on the first day of April in the preceding year. 
A male person, twenty years of age or upward, who becomes 
a resident of said city after the first day of April shall in 
person present a statement in writing under oath to the 
election commissioners at their principal office, who are 
hereby authorized to administer oaths for this purpose, 



General Acts, 1915. — Chap. 91. 81 

that he became a resident of said city at least six months 
immediately preceding the election at which he claims the 
right to vote, giving his name, age, occupation and residence, 
and the date when he so became a resident and his residence 
on the first day of April in the current year. The board of 
election commissioners shall forthwith transmit a copy of 
such statement to the police commissioner who shall detail 
an officer to verify the statement of the applicant as to 
residence, and shall report to the election commissioners 
within five days the result of the investigation of such 
officer. If the statement of the applicant as to residence is n statement is 
found to be true, the election commissioners shall place the shSrbe"Xced 
name of the applicant on the voting list; otherwise the {|p°" ^°*'"s 
election commissioners shall forthwith notify the applicant 
to appear before them, and, if not satisfied that his state- 
ment is true, shall not place his name upon the voting list: 
■provided, however, that no application for registration under Proviso. 
the provisions of this section shall be received by the elec- 
tion commissioners later than the thirtieth day preceding a 
state or municipal election. In Boston the board of election 
commissioners shall furnish to the assessors a true and 
correct list of all applicants, male or female, for registration 
who are found to have resided in Boston on the first day of 
April, and the board of assessors shall assess such male 
persons for a poll tax. 

Section 7. Section seventy-six of said chapter eight i^is, 835. § 76, 
hundred and thirty-five is hereby amended by striking out 
the words "listing board", in the eleventh and thirty-fifth 
lines, and inserting in place thereof in each instance, the 
word: — assessors, — and by striking out the word "listed", 
in the thirteenth line, and inserting in place thereof the 
word: — assessed, — so as to read as follows: — Section 76. Election 
The election commissioners shall, after the first day of April to prepare 

, , . J J • • Vi annual register 

m each year, prepare an annual register containing the names of voters. 
of all qualified voters in Boston for the current year, be- 
ginning with such first day of April. Such names shall be 
arranged by wards and precincts and, opposite the name of 
each voter, shall be entered his residence on the preceding 
first day of April or any subsequent day when he became a 
resident of said city. The election commissioners shall 
enter in the annual register every name contained in the 
lists, for the current year, of persons transmitted to them by 
the assessors, giving, as the residence of each person on the 
first day of April, the place at which he was assessed by said 



82 



General Acts, 1915. — Chap. 91. 



ProviBO. 



To make 
necessary 
inquiries and 
investigations, 
etc. 



1913, 835, § 436, 
amended. 



Penalty on 
police officer 
in Boston. 



1913, 835, § 458, 
amended. 



Penalty for 
refusing to give 
true name or 
information 
in Boston. 



board; and likewise the name and residence, as aforesaid, 
of every woman voter whose name is contained in the list 
of women voters transmitted to them under this act: yro- 
rided, that in every case they are able to identify the name 
so transmitted as that of a man or woman whose name was 
borne on the voting list of said city at the last preceding 
election. They shall make all inquiries and investigations 
necessary to identify such person, and they shall not enter 
in the annual register the name of a person objected to by 
any commissioner, until such person has been duly notified 
and given an opportunity to be heard by them, and shall 
have appeared and satisfied them of his right to have his 
name so entered. They shall forthwith enter in the annual 
register the name of every person whose qualifications as a 
voter have been determined by them in the current year 
and whose name has accordingly been entered in the general 
register. They shall, on or before the first JMonday of 
August in each year, send notice in writing by mail to each 
male voter of the preceding year whose name has not been 
entered in the annual register of the current year that his 
name has not been so entered. They shall, before the first 
day of April in each year, transmit to the assessors a list of 
the women voters whose names are contained upon the 
register of the preceding year, with their residences, as 
they appear on said register. 

Section 8. Section four hundred and thirty-six of said 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words "member of the listing board or a", 
in the first line, and by striking out the words "enters on 
any list of male persons or women voters, or causes, or 
allows to be entered thereon", in the second, third and 
fourth lines, and inserting in place thereof the word : — re- 
ports, — so as to read as ioWows: — Section 4^36. A police 
officer in Boston who knowingly reports the name of any 
person as a resident of a building, who is not a resident 
thereof, shall for each offence be punished by imprisonment 
for not more than one year. 

Section 9. Section four hundred and fifty-eight of said 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words "a member of the listing board or", 
in the fourth line and in the tenth and eleventh lines, so 
as to read as follows: — Section 4-5S. Whoever in Boston, 
being an inmate of a building and a male resident twenty 
years of age or upward, refuses or neglects to give his true 



General Acts, 1915. — Chap. 91. 83 

name, when asked by a police officer acting luider this act, 
or whoever, being an owner or occupant of a building, or a 
clerk, superintendent, manager or other person having in 
charge the affairs of a hotel or lodging house, refuses or 
neglects to give the full and true information within his 
knowledge relating to all persons residing in such building, 
when asked by a police officer acting under this act, shall 
be punished by imprisonment for not more than three 
months. 

Section 10. Section four hundred and fifty-nine of said amended.^ ^^^' 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words "a member of the listing board or", 
in the third line, and by striking out the words "list of male 
residents twenty years of age or upwards or women voters", 
in the fourth and fifth lines, and inserting in place thereof 
the words: — report under this act, — so as to read as fol- 
lows: — Section 4^0. Whoever knowingly gives to an as- Penalty for 
sessor or assistant assessor, for the purpose of the assess- non-rlsktrnt.° 
ment of a poll tax, or in Boston to a police officer, for the 
purpose of making a report under this act, the name of any 
person as a resident of a building, who is not a resident 
therein, shall be punished by imprisonment for not more 
than one year. 

Section 11. Section four hundred and sixty of said ^^^'^^'J^jjj^ ^^''' 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words "or in Boston for being listed or given 
a certificate by the listing board", in the fourth and fifth 
lines, so as to read as follows: — Seciion 4^0. Whoever Penalty for false 
knowingly or wilfully makes a false affidavit, takes a false orcenuicate. 
oath or signs a false certificate relative to the qualifications 
of any person for assessment or registration shall be punished 
by imprisonment for not more than one year. 

Section 12. Section four hundred and sixty-one of said amended.^ *^'' 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words "or given a certificate of such resi- 
dence by the listing board", in the fourth and fifth lines, so 
as to read as follows: — Section 4^1. Whoever in Boston Penalty for 
aids or abets a person in knowingly or wilfully making a abeufng^in 
false affidavit, taking a false oath or signing a false certificate, ^°'^^"'^- 
relative to the qualifications of any person for being listed 
as a resident thereof, shall be punished by imprisonment 
for not more than one year. 

Section 13. Sections sixty-nine, seventy, seventy-one. Repeals, 
seventy-two, seventy-three, seventy-four and seventy-five 



84 General Acts, 1915. — Chap. 92. 

of said chapter eight hundred and thirty-five are hereby 
repealed. 

Section 14. All acts and parts of acts inconsistent 
herewith are hereby repealed. 
J^^e of taking Section 15. This act shall take effect on the first day 
of January, nineteen hundred and sixteen. 

Apx>roved March 22, 1915. 

Chap. 92 An Act relative to the payment of fees by gas and 

ELECTRIC companies FOR FILING AND RECORDING CERTAIN 
certificates in the office of the SECRETARY OF THE 
COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

amendtd.^ ^'' Scctiou nincty-ouc of chapter seven hundred and forty- 
two of the acts of the year nineteen hundred and fourteen 
is hereby amended by striking out the word "organization", 
in the fifth line, and inserting in place thereof the word : — 
incorporation, — and by adding at the end thereof the 
words: — For filing and recording the certificates or copies 
of the vote required by sections twenty-nine, forty-eight, 
fifty-two, fifty-three, sixty-eight, sixty-nine, seventy-one 
and seventy-two, one dollar for each certificate or copy of 
the vote. For filing and recording the certificate required 
by section sixty-five, five dollars, — so as to read as fol- 
gaTSiT*''^ lows: — Section 91. The fees for filing and recording the 
electric com- certificates which are required by this act to be filed with 

panies of certain pi iiini 

fees, etc thc Secretary of the commonwealth shall be as follows: — 

For filing and recording the certificates required by section 
ten, including the issuing of the certificate of incorporation 
by the secretary, one twentieth of one per cent of the amount 
of the capital stock as fixed by the agreement of association; 
but not less in any case than five dollars. 

For filing and recording the certificate required by section 
sixty-eight, one twentieth of one per cent of the amount by 
which the capital is increased. 

For filing and recording the certificates or copies of the 
vote required by sections twenty-nine, forty-eight, fifty-two, 
fifty-three, sixty-eight, sixty-nine, seventy-one and seventy- 
two, one dollar for each certificate or copy of the vote. 

For filing and recording the certificate required by section 
sixty-five, five dollars. Approved March 22, 1915. 



General Acts, 1915. — Chaps. 93, 94. 85 



An Act to provide for an increase in the limit of (Jjidj) 93 
joint accounts in savings banks and other banking 
institutions. 

Be it enacted, etc., as folloivs: 

Chapter two hundred and twenty-eight of the acts of the iQii, 22s, 
year nineteen hundred and eleven is hereby amended by 
inserting after section one the following new section: — Sec- Limit of joint 
iion 2. The bank, savings bank, or institution for savings savings Variks, 
may receive deposits on the accounts provided for in section ^^^" "^^^^^^ ■ 
one to the amount of two thousand dollars, and may allow 
interest upon such deposits and upon the interest accumulated 
thereon imtil the principal with the accrued interest amounts 
to four thousand dollars, and thereafter upon no greater 
amount than four thousand dollars. Persons having a de- 
posit as provided for in section one may also make deposits 
in their individual names, but the total amount of such 
deposits both joint and individual shall not exceed two 
thousand dollars, and the bank, savings bank, or institution 
for savings may allow interest upon such deposits and upon 
the interest accumulated thereon until the principal with 
the accrued interest on all said accoimts amounts to four 
thousand dollars, and thereafter upon no greater amount 
than four thousand dollars. Approved March 22, WIS. 



An Act relative to transfer cards for public school (JJiqjj 94 
pupils changing their residences. 

Be it enacted, etc., as folloivs: 

Section 1. When anv child required by section one of Transfer cards 

• , 1 ' to be furnished 

chapter fortv-four of the Revised Laws, as amended bv public school 

X- ' J" 1 X 1 J J J X • 'r PUP'I'^ changing 

section one oi chapter seven nundrecl and seventy-nine or their residences. 
the acts of the year nineteen hundred and thirteen, to 
attend school is being educated in any public or private 
school or in any institution in any city or town, and leaves 
such school or institution because of change of residence to 
another city or town in the commonwealth, the superin- 
tendent of schools, if the child attends a public school, and 
the person in charge, if the child attends a private school 
or is being educated in any institution, shall furnish to such 
child a transfer card giving the name of the child, his age, 
his grade in school, and in every case possible, the street 
and number of his new residence, and shall send without 



86 



General Acts, 1915. — Chaps. 95, 96. 



delay a similar transfer card to the superintendent of schools 
of the city or town in which the child is to reside. 
Section 2. This act shall take effect upon its passage. 

Ajjproved March 22, 1015. 



Chap. 95 An Act relative to the retirement of certain vet- 
erans IN the service of the commonwealth. 



1907, 458, § 1, 
amended. 



Retirement of 
certain veterans 
in the service 
of the com- 
monwealth . 



Proviso. 



Be it enacted, etc., as follows: 

Section one of chapter four hundred and fifty-eight of the 
acts of the year nineteen hundred and seven is hereby 
amended by inserting after the word "war", in the tenth 
line, the words: — after five years, — and by striking out 
the words "at any time", in the twelfth and thirteenth 
lines, so as to read as follows : — ■ Section 1 . A veteran 
of the civil war in the service of the commonwealth, if in- 
capacitated for active duty, shall be retired from active 
service, with the consent of the governor, at one half the rate 
of compensation paid to him when in active service, to be 
paid out of the treasury of the commonwealth: provided, 
that no veteran shall be entitled to be retired under the 
pro\'isions of this act unless he shall have been in the service 
of the commonwealth at least ten years. But if, in the 
opinion of the governor and council, any veteran of the 
civil war, after five years, in said service is incapacitated to 
such a degree as to render his retirement necessary for the 
good of the service, he may so be retired. A veteran retired 
under the provisions of this act, whose term of service was 
for a fixed number of years, shall be entitled to the benefits 
of the act without reappointment. 

Approved March 23, 1915. 



Chap. 96 An Act to provide for the removal from tide waters 
OF the piers and structure of an old bridge over 
the acushnet river. 

Be it enacted, etc., as folloivs: 

Section 1. The county commissioners of the county of 
Bristol are hereby authorized and directed to remove from 
the tide waters of Acushnet river all the piers and the whole 
structure of the old bridge which formerly extended o^'er 
Fish island and Pope's island from the town of Fairha^'en to 
the city of New Bedford in accordance with the recom- 
mendations and directions of the war department of the 



Removal from 
tide waters of 
the piers of an 
old bridge over 
the Acushnet 
river., 



General Acts, 1915. — Chap. 97. 87 

United States, and to do any necessary dredging connected 
therewith, the expense of such removal and dredging not to 
exceed two thousand dollars. 

Section 2. The county of Bristol shall pay the expense Payment of 
of said removal and dredging, and the county commissioners *'''P®'^®^- 
are hereby authorized and directed to issue two notes of the 
county therefor, each for the sum of one thousand dollars, 
to bear interest at a rate not exceeding five per cent per 
annum, payable semi-annually, one payable one year after 
the date of said loan, and the other payable two years after 
the date of the loan. Said notes shall be signed by the 
treasurer of the county and countersigned by a majority of 
the county commissioners. The county may sell said notes 
at public or private sale on 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. Such sum as may be needed to 
pay the interest as it accrues on the notes issued hereunder 
by the county, and the principal thereof, when due, shall be 
levied as a part of the county tax of the county of Bristol 
annually thereafter, in the same manner in which other taxes 
are levied, until the debt incurred by said loan or loans is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Approied March 21, 1915. 

An Act relative to days off for members of the fire nji^jj gy 

DEPARTMENTS IN CERTAIN CITIES. 

Be it cnncied, etc., as follows: 
Section 1. INIembers of the fire department of any of Daysofffor 

,..,.„ ii'i 1 • • e members of the 

the cities heremaiter named which accepts the provisions or fire department 

this act, as hereinafter provided, shall be excused from duty 

for one day out of every five days, without loss of pay. The 

time and the manner of 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 cases of 
head of any such fire department shall have authority, in emergency, 
case of any public emergency, to prevent any member of the 
department from taking the day oft' herein provided for at 
the time when he is entitled thereto, or at tlie time assigned 
therefor, provided that such day oft' shall be granted to him 
as soon thereafter as is practicable; and such days shall be 



88 



General Acts, 1915. — Chaps. 98, 99. 



Act to be 
submitted to 
voters at next 
municipal 
election. 



in addition to any annual vacation now or hereafter allowed 
to the members of said departments, and such annual vacation 
shall not be diminished on account of the days off herein 
provided for. 

Section 3. This act shall be submitted to the voters of 
the cities of Lowell, Taunton, Attleboro and Revere at the 
next municipal election therein, and shall take effect in any 
of the said cities upon its acceptance by a majority of the 
voters voting thereon; otherwise, it shall not take effect. 

Approved March 21^, 1915. 



R. L. 69, 
amended. 



Penalty for 
failure to file 
bond, etc. 



Chap. 98 An Act to impose a penalty for failure of public 

WAREHOUSEMEN TO FILE BONDS AND PROCURE LICENSES. 

Be it enacted, etc., as follows: 

Chapter sixty-nine of the Revised Laws is hereby amended 
by adding at the end thereof the following new sections: — 
Section 17. Whoever keeps and maintains a public ware- 
house for the storage of goods, wares and merchandise 
without procuring a license and giving a bond, as provided 
in section one, shall be punished by a fine not exceeding one 
thousand dollars, and shall further be restrained and en- 
joined by the supreme judicial court from maintaining such 
a public warehouse, upon an information in equity brought 
by the attorney-general at the relation of any person. Sec- 
tion 18. The words "public warehouse", as used in this 
chapter, shall mean any building, or part of a building, kept 
and maintained for the storage of goods, wares and 
merchandise as a business; and the words "public ware- 
houseman" shall mean any person, corporation, partnership, 
association or trustees keeping and maintaining a public 
warehouse as defined in this section. 

Approved March 24, 1915. 



Certain words 
defined. 



Chap. 99 An Act relative to the definition of "motor cycle." 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and thirty-four of the 
acts of the year nineteen hundred and nine, as amended by 
section one of chapter two hundred and four of the acts of 
the year nineteen hundred and fourteen, is hereby further 
amended by adding at the end of the paragraph headed 
"Motor cycle", the following: — and to bicycles having a 



1909, 534, § 1, 
etc., amended 



General Acts, 1915. — Chaps. 100, 101. 89 

motor attached thereto and a driving wheel or wheels in 
contact with the groinid in addition to the wheels of the 
bicycle itself, — so that the said paragraph will read as 
follows: — "]\Iotor cycle" shall apply only to motor vehicles "Motorcycle," 
having but two wheels in contact with the gronnd, and a 
saddle on which the driver sits astride, and to bicycles having 
a motor attached thereto and a driving wheel or wheels in 
contact with the ground in addition to the wheels of the 
bicycle itself. Approved March 24, 1915. 



C/iap. 100 



An Act relative to the election of city and ward 
committees upon the redivision of cities into 

WARDS. 

Be it enacted, etc., as jollows: 

Section 1. Chapter eight hundred and thirty-five of ^^'^-^j^/j^ ^• 
the acts of the year nineteen hundred and thirteen is hereby 
amended by striking out section ninety and inserting in 
place thereof the following: — Section 90. Upon the re- Election of 
division of a city into wards each political party shall, at commuicls^'^ 
the next state primary, elect its ward committees for the "ed°vislonof 
term ending on the first Monday following the state primary ^^^'^fg''^*" 
in the second calendar year after such redivision, and the 
ward committees elected at the state primary in such second 
calendar year shall hold office from said IMonday until the 
first day of January in the fourth calendar year following 
the redivision and until their successors shall have organized. 
Each ward committee elected in such second year and each 
city committee shall meet and organize, as provided by 
section eighty-nine of said chapter eight hundred and thirty- 
five, within fifteen days after the said IMonday. 

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

Approved March 24, 1915. 

An Act relative to the jurisdiction of trial justices fhnq) ini 

in the county of NANTUCKET. 

Be it enacted, etc., as follows: 

A trial justice in the county of Nantucket shall have the jurisdiction 
same jurisdiction in respect to the crimes of larceny, and f/i Nantudle^^ 
assault and battery, and the same power to suspend sentences, '^°""*>'- 
as a police, district or municipal court. 

Approved March 24, 1915. 



90 



General Acts, 1915. — Chaps. 102, 103. 



Metropolitan 
park commis- 
sion may 
acquire land 
for administra- 
tive and 
service pur- 
poses for the 
Charles river 
basin. 



Chap. 102 An Act to authorize the metropolitan park commission 
TO provide administrative and service facilities for 

THE CHARLES RIVER BASIN. 

Be it enacted, etc., as folloivs: 

Section 1. The metropolitan park commission is hereby 
authorized to acquire land for administrative and service 
purposes for the Charles river basin as defined by chapter 
five hundred and twenty-four of the acts of the year nineteen 
hundred and nine, and to that end to exercise all the powers 
conferred upon said board by said act and by chapter four 
hundred and seven of the acts of the year eighteen hundred 
and ninet^'-three and acts in amendment thereof and in 
addition thereto, the cost thereof to be paid from any funds 
available for the construction and completion of said basin. 

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

Approved March 2^, 1915. 

Chap. 103 An Act to change the time within which bonds shall be 
payable under the act relative to the construction 
OF a new bridge over the neponset river between 

the town of MILTON AND THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section eight of chapter seven hundred and seventy-one 
of the acts of the year nineteen hundred and thirteen is 
hereby amended by striking out the word "ten", in the 
ninth line, and inserting in place thereof the word: — five, — 
so as to read as follows : — Section 8. The treasurer of the 
county of Suffolk and the treasurer of the county of Norfolk 
shall from time to time issue bonds of their respective counties 
as either may require, each bond to be designated on the 
face thereof, Granite Avenue Bridge Loan, and shall use 
the proceeds to meet the cost to be paid by them respec- 
tively under this act. Such bonds shall bear interest, payable 
semi-annually, at a rate not exceeding four per cent per 
annum, and shall be payable at such times, not less than five 
nor more than twenty years from their respective dates, as 
shall be determined respectively by the treasurer of the 
county of Suffolk and by the treasurer of the county of 
Norfolk, and as shall be expressed upon the face of the 
bonds. The provisions of chapter twenty-seven of the 
Revised Laws, and acts in amendment thereof and in addi- 
tion thereto, so far as they may be applicable and are con- 



1913, 771, § 8, 
amended. 



Time changed 
within which 
bonds shall be 
payable for 
the construc- 
tion of a new 
bridge over 
the Neponset 
river, etc. 



Certain provi- 
sions of law 
to apply. 



General Acts, 1915. — Chaps. 104, 105. 91 

sistent herewith, shall apply to the bonds issued under the 
authority of this act. The mayor of the city of Quincy, 
subject to the approval of the city council, and the select- 
men of the town of IMilton may, if they deem it advisable, 
borrow money for a jieriod not exceeding ten years for the 
purpose of meeting their respective assessments under this 
act, and may issue the notes or bonds of the city and town 
therefor. Such notes or bonds in each instance shall bear Granite Avenue 
on their face the words. Granite Avenue Bridge Loan, Act of Acrofioif"' 
1913, and shall bear interest at a rate not exceeding four per 
cent per annum. Apyroved March 25, 1015. 

An Act relative to the reports of analyses made by Chav -104: 

THE STATE DEPARTMENT OF HEALTH, OF DRUGS AND 
POISONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and ninety-five of the 1910,495, §2, 
acts of the year nineteen hundred and ten is hereby amended ^"^*'"^*'**- 
by striking out section two and inserting in place thereof the 
following: • — Scctio)i 2. The analyst, or an assistant analyst, state depart- 
of the state department of health shall, upon request, furnish hcaith°to fur- 
a signed certificate under oath of the result of the analysis catis'^ofanaiy- 
provided for in section one to any police officer or any agent a^n/po'so^s 
of an incorporated charitable organization, and the i)rcsenta- 
tion of such certificate to the court by any police officer or 
agent of any such organization shall be prima facie evidence 
that all the requirements and provisions of section one have 
been duly complied with. This certificate shall be sworn to to be prima 
before a justice of the peace or notary public, and the jurat ^^"*^ evidence. 
shall contain an allegation that the subscriber is the analyst 
or an assistant analyst of the state department of health, 
and when properly executed shall be prima facie evidence of 
the composition and quality of the drugs analyzed, and the 
court shall take judicial notice of the signature of the analyst 
or assistant analyst, and of the fact that he is such. 

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

Approved March 25, 1015. 

An Act relative to the nomination papers of candi- rjidy 1Q5 

DATES TO 15E VOTED FOR AT CITY AND TOWN PRIMARIES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty-four of chap- 1913, sss, § 134, 
ter eight hundred and thirty-five of the acts of the year ''"'"'^'^'i- 



92 



General Acts, 1915. — Chap. 106. 



Nomination 
papers for 
certain prima- 
ries to be filed 
with the city 
or town clerk. 

To be sub- 
mitted to 
registrars, etc. 



nineteen hundred and thirteen is hereby amended by striking 
out the words "not enrolled in any other party than that 
represented by the candidate whose name appears in the 
nomination papers", in the eleventh and twelfth lines, so 
as to read as follows: — Section lo4. All nomination papers 
of candidates to be voted for at city or town primaries 
shall be filed with the city or town clerk not less than ten 
week days previous to the day on which the primary is to 
be held for which the nominations are made. Every such 
nomination paper shall be submitted at or before five o'clock 
in the afternoon of the Saturday preceding the day on which 
it must be filed to the registrars of the city or town in which 
the signers appear to be voters, and the registrars shall 
forthwith certify thereon a number of signatures which are 
names of voters both in the city or town and in the district 
for which the nomination is made. They need not certify a 
greater number of names than are required to make a nomi- 
nation with one fifth of such number added thereto. Names 
not certified in the first instance shall not thereafter be 
certified on the same nomination papers. The city or town 
clerk shall not be required, in any case, to receive nomination 
papers for a candidate after receiving papers containing a 
sufficient number of certified names to make a nomination, 
with one fifth of such number added thereto. 
Section 2. This act shall take effect upon its passage. 

Approved March 25, 1915. 



Chap. lOQ An Act relative to the examination and registration 

BY THE BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS 
OF CERTAIN LIBRARIANS AND LIBRARY WORKERS. 

Be it enacted, etc., as folloivs: 

Section 1. The board of free public library commis- 
sioners is hereby authorized to determine by examination 
or by such rules as it may establish the selection and appoint- 
ment of supervising librarians and all other library workers 
who are paid wholly or in part, under the authority of said 
board, from the treasury of the commonwealth. 

Section 2. The board shall keep a registry of librarians 
which shall give due credit for experience and successful 
accomi)lishment as well as for formal examination, in order 
to assist library trustees who seek advice from the board in 
securing qualified librarians and assistants. 



Board of free 
public library 
commissioners 
may examine 
certain libra- 
rians, etc. 



Registry of 
librarians. 



General Acts, 1915. — Chap. 107. 93 

Section 3. Any expense incurred under this act shall ^^^,^5^3°^^°^ 
be paid from the appropriation for expenses authorized by 
section two of chapter three hundred and seventy-three of 
the acts of the year nineteen hundred and fourteen. 

Section 4. This act shall take effect upon its passage. 

Approved March 25, 1915. 

An Act relative to questions of law before the QJiqj^ ^07 

SUPREME judicial COURT ARISING IN THE COUNTY OF 
ESSEX. 

Be it enacted, etc., as folloivs: 

Section 1. Section fifteen of chapter one hundred and ^c.^amenJed.' 
fifty-six of the Revised Laws, as amended by section one of 
chapter fifty-four of the acts of the year nineteen hundred 
and three, is hereby further amended by inserting after the 
word "Barnstable", in the seventh line, the word: — Essex, 
— so as to read as follows: — -Section 15. A law sitting of fu"re^''°^ 
the court for the commonwealth shall be held annually at judicial court. 
Boston on the first Wednesday of January and may be ad- 
journed from time to time to places and times most con- 
ducive to the despatch of business and to the interests of 
the public. At such sitting, questions of law arising in the 
counties of Barnstable, Essex, Middlesex, Norfolk, Plymouth 
and Suffolk and, by consent of the parties filed in the case, 
such questions arising in other counties, and such questions 
for which no other provision is made, shall be entered and 
determined. 

Section 2. Section sixteen of said chapter one hundred ^J^ded' ^ ^^' 
and fifty-six, as amended by section two of chapter fifty- 
four of the acts of the year nineteen hundred and three, is 
hereby further amended by striking out the words "For 
the county of Essex, at Salem, on the first Tuesday of No- 
vember", in the seventeenth and eighteenth lines, and also 
by striking out the words "except in the county of Essex ", 
in the twenty-second line, so as to read as follows : — 
Section 16. For hearing questions of law arising in the Law sittings 
following counties, law sittings shall be held as follows: — counti^.'" 

For the county of Berkshire, at Pittsfield, on the second Berkshire. 
Tuesday of September. 

For the counties of Franklin and Hampshire, alternately at FrankUn and 
Greenfield and Northampton, on the first INIonday after the ^™^^ "^*^ 
second Tuesday of September, the sittings at Northampton 
being in the even years. 



94 



General Acts, 1915. — Chaps. 108, 109. 



Hampden. 



Worcester. 



Bristol, Dukea 
County and 
Nantucket. 



For the county of Hampden, at Springfield, on the second 
IMonday after the second Tuesday of September. 

For the county of Worcester, at Worcester, on the third 
IMonday after the second Tuesday of September. 

For the counties of Bristol, Dukes County and Nantucket, 
at Taunton, on the fourth JNIonday of October. 

Such sittings may be held for the trial of causes and for 
the despatch of business for which a court may be held by 
one justice in the county in or for which the court is held; 
but no jury shall be summoned for such sittings, unless an 
order therefor is issued by the justices of said court, or one 
of them, directed to the clerk of the courts of said county. 

Approved March 25, 1015. 



Chap. 108 An Act to provide for compl.vint and investigation 

BY THE state BOARD OF CONCILIATION AND ARBITRATION 
IN CASES OF ILLEGAL EMPLOYMENT OF PERSONS DURING 
STRIKES, LOCKOUTS OR OTHER LABOR DISPUTES. 

Be it enacted, etc., as follows: 

vSection 1. Section four of chapter three hundred and 
forty-seven of the acts of the year nineteen hundred and 
fourteen is hereby amended by inserting after the word 
"shall", in the second line, the words: — upon complaint 
of and after investigation by the state board of conciliation 
and arbitration, — so as to read as follows: — Section 4- 
Any person, firm, association or corporation violating any 
provision of this act shall, upon complaint of and after in- 
vestigation by the state board of conciliation and arbi- 
tration, be punished by a fine not exceeding one hundred 
dollars for each ofTence. 

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

Approved March 27, 1915. 



1914, 347, § 4, 
amended. 



Penalty. 



C/iap. 109 An Act to prohibit charges for the inspection of live 

STOCK, DAIRIES OR FARM BUILDINGS. 



Charges for 
the inspection 
of live stock, 
dairies or farm 
buildings 
prohibited. 



Be it enacted, etc., as follows: 

Section 1 . It shall be unlawful for any state or municipal 
inspector or other officer to charge any fee for the inspection 
of any live stock or of any dairy, barn or stable on any 
farm in which milk is produced for sale. 

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

Approved March 27, 1915. 



General Acts, 1915. — Chaps. 110, 111. 95 



An Act relative to the computation of reserves for (JJiq^j hq 
total and permanent disability provisions of life 
insurance contracts. 

Be it enacted, etc., as follows: 

Section eleven of chapter five hundred and seventy-six of etc','aiifpnlie!i. 
the acts of the year nineteen hundred and seven, as amended 
by chapters fifty-four and three hundred and fifteen of the 
acts of the year nineteen hundred and eleven, and by chapter 
seventy-four of the acts of the year nineteen hundred and 
twelve, is hereby further amended by inserting the follow- 
ing paragraph immediately after paragraph Fourth: — Fifth, Computation 
The reserve liability for the total and permanent disability certain prmi- 
provision incorporated in policies of life insurance shall be hSura"nce ^ 
computed on the basis of "Hunter's Disability Table", or '^°""-'*'''«- 
any similar table approved by the insurance commissioner, 
with interest not exceeding three and one half per cent per 
anmmi: jyrovided, that in no case shall said liability be less Proviso. 
than one half of the net annual premium computed by such 
table for the disability benefit. 

Approved March 27, 1015. 

An Act relative to the dismissal of frivolous appeals ChavAW 

FROM FINAL DECREES IN EQUITY OR PROBATE AND TO PRO- 
CEEDINGS THEREAFTER. 

Be it enacted, etc., as follows: 

Section one hundred and fifteen of chapter one hundred ^i^d«?; ^ "^' 
and seventy-three of the Revised Laws is hereby amended 
by adding at the end thereof the following: — Whenever 
after the entry in the supreme judicial court or in the superior 
court of a decree after rescript from the full bench of the 
supreme judicial court in a suit in equity or in probate pro- 
ceedings, an appeal is claimed from the decree, the justice 
by whom or by whose order the decree was entered may 
inquire into any reasons which may be assigned for the 
appeal, and if in his opinion the decree conforms to the 
terms of the rescript and the appeal is claimed merely for 
the purpose of delay, he may order the appeal dismissed, and 
such proceedings may forthwith be had and such processes 
may forthwith issue as are necessary to carry out the pro- 
visions of the decree. And if a further appeal is claimed 
from an order so dismissing an appeal it shall not operate to 
suspend or supersede the carrying into effect of the terms of 



96 



General Acts, 1915. — Chap. 112. 



Dismissal of 
frivolous 
appeals from 
final decrees 
in equity or 
probate, etc. 



the decree, and the full bench of the supreme judicial court 
may order such dismissal of appeal affirmed and may order 
the imposition of reasonable terms and double cost to the 
appellee, — so as to read as follows : — Section 115. If an ap- 
pellant or an excepting party or if the plaintiff in a case 
reported, at law, in equity or in probate proceedings, neglects 
to enter the appeal, exceptions or report in the supreme judi- 
cial court or to take the necessary measures by ordering 
proper copies to be prepared or otherwise for the hearing of 
the case, or if an excepting party neglects to provide a trans- 
cript of the evidence or of the instructions to the jury within 
the time ordered by the justice under the provisions of sec- 
tion one hundred and eleven, the court in which the appeal 
was taken or by which the exceptions were allowed or the case 
reported may, upon the application of the adverse party and 
after notice to all parties interested, order that the appeal be 
dismissed, the exceptions overruled or the report discharged, 
and that the judgment, opinion, ruling, order or decree ap- 
pealed from, or excepted to, be affirmed. Whenever after the 
entry in the supreme judicial court or in the superior court of 
a decree after rescript from the full bench of the supreme 
judicial court in a suit in equity or in probate proceedings, an 
appeal is claimed from the decree, the justice by whom or by 
whose order the decree was entered may inquire into any 
reasons which may be assigned for the appeal, and if in his 
opinion the decree conforms to the terms of the rescript and 
the appeal is claimed merely for the purpose of delay, he may 
order the appeal dismissed, and such proceedings may forth- 
with be had and such processes may forthwith issue as are 
necessary to carry out the provisions of the decree. And if 
a further appeal is claimed from an order so dismissing an 
appeal it shall not operate to suspend or supersede the 
carrying into effect of the terms of the decree, and the full 
bench of the supreme judicial court may order such dis- 
missal of appeal affirmed and may order the imposition of 
reasonable terms and double costs to the appellee. 

Approved March 27, 1915. 



Chap. 112 An Act relative to the powers of the land court in 

RESPECT to equitable RESTRICTIONS ON LAND. 

Be it enacted, etc., as follows: 
Powers oMiie SECTION 1. The land court shall have jurisdiction upon 
e%tabie ^ petition to register land, or if land has been previously 



General Acts, 1915. — Chap. 112. 97 

registered, upon a supplemental petition by the owner or restrictions on 
owners thereof, to hear and determine the question whether 
or not equitable restrictions arising under contracts, deeds 
or other instruments, limiting or restraining the use or the 
manner of using land are enforceable in whole or in part. 

Section 2. If the land court shall find and determine. May register 
after a hearing, that the enforcement of such restrictions or *''''® ^'■'"'' "''''• 
limitations, or any of them, would be inequitable or injurious 
to the public interests, it shall register title to the land free 
from said restrictions as and to the extent required by the 
equities of the case or by the public interests; or, in case of 
registered land, shall enter such order as may be appro- 
priate therefor : promded, however, that if the land court shall P''°v'''o- 
find and determine that such restrictions or limitations, or 
any of them, though they ought not to be enforced are 
nevertheless valid and have not become inoperative, illegal 
or void because contrary to law or injurious to the public 
interest, it shall, before registering said land free from said 
restrictions or limitations or any of them as aforesaid, ascer- 
tain and determine whether any person or property entitled 
to the benefits of such restrictions or limitations, or any of 
them, may be damaged by the non-enforcement of the same. 
If so, the case shall be referred to the superior court for the 
assessment of such damages. The amount of any damages 
so assessed, with interest thereon from the date of such 
assessment to the date of payment, at the rate allowed by 
law upon judgments, may be paid into the superior court 
at any time after such assessment for the benefit of the persons 
or property entitled thereto; and if so paid the clerk of the 
superior court shall so certify to the land court. If no 
damages shall be awarded the clerk of the superior court 
shall certify that fact to the land court. Upon such certifi- 
cation from the clerk of the superior court of the final de- 
termination of such proceedings for assessment and of the 
payment of any damages therein assessed, the title may be 
registered free from any restrictions, or in case of registered 
land may be freed therefrom by the entry of such order as 
may be appropriate therefor. 

Section 3. Any party aggrieved by a finding or decision Appeal. 
of the land court that the" enforcement of such restrictions or 
limitations, or any of them, would be inequitable or injurious 
to the public interests, may appeal therefrom to the supreme 
judicial court, which shall have power to draw from the 
facts and instruments stated in the record, findings or de- 



98 



General Acts, 1915. — Chap. 113. 



Powers and 
duties of the 
trustees of 
Massaohusetts 
training 
schools defined. 



cision any inferences of fact that might have been drawn 
therefrom at a trial, and to reverse or order such modification 
of said findings or decision as justice may require. The 
appeal shall be taken within twenty days after receipt of 
notice of the filing of such finding or decision, and further 
proceedings under section two shall be suspended until after 
the determination of said appeal. If an appeal is not duly 
prosecuted, the finding or decision shall stand as if no appeal 
had been taken. 
Section 4. This act shall take effect upon its passage. 

Approved March 27, 1915. 

Chap. lis An Act further to define the powers and duties of 

THE TRUSTEES OF MASSACHUSETTS TRAINING SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The board of trustees in charge of the in- 
dustrial school for boys, of the industrial school for girls and 
of the Lyman school for boys, may grant an honorable dis- 
charge to any person in their custody who, in its opinion, for 
meritorious conduct is worthy and deserving of such a dis- 
charge, and whom the trustees believe to be permanently re- 
formed. The court of commitment shall be so notified in 
writing and thereupon shall make an entry to the foregoing 
effect in their records concerning this particular person. 
An honorable discharge by the trustees, or upon attaining 
the age of twenty-one years, shall be a complete release 
from all penalties or disabilities incurred in consequence of 
commitment to any of the foregoing institutions. 

Section 2. The trustees may transfer any person com- 
mitted or transferred to the industrial school for boys or to 
the Lyman school for boys, who is still in the custody of said 
trustees, and who has proved unmanageable or an improper 
person to remain in either of the said institutions, to the 
Massachusetts reformatory; and in the same way may 
transfer any person committed or transferred to the industrial 
school for girls and still in the custody of the trustees, to the 
reformatory for women. Any person so transferred shall be 
accompanied by all mittimuses and processes, by a copy of 
the medical report, and by the facts covering the history and 
conduct of the person, and of the circumstances of the 
person's home, so far as they can be ascertained. In all 
other respects the transfer shall have the same effect as is 
now provided by law. All provisions of law inconsistent 
with this section are hereby repealed. 



May make 
transfers, etc. 



Repeal. 



General Acts, 1915. — Chap. 114. 99 

Section 3. The trustees may act as guardians for any May act as 
boy or girl in their charge who is under twenty-one years of ^^^'^ '^"^' 
age and who has neither parent Uving nor any guardian 
otherwise appointed, with all the power and authority con- 
ferred by the provisions of chapter one hundred and forty- 
five of the Revised Laws and amendments thereof, except 
that when a guardian otherwise may be appointed, the powers 
herein conferred shall cease. 

Section 4. The trustees shall make earnest effort to To induce 
induce boys and girls, in their charge on parole, to save some ''^^'"^^• 
portion of their earnings which, under the direction of the 
trustees, shall be placed in savings banks and held by them 
for the benefit of the ward, or when deemed necessary, ex- 
pended in his or her behalf, or by direction of the trustees 
applied on liabilities incurred by the ward. Upon the 
attaining of the age of twenty-one years, unless a different 
agreement is made by the trustees with the ward, these 
deposits shall be paid to the ward, or in case of death at any 
time, to his legal representatives. 

Section 5. The provisions of chapter three hundred and ^ong""!," f^^^to 
sixty-two of the acts of the year nineteen hundred and seven apply, 
shall be extended to inmates of the industrial school for boys. 

Section 6. This act shall take effect upon its passage. 

Approved March 27, 1915. 



An Act relative to the tenure of office of members nh„^ 114 

OF THE STATE BOARD OF AGRICULTURE. ^' 

Be it enacted, etc., as folloivs: 

Section 1. Chapter eighty-nine of the Revised Laws is r. l. so, §2. 
hereby amended by striking out section two and inserting ^^ended. 
in place thereof the following: — Section 2. The term ^^'I^^IC^ 
office of the present members of the board shall expire on the members of 

the state 

first Tuesday of December of the last year of the term for board of 
which they were appointed, and the term of office of mem- ^^'*^" 
bers hereafter appointed shall be three years, and one third 
of the members shall retire annually on the first Tuesday of 
December, except that appointments to fill vacancies, other 
than those which occur from the expiration of terms, shall 
be made in the same manner as original appointments for 
the residue of the unexpired term. 

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

Approved March 30, WIS. 



100 



General Acts, 1915. — Chaps. 115, 116. 



Chap. 115 An Act relative to municipal indebtedness. 



1913, 719, § 6, 
amended. 



Purposes for 
which cities 
and towns 
may incur 
indebtedness, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Clause (4) of section six of chapter seven 
hundred and nineteen of the acts of the year nineteen hun- 
dred and thirteen is hereby amended by striking out the 
words "a city or town", in the second and third lines, and 
inserting in place thereof the words: — the territory within 
which such gas or electric lighting plant is authorized to 
distribute its product, — so as to read as follows: — (4) For 
establishing, purchasing, extending or enlarging a gas or 
electric lighting plant within the limits of the territory within 
which such gas or electric lighting plant is authorized to 
distribute its product, twenty years; but the indebtedness 
so incurred shall be limited to an amount not exceeding in a 
town five per cent and in a city two and one half per cent of 
the last preceding assessed valuation of such town or city. 

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

Aiyproved March SO, 1015. 



1909, 514, § 89, 
etc., amended. 



C/iap. 116 An Act relative to prosecutions by district attorneys 
of violations of the laws relative to factories and 
workshops. 

Be it enacted, etc., as follows: 

Section eighty-nine of chapter five hundred and fourteen 
of the acts of the year nineteen hundred and nine, as affected 
by chapter seven hundred and twenty-six of the acts of the 
year nineteen hundred and twelve, is hereby amended by 
striking out the words "State inspectors of health", in the 
first line, and inserting in place thereof the words: — In- 
spectors of the state board of labor and industries, — and 
by striking out all after the word "prosecuted", in the 
thirteenth line, so as to read as follows: — Section 89. 
Inspectors of the state board of labor and industries, upon 
receipt of notice in writing, signed by any person having 
knowledge of the facts, that any factory or workshop as 
aforesaid is not provided with the apparatus prescribed in 
sections eighty-six and eighty-seven of this act shall visit and 
inspect such factory or workshop, and for that purpose they 
are authorized to enter any such factory or Avorkshop during 
working hours; and if they ascertain, in the foregoing or in 
any other manner, that the owner, proprietor or manager 



Prosecutions 
for violations 
of law relative 
to factories 
and work- 
shops. 



General Acts, 1915. — Chaps. 117, 118. 101 

thereof has failed to comply with the provisions of said 
sections, they shall make complaint to a court or judge 
having jurisdiction, and cause such owner, proprietor or 
manager to be prosecuted. Approved March 30, 1915. 



An Act relative to supplying fresh and pure drinking Qfiap.WJ 

WATER IN industrial ESTABLISHMENTS. 

Be it enacted, etc., as follows: 

Section seventy-eight of chapter five hundred and fourteen i909, sh. § 78. 
of the acts of the year nineteen hundred and nine, as affected 
by chapter seven hundred and twenty-six of the acts of the 
year nineteen hundred and twelve, is hereby amended by 
striking out the word "manufacturing", in the first line and 
also in the sixth line, and by inserting in place thereof, in 
each case, the word: — industrial, — and by striking out the 
words "the state inspectors of health", in the eighth line, and 
inserting in place thereof the words: — an inspector of the 
state board of labor and industries, — so as to read as fol- 
lows: — Section 78. All industrial establishments within industrial 
this commonwealth shall provide fresh and pure drinking mentsV 
water to which their employees shall have access during In^f^J^'^^ 
workhig hours. Any person, firm, association or corporation drmkmg water, 
owning, in whole or in part, managing, controlling or superin- 
tending any industrial establishment in which the provisions 
of this section are violated shall, upon complaint of an in- 
spector of the state board of labor and industries, of the board 
of health of the city or town, or of the selectmen of the town 
in which the establishment is located be punished by a fine Penalty, 
of one hundred dollars for each offence. 

Approved March 30, 1915. 

An Act relative to the incorporation and management Chap.W^ 

OF CO-OPERATIVE ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and forty-seven of the lois, 447, § 3, 
acts of the year nineteen hundred and thirteen is hereby *™'^° 
amended by striking out section three and inserting in 
place thereof the following: — Section 3. The capital stock incorporation 
of such a co-operative corporation shall not be less than ment of co- 
one hundred dollars, nor more than one hundred thousand ^odat'ions. 
dollars. No stockholder shall own shares of a greater par 
value than one tenth of the total par value of the capital 



102 



General Acts, 1915. — Chap. 118. 



1913, 447. 
amended. 



Use of the 
word "co-op- 
erative" 
restricted. 



Name or title 
to be altered. 



Fee for filing. 



1913, 447, § 6, 
amended. 



Distribution of 
earnings, etc. 



stock, nor shall any member be entitled to more than one 
vote on ain' subject arising in the management of the cor- 
poration. 

Section 2. Said chapter four hundred and forty-seven is 
hereby further amended by adding two new sections after 
section eight, to be numbered, respectively, nine and ten, 
as follows: — Section 9. No person, partnership, association 
or corporation, organized or doing business for profit, except 
corporations formed under the provisions of this act, or co- 
operative banks organized under chapter one hundred and 
fourteen of the Revised Laws, shall hereafter transact 
business under any name or title, which contains the word 
"co-operative". The provisions of section seventeen of 
chapter five hundred and ninety of the acts of the year nine- 
teen hundred and eight shall apply to violations of this 
section, and as prescribed therein, proceedings shall be 
brought against any person, partnership, association or 
corporation which violates the provisions of this section. 
Any person, partnership, association or corporation not or- 
ganized under the provisions of this act, transacting business 
under a name or title which contains the word " co-operative", 
shall alter the said name or title to comply with the pro- 
visions of this act within ninety days after its passage. Section 
10. The fee for filing and recording the articles of organiza- 
tion required by chapter four hundred and forty-seven of 
the acts of the year nineteen hundred and thirteen, including 
the issuing by the secretary of the commonwealth of the 
certificate of incorporation, shall be one twentieth of one per 
cent of the total amount of the authorized capital stock as 
fixed by the articles of organization, but not in any case less 
than five dollars. 

Section 3. Section six of chapter four hundred and 
forty-seven of the acts of the year nineteen hundred and 
thirteen is hereby amended by striking out clause 2 and in- 
serting in place thereof the following: — 2. The directors 
shall distribute the remainder of such earnings or any part 
thereof by a uniform dividend upon the amount of purchases 
or sales of shareholders, through the corporation, and, if the 
directors so vote, upon the amount of wages which have been 
earned and ])aid to employees except that in the case of a 
purchaser who is not a shareholder, but who desired to 
become a shareholder, a dividend of one half the uniform 
dividend may be declared upon such non-shareholder's 
purchases or sales and credited to him on account of the 



General Acts, 1915. — Chaps. 119, 120. 103 

purchase of stock for which he may subscribe. In pro- Dividends in 

\ . . . , , . "- . . productive 

ductive corporations, inchiding creameries, canneries, stor- corporations. 
ages, factories and the like, dividends shall be calculated 
on raw material delivered to the corporation instead of on 
goods purchased. If the corporation be both a purchasing 
and a selling, or a productive concern, the dividends may be 
on both raw material and on goods purchased. The profits 
or net earnings of such corporation shall be distributed to 
those entitled thereto at such times as the by-laws prescribe, 
which shall be as often as once in twelve months. 

Section 4. This act shall take effect upon its passage. 

Ajyproved March 30, 1915. 

An Act to authorize the establishment of public nhn^ i iq 

MARKETS BY CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as foUoivs: 

Section 1. All cities and all towns having a population certain cities 
of ten thousand or more are hereby authorized to provide maVesTrwish 
and maintain public markets with suitable buildings and p^*'"*^ markets. 
grounds. For this purpose, any such city or town may, with 
the approval of the state board of agriculture, take or acquire 
land by purchase or otherwise, with or without buildings, 
and may make alterations in buildings and construct new 
buildings on land so acquired. 

Section 2. All cities and all towns having a population PubUc market 
of ten thousand or more which do not maintain public p^""^- 
markets under the provisions of section one hereof shall, 
within one year after the passage of this act, designate one 
or more streets or squares, or parts thereof, or other public 
places, which shall be suitably situated and shall be approved 
by the state board of agriculture, to be used by farmers and 
other persons as public market places. 

Approved March 30, 1915. 

An Act to authorize the filing of notices of federal nhnj) lOQ 

TAX liens with REGISTERS OF DEEDS AND ASSISTANT 
RECORDERS OF THE LAND COURT. 

Be it enacted, etc., as folloics: 

Section 1 . The notice of a federal tax lien on real estate Filing of 
under the provisions of section three thousand one hundred "ed'erai tL 
and eighty-six of the Revised Statutes of the United States, ''®"''- 
as amended by an act approved the fourth day of March in 



104 



General Acts, 1915. — Chap. 121, 



Certain pro- 
visions of law 
to apply. 



Fee for filing, 
etc. 



the year nineteen hundred and thirteen, may be filed with 
the register of deeds for the county or district wherein the 
land subject to such lien is situated. 

Section 2. Such notice shall be recorded and duly in- 
dexed, or, if intended to affect registered land, shall, in lieu 
of recording, be filed and registered in the office of the 
assistant recorder of the land court for the registry district 
in which the land is situated, in accordance with the pro- 
visions of section seventy of chapter one hundred and twenty- 
eight of the Revised Laws. 

Section 3. The fee for the filing and recording or regis- 
tering of a notice under this act shall be fifty cents. 

Section 4. This act shall take effect upon its passage. 

Approved March 30, 1915. 



R. L. 73, § 4, 
amended. 



C/iap. 121 An Act to authorize the exchange of certain bonds, 
notes and certificates of indebtedness issued by 

CITIES and towns. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter seventy-three of the 
Revised Laws is hereby amended by adding at the end 
thereof the following : — Coupon or registered bonds, notes 
or certificates of a city or town may be surrendered to the 
city or town treasurer for cancellation and in exchange 
therefor one or more registered bonds, notes or certificates 
having the same maturity and rate of interest, may be 
issued to the same or to a new owner or owners. In cities, 
such new bonds, notes or certificates shall be signed by the 
treasurer and countersigned by the city auditor or comptroller 
and the mayor, or their successor or successors in office. 
In towns, such new bonds, notes or certificates shall be 
signed by the treasurer and countersigned by a majority of 
the selectmen, — so as to read as follows: — Section J^.. A 
county, city or town or any corporation organized under the 
laws of this commonwealth may, at the request of the 
owner or holder of a bond, promissory note or certificate of 
indebtedness issued by it payable to bearer, at any time 
more than one year before maturity thereof, issue in exchange 
therefor a bond, note or certificate of the same effect, payable 
to the owner or holder by name. Coupon or registered 
bonds, notes or certificates of a city or town may be sur- 
rendered to the city or town treasurer for cancellation and 
in exchange therefor one or more registered bonds, notes or 



Counties, 
cities, towns, 
etc., may 
exchange cer- 
tain bonds, 
notes, etc. 



General Acts, 1915. — Chap. 122. 105 

certificates having the same maturity and rate of interest, 

may be issued to the same or to a new owner or owners. 

In cities, such new bonds, notes or certificates shall be signed 

by the treasurer and countersigned by the city auditor or 

comptroller and the mayor, or their successor or successors 

in office. In towns, such new bonds, notes or certificates New bonds. 

shall be signed by the treasurer and countersigned by a °'^'''s°'' • 

majority of the selectmen. 

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 30, 1915. 

An Act to direct the county of hampden to erect Chav. 122 

BUILDINGS FOR A COUNTY TRAINING SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of H°^pde°n to 
Hampden are hereby authorized and directed to erect in the f "ct buildings 

IT V lor 3, countv 

county of Hampden suitable buildings for a Hampden county training school. 
training school, and to equip and furnish the buildings 
suitably for the instruction and training of children com- 
mitted thereto as habitual truants or school offenders. 

Section 2. In order to meet the expense incurred under County com- 
this act, the county commissioners of the county of Hampden may'i's^ue 
are herel\y authorized to borrow from time to time upon the gt""^^" °°'^^' 
credit of the county a sum not exceeding one hundred thou- 
sand dollars, and to issue the bonds or notes of the county 
therefor. The bonds or notes shall be payable in such 
annual payments, beginning not more than one year after 
the date of each loan, as will extinguish each loan within 
twenty 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 the loan payable in any subsequent 
year. Each authorized issue of bonds or notes shall constitute 
a separate loan. The said bonds or notes shall bear interest 
at a rate not exceeding five per cent per annum, payable 
semi-annually, and shall be signed by the treasurer of the 
county and countersigned by a majority of the county 
commissioners. The county may sell the said securities at fg^J^^tjeg 
public or private sale, upon such terms and conditions as the 
county commissioners may deem proper, but they shall not 
be sold for less than their par value, and the proceeds shall 
be used only for the purposes herein specified. 



106 



General Acts, 1915. — Chap. 123. 



Payment of 
loan. 



Section 3. The county commissioners, at the time of 
authorizing the said loan, shall provide for the payment 
thereof in accordance with the provisions of this act; and a 
sum sufficient to pay the interest as it accrues on the bonds 
or notes issued as aforesaid, and to pay the principal when it 
becomes due, shall be levied as a part of the county tax of 
the county of Hampden annually thereafter, in the same 
manner in which other county taxes are levied, until the 
debt incurred by said loan is extinguished. 

Section 4. This act shall take effect upon its passage. 

Approved March 30, 1915. 



Chap. 123 An Act to authorize, upon application of the indus- 
trial ACCIDENT BOARD, THE ISSUING OF COMMISSIONS FOR 
TAKING THE DEPOSITIONS OF WITNESSES RESIDING WITH- 
OUT THE COMMONWEALTH. 



19n, 751, Part 
III. § 3, etc., 
amended. 



Board to make 
rules. 



Be it enacted, etc., as follows: 

Section three of Part III of chapter seven hundred and 
fifty-one of the acts of the year nineteen hundred and eleven, 
as amended by section eight of chapter five hundred and 
seventy-one of the acts of the year nineteen hundred and 
twelve, is hereby further amended by inserting after the 
word "dispute", in the eighth line, the words: — Upon the 
written request of the board or of any member thereof, to- 
gether with interrogatories and cross-interrogatories, if any 
there be, filed with the clerk of the superior court for any 
county of this commonwealth, commissions to take deposi- 
tions of persons or witnesses residing without the common- 
wealth, or in foreign countries, or letters rogatory to any 
court in any other of the United States or to any court in 
any foreign country, shall forthwith issue from the said 
superior court, as in cases pending in said superior court, 
and upon the return of the said depositions or answers to 
letters rogatory the same shall be opened by the clerk of the 
court which issued the commissions or letters, and the said 
clerk shall endorse thereon the date upon which any dep- 
osition or answer to letters rogatory was received and the 
same shall forthwith be delivered to the board. No entry 
fee shall be charged in such cases, — so as to read as fol- 
lows: — Section 3. The board may make rules not in- 
consistent with this act for carrying out the provisions of 
the act. Process and procedure under this act shall be as 
summary as reasonably may be. The board or any member 



General Acts, 1915. — Chap. 124. 107 

thereof shall have the power to subpoena witnesses, ad- 
minister oaths, and to examine such parts of the books and 
records of the parties to a proceeding as relate to questions in 
dispute. Upon the written request of the board or of any Taking of 
member thereof, together with interrogatories and cross- pereonl'resid- 
interrogatories, if any there be, filed with the clerk of the ihe common- 
superior court for any county of this commonwealth, com- wealth. 
missions to take depositions of persons or witnesses residing 
without the commonwealth, or in foreign countries, or letters 
rogatory to any court in any other of the United States or 
to any court in any foreign country, shall forthwith issue 
from the said superior court, as in cases pending in said 
superior court, and upon the return of the said depositions 
or answers to letters rogatory the same shall be opened by 
the clerk of the court which issued the commissions or 
letters, and the said clerk shall endorse thereon the date 
upon which any deposition or ansv/er to letters rogatory was 
received and the same shall forthwith be delivered to the 
board. No entry fee shall be charged in such cases. The no entry fee 
fees for attending as a witness before the industrial accident *° ^"^ charged. 
board shall be one dollar and fifty cents a day, for attending 
before an arbitration committee fifty cents a day; in both 
cases five cents a mile for travel out and home. 

The superior court shall have power to enforce by proper Enforcement 
proceedings the provisions of this section relating to the ° ^'^°'''^® "*^''' 
attendance and testimony of witnesses and the examination 
of books and records. Aj^proved March 31, 1915. 

An Act relative to notifying owners of land infested Qho^y 124 

WITH GYPSY AND BROWN TAIL MOTHS. 

Be it enacted, etc., as follows: 

Section six of chapter three hundred and eighty-one of the i905, 3si. § 6, 
acts of the year nineteen hundred and five, as amended by '^ '^ ' '^""^" 
section four of chapter two hundred and sixty-eight of the 
acts of the year nineteen hundred and six, and by section 
two of chapter five himdred and ninety-one of the acts of 
the year nineteen hundred and eight, is hereby further 
amended by inserting at the end of the first paragraph the 
following: — The publication of the notice in newspapers 
published or circulated in the city or town at least three 
times during the month of October shall be deemed a com- 
pliance with the law, if in the opinion of the mayor or select- 
man such publication will be a sufficient notice, — so as to 



108 



General Acts, 1915. — Chap. 124. 



Owners of 
land infested 
with gypsy 
and brown 
tail moths to 
be notified. 



Destruction 
of nests, etc. 



City or town 
may destroy 
nests, etc., and 
assess upon 
lands amount 
expended, etc. 



read as follows : — Section G. The mayor of every city and 
the selectmen of every town shall, on or before the first 
day of November in each year, and at such other times as 
he or they shall see fit, or as the state superintendent may 
order, cause a notice to be sent to the ow^ner or owners, so 
far as can be ascertained, of every parcel of land therein 
which is infested with said moths; or, if such notification 
appears to be impracticable, then by posting such notice 
on said parcels of land, requiring that the eggs, caterpillars, 
pupa? and nests of said moths shall be destroyed within a 
time specified in the notice. The publication of the notice in 
newspapers published or circulated in the city or town at 
least three times during the month of October shall be 
deemed a compliance with the law, if in the opinion of the 
mayor or selectmen such publication will be a sufficient 
notice. 

When, in the opinion of the mayor or selectmen, the cost 
of destroying such eggs, caterpillars, pupse and nests on 
lands contiguous and held under one ov.'nership in a city or 
town shall exceed one half of one per cent of the assessed 
value of said lands, then a part of said premises on which 
said eggs, caterpillars, pupse or nests shall be destroyed 
may be designated in such notice, and such requirement 
shall not apply to the remainder of said premises. The 
mayor or selectmen may designate the manner in which 
such W'Ork shall be done, but all work done under this section 
shall be subject to the approval of the state superintendent. 

If the owner or owners shall fail to destroy such eggs, 
caterpillars, pupas or nests in accordance with the require- 
ments of the said notice, then the city or town, acting by the 
public officer or board of such city or town designated or 
appointed as aforesaid, shall, subject to the approval of 
the said superintendent, destroy the same, and the amount 
actually expended thereon, not exceeding one half of one 
per cent of the assessed valuation of said lands, as heretofore 
specified in this section, shall be assessed upon the said 
lands; and such an amount in addition as shall be required 
shall be apportioned between the city or town and the 
commonwealth in accordance with the provisions of section 
four of this act. The amounts to be assessed upon private 
estates as herein provided shall be assessed and collected, 
and shall be a lien on said estates, in the same manner and 
with the same effect as is provided in the case of assessments 
for street watering. 



General Acts, 1915. — Chap. 125. 109 

The public officer or board of any city or town designated pubiirofficer. 
or appointed as aforesaid, or any agent or employee of such 
public officer or board, may at any time enter upon any 
parcel of land within the limits of such city or town for the 
purpose of determining whether or not such parcel of land 
is infested with said moths, or the extent to which such 
parcel of land is so infested. A'pprowd March SI, 1015. 



An Act relative to the powers and duties of special (JIkuj ^25 

POLICE officers. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and ^^^^-Jj^jlj § '• 
sixty-three of the acts of the year nineteen hundred and 
seven is hereby amended by inserting after the word "a", 
at the end of the fourth line, the words: — special police 
officer appointed by the governor under chapter three hun- 
dred and eighty-four of the acts of the year nineteen hun- 
dred and twelve, or a, — so as to read as follows : — Sec- povvers and 
Hon 1. Any officer or agent of any society incorporated tain'^^ffiLrf" 
under the laws of Massachusetts for the prevention of cm- [(-yabfed*" 
elty to animals or for the care and protection of homeless or animals, etc. 
suffering animals, provided he is also a special police officer 
appointed by the governor under chapter three hundred and 
eighty-four of the acts of the year nineteen hundred and 
twelve, or a constable, sheriff or deputy sheriff, or a police 
officer of any city or town, may take possession of any old, 
maimed, disabled, diseased or injured animal and apply to 
any municipal, district or police court or trial justice within 
whose district the animal is found for process to cause the 
same to be killed humanely. If the owner is known, and 
if, after reasonable search, he can be found, a copy of such 
application shall be served upon him in hand with an order 
of court to appear at a time and place named to show cause 
why such animal should not be killed and its value de- 
termined. If the owner is not known, or if, after reasonable 
search, he cannot be found, the court shall order notices to 
be posted in two public places in the city or town in which 
the animal was found, stating the case in substance, and 
giving twenty-four hours' notice of a hearing on said ap- 
plication. At such hearing, if it appears that such animal 
is so old, maimed, disabled, diseased or injured as to be 
unfit for humane use, the court shall determine the value 



110 



General Acts, 1915. — Chap. 126. 



Proviso. 



of the animal, and shall Issue process directing any officer 
designated above to kill the same humanely. From the 
determination of the value of the animal the owner may 
appeal to the superior court in the same manner and with 
the same effect as in civil actions: "provided, that, if he has 
not been served personally wdth notice of such application, 
the appeal may be taken at any time within thirty days 
after he has actual notice or knowledge thereof, to be proved 
to the satisfaction of the court or justice appealed from, 
and within one year after such determination. 
Section 2. This act shall take effect upon its passage. 

Ap2)roved March 31 , 1915. 



1908, 604. § 83, 
etc., amended. 



Recruiting 
officers of the 
militia. 



Chap. 12Q An Act relative to recruiting and mustering officers 

OF the militia. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-three of chapter six hundred 
and four of the acts of the year nineteen hundred and eight, 
as amended by chapter three hundred and seventy-six of 
the acts of the year nineteen hundred and fourteen, is hereby 
further amended by striking out the first sentence and in- 
serting in place thereof the following: — The commanding 
officers of brigades, regiments, corps of cadets, separate 
battalion or squadron, signal corps or company, and of the 
naval brigade shall be the recruiting officers for their re- 
spective noncommissioned staffs and enlisted men attached 
or to be attached to the headquarters of their commands 
and enlisted men who are or are to be permanently detailed 
for duty away from the companies in which they are enlisted. 

Section 2. Section eighty-four of chapter six hundred 
and four of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the first sentence and in- 
serting in place thereof the following : — The officers named 
in the preceding section as recruiting officers shall be muster- 
ing officers for mustering in and administering the prescribed 
oath of enlistment to all soldiers enlisted by them, but any 
officer who is herein designated as recruiting officer may au- 
thorize any other officer of his command to muster in and 
administer the prescribed oath of enlistment to soldiers en- 
listed by such recruiting officer. 

Section 3. This act shall take effect upon its passage. 

Approved March 31, 1915, 



1908, 604, § 84, 
amended. 



To act as mus- 
tering officers. 



General Acts, 1915. — Chaps. 127, 128. Ill 



An Act relative to advertising sales of real estate (jj^^jy J27 

TAKEN UNDER EXECUTION. 

Be it enacted, etc., as folloivs: 

Section 1 . Section twenty-eight of chapter one hun- r. l. ns, § 28. 
dred and seventy-eight of the Revised Laws is hereby ^^^^ 
amended by striking out all after the word "published", 
in the seventh line, and inserting in place thereof the words: 
— once in each of three successive weeks, the first publication 
to be not less than twenty-one days before the day of sale, 
in a newspaper, if there be any, published in the city or 
town in which the land lies; otherwise, in a newspaper 
published in such county, — so as to read as follows : — Sec- Saies of real 
tion 28. The officer shall, thirty days at least before the unde?execS- 
sale, deliver to the debtor, if found within his precinct, a advertised. 
written notice of the sale and shall post a notice of the sale 
in a public place in the city or town in which the land lies 
and also in two adjoining cities or towns, if there are so 
many in the county. The officer shall also cause a notice of 
the time and place of sale to be published once in each of 
three successive weeks, the first publication to be not less 
than twenty-one days before the day of sale, in a news- 
paper, if there be any, published in the city or town in which 
the land lies; otherwise, in a newspaper published in such 
county. 

Section 2. This act shall take effect January first, nine- Time of taking 
teen hundred and sixteen, and shall not apply to cases in ^ ^^^' 
which final judgment has been entered before that date. 

Afproved March 31, 1915. 

An Act relative to the planting and cultivating of (JJiqj) 128 

CLAMS and QUAHAUGS IN THE COUNTY OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of any town in the county of i^^'BarLtabk 
Barnstable which accepts the provisions of this act, except county may 
the town of Barnstable, to which a similar act already planting and 
applies, may, by a writing under their hands, grant a license ciLmrand*^ ° 
for such a term of years, not exceeding fifteen, as in their ''^'^^"s^- 
discretion they may deem for the public good, to any citizen 
of such town to plant, cultivate and dig clams and quahaugs 
upon and in any flats and creeks in the town between mean 
high and mean low water mark, not, however, impairing the 



112 



General Acts, 1915. — Chap. 128. 



Granting of 

licenses 

restricted. 



Licenses to be 
recorded. 



Rights and 
privileges. 



Towns may 
make by-laws. 



Proviso. 



License may 
be revoked in 
certain cases. 



Penalty. 



private rights of any person. The territory covered by 
any such license shall not exceed two acres for each clam or 
quahaug grant. The license may be assigned by the licensee 
to any person who is a citizen of the town, but only with 
the written consent of the selectmen. Such license shall 
be granted only to such person or persons as intend in 
good faith to plant, cultivate and dig clams or quahaugs. 

Section 2. The licenses herein provided for shall not 
be granted if their exercise would materially obstruct navi- 
gable waters. No license shall be granted under this act 
until after a public hearing, notice of w^hich has been given 
by posting in three or more public places in the town at 
least ten days before the hearing. Such notice shall state 
the date of the hearing, the name and residence of the ap- 
plicant, the date of the filing of the application, and the 
location, area and description of the grounds applied for. 

Section 3. The license shall describe by metes and 
bounds the flats and creeks so appropriated, and shall be 
recorded by the town clerk before it shall have any force; 
and the licensee shall pay into the town treasury two dollars, 
and to the town clerk fifty cents. 

Section 4. The licensee and his heirs and assigns shall, 
for the purposes aforesaid, have the exclusive use of the 
flats and creeks described in the license during the time 
specified therein, and may in an action of tort recover treble 
damages of any person who, without his or their consent, 
digs or takes clams and quahaugs from such flats or creeks 
during the continuance of the license. 

Section 5. A town which accepts the provisions of this 
act may, at any annual meeting or at any special meeting 
called for the purpose, make such by-laws as the town may 
from time to time deem expedient, to protect and preserve 
the shellfisheries within the town: provided, always, that 
such by-laws shall not infringe the laws of the common- 
wealth. 

Section 6. If it appears to the selectmen that the 
licensee, or his heirs or assigns, for a period of two years 
has failed actually to use and occupy the grant for the 
purposes specified in the license, they may, after a public 
hearing, thirty days' notice of which shall be given to the 
licensee, revoke the license, and use of the territory shall 
revert to the town. 

Section 7. Whoever takes any shellfish from the waters 
of any town which accepts the provisions of this act in 



General Acts, 1915. — Chap. 129. 113 

violation of any by-law established by the town, or of any 
provision of this act, shall for every such offence pay a fine 
of not less than five nor more than ten dollars, and the costs 
of prosecution, and five dollars for every bushel of shellfish 
so taken. 

Section 8. A plan of each grant made under this act Plan of grant 
shall be kept in the office of the selectmen, and shall be inspection. 
open to public inspection at all times. 

Section 9. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

Section 10. This act shall take effect in any town to Act to be sub- 
which it applies upon its acceptance by a majority of the wters. etc. 
voters of the town voting upon the question of its acceptance 
at any annual town meeting, or at any special town meeting 
called for the purpose. 

(The foregoi?ig loas laid before fhe governor on the twenty- 
fifth day of March, 1915, and after five days it had "the force 
of a law", as prescribed by the constitution, as it ivas not 
returned by him with his objections thereto within that time.) 

An Act relative to the membership of the homestead qJkuj ^29 
commission. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and seven i9ii, 607, § i, 
of the acts of the year nineteen hundred and eleven is ^™''° 
hereby amended by striking out the word "board", in the 
fifth and sixth lines, and inserting in place thereof, in each 
instance, the word : — department, — so as to read as fol- 
lows: — Section 1. A commission is hereby established, to Homestead 
be known as the Homestead Commission, and to consist of how con-'°°' 
the following persons: — the director of the bureau of sta- stituted, etc. 
tistics, the bank commissioner, the president of the Mas- 
sachusetts Agricultural College, one member of the state 
department of health, to be selected by the department, and 
three other persons to be appointed by the governor, with 
the advice and consent of the council. The three members 
of the commission last named shall be appointed in the 
first place for terms of one, two and three years, respectively, 
and thereafter their successors shall be appointed for terms 
of three years. Of the i)ersons so appointed by the governor, 
one shall be a woman, and one at least shall represent the 
laboring class. The commission shall report to the next gen- 
eral court, not later than the tenth day of January, nineteen 



114 



General Acts, 1915. — Chap. 130. 



hundred and twelve, a bill or bills embodyinfi; a plan and 
the method of carrying it out whereby, with the assistance 
of the commonwealth, homesteads or small houses and plots 
of ground may be acquired by mechanics, factory employees, 
laborers and others in the suburbs of cities and towns. 
The members of the commission shall serve without com- 
pensation, but shall be allowed such sums for their expenses 
as may be approved by the governor and council. 
Section 2. This act shall take effect upon its passage. 

ApjJroved April 1, 1915. 



Chap.ldO An Act to require corporations and persons lawfully 

DELIVERING SPIRITUOUS LIQUORS IN NO LICENSE CITIES 
AND TOWNS TO KEEP A RECORD THEREOF. 



Be it enacted, etc., as follows: 



R. L. 100, § 50 
amended. 



Section 1. Section fifty of chapter one hundred of the 
Revised Laws is hereby amended by inserting after the word 
"him", in the sixth and ninth lines, the words: — or its 
or his agent or employee, — and by inserting at the end 
thereof the words: — Neglect to keep a book as hereinbefore 
provided or neglect by a railroad corporation, by a person or 
corporation regularly and lawfully conducting a general ex- 
press business, or by an agent or employee of such person or 
corporation having said book in his or its possession or 
custody, to make the entry in said book of the date of re- 
ception, the correct transcript of the marks, and the date of 
delivery as herein provided, or of any of them, or neglect on 
the part of any such person, corporation, agent or employee 
to secure the signature of the person to whom such liquor 
is delivered at the time of delivery, shall be deemed to be 
a misdemeanor and shall be punished by a fine of not less 
than fifty dollars nor more than five hundred dollars and 
by imprisonment for not less than one month nor more than 
six months, — so as to read as follows : — Section 50. Every 
railroad corporation and every person or corporation regularly 
OTsTn'no""^ and lawfully conducting a general express business, receiving 
spirituous or intoxicating liquor for delivery, or actually de- 
livering intoxicating liquor to any person or place in a city 
or town described in the preceding section, shall keep a 
book, and plainly enter therein the date of the reception b^'^ 
it or him, or its or his agent or employee, of each vessel or 
package of such liquor received for transportation, and a 



Corporations 
and persons 
lawfully deliv- 
erin 

liquors in no 
license cities 
and towns to 
keep records, 
etc. 



General Acts, 1915. — Chap. 131. 115 

correct transcript of the marks provided for by said section, 
and the date of its dehvery by it or him, or its or his agent or 
employee, and the name of the person to whom it was de- 
Hvered shall be signed to the same as a receipt; and said 
book shall at all times be open to the inspection of the ofh- 
cers named in section twenty-seven. vSuch officers shall not 
make public the information obtained by such inspection 
except in connection with the enforcement of law. Neglect Penalty. 
to keep a book as hereinbefore provided or neglect by a 
railroad corporation, by a person or corporation regularly 
and lawfully conducting a general express business, or by an 
agent or employee of such person or corporation having said 
book in his or its possession or custody, to make the entry 
in said book of the date of reception, the correct transcript 
of the marks, and the date of delivery as herein provided, 
or of any of them, or neglect on the part of any such person, 
corporation, agent or employee to secure the signature of 
the person to whom such liquor is delivered at the time of 
delivery, shall be deemed to be a misdemeanor and shall be 
punished by a fine of not less than fifty dollars nor more 
than five hundred dollars and by imprisonment for not less 
than one month nor more tlian six months. 
Section 2. This act shall take effect upon its passage. 

Approved April 1, 1915. 



An Act relative to advertising sales of personal Q]i(ij) 131 

PROPERTY TAKEN ON EXECUTION. 

Be it enacted, etc., as follows: 

Section 1 . Chapter one hundred and seventy-seven of ^^^/JJ' ^ ^^• 
the Revised Laws is hereby amended by striking out section 
thirty-seven and inserting in place thereof the following: — 
Section 37. The officer shall give notice of the time and fonal property 
place of the sale by causing notices thereof to be posted g^e°yt°on ^^ 
forty-eight hours at least before the time of the sale in a be advertised. 
public place in the city or town in which the sale is to be 
made, or by causing an advertisement of the time and place 
of sale to be published in a newspaper, if there be any, 
published in the city or town in which the debtor had his 
last and usual place of residence; otherwise in a newspaper 
published in the county. 

Section 2. This act shall take effect January first, nine- rime of taking 
teen hundred and sixteen. Approved April 1, 1015. ^^''^^' 



116 



General Acts, 1915. — Chaps. 132, 133. 



Chap. 1^2 An Act relative to appeals under the workmen's 

COMPENSATION ACT, SO-CALLED. 

Be it enacted, etc., as foUoios: 

Section 1. An order or decision of the industrial accident 
board, a decree of the superior court upon such an order, a 
decision of an arbitration committee from which no claim for 
review has been filed within the time allowed therefor, or a 
memorandum of agreement approved by the industrial acci- 
dent board, shall have effect, notwithstanding an appeal, 
until it is otherwise ordered by a justice of the supreme 
judicial court who may, in any county, suspend or modify 
such decree, order or decision, during the pendency of the 
appeal. 

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

Approved Ayril 2, 1915. 



Orders, deci- 
sions, etc., to 
have effect 
until otherwise 
ordered by a 
justice of the 
supreme 
judicial court. 



C/iap.l33 An Act relative to the acquisition and maintenance 
OF recreation parks and pleasure resorts by street 

K\ILWAY COMPANIES. 

Be it enacted, etc., as follows: 

Chapter four hundred and sixty-three of the acts of the 
year nineteen hundred and six is hereby amended by striking 
out section thirty-four of Part III and inserting in place 
thereof the following: — Section 34- A street railway com- 
pany may, except in the city of Boston, acquire, hold, 
maintain and equip land for purposes of recreation and for 
pleasure resorts, provided that the public service commission 
shall find that the acquisition, equipment and maintenance 
of such land for such purposes and the cost thereof and 
other circumstances relating thereto are consistent with 
the public interest. Such recreation and pleasure resorts 
shall be subject in the same manner as other places of amuse- 
ment to the supervision and regulation of the local authorities 
of the cities or towns in which they are situated, and shall 
be subject to such further restrictions as the public service 
commission may from time to time impose. No street rail- 
way company shall sell intoxicating liquors or allow them 
to be sold within the limits of any resort held or maintained 
by it; nor shall it sell without the approval of the public 
service commission any land acquired under authority of 
this section. No street railway company shall contribute, 



1906, 463, Part 
III, § 34, 
amended. 



Street railway 
companies 
may acquire 
and maintain 
recreation 
parks, etc. 



Restrictions. 



General Acts, 1915. — Chap. 134. 117 

directly or indirectly, by payment of money or otherwise, 
except in such cases and to such extent as the public service 
commission shall first approve, to the establishment, equip- 
ment or maintenance of any recreation park or pleasure 
resort not owned by such street railway company. 

Approved April 3, 1915. 



C/iap. 134 



An Act relative to the rights of husband or widow in 

REAL property OF THE OTHER. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and ^^^jj^Jj; ^ '• 
thirty-two of the Revised Laws is hereby amended by striking 
out the words "one third of her land for his life", in the 
second line, and inserting in place thereof the following: — 
for his life one third of all land owned by her at any time 
during her coverture, — and by inserting after the word 
"curtesy", in the fourth line, the following: — and no con- 
veyance by a married woman of real property shall, except 
as provided in section thirty-six of chapter one hundred and 
fifty-three, extinguish or impair this tenancy by curtesy in 
such property unless her husband joins in the conveyance 
or otherwise releases his said right, — so as to read as fol- 
lows: — Section 1. A husband shall, upon the death of the Rights of 
wife, hold for his life one third of all land owned by her at w'i'dow"i!i°'^ 
any time during her coverture. Such estate shall be known ouhe^ther?' 
as his tenancy by curtesy, and the provisions of law applicable 
to dower shall be applicable to curtesy, and no conveyance 
by a married woman of real property shall, except as pro- 
vided in section thirty-six of chapter one hundred and fifty- 
three, extinguish or impair this tenancy by curtesy in such 
property unless her husband joins in the conveyance or 
otherwise releases his said right. A wife shall, upon the 
death of her husband, hold her dower at common law in 
her deceased husband's land. Such estate shall be known 
as her tenancy by dower. But in order to be entitled to Filing of 
such curtesy or dower the surviving husband or wife shall " ^'"^®' ^*''- 
file his or her election and claim therefor in the registry of 
probate within one year after the date of the approval of 
the l)ond of the executor or administrator of the deceased, 
and shall thereupon hold instead of the interest in real prop- 
erty given in section three of chapter one hundred and forty, 
curtesy or dower, respectively, otherwise such estate shall 
be held to be waived. Such curtesy and dower may be 



118 



General Acts, 1915. — Chaps. 135, 136. 



assigned by the probate court in the same manner as dower 
is now assigned, and the tenant by curtesy or dower shall 
be entitled to the possession and profits of one undivided 
third of the real estate of the deceased from her or his death 
until the assignment of curtesy or dower, and to all remedies 
therefor which the heirs of the deceased have in the residue 
of the estate. Rights of curtesy which exist when this chap- 
ter takes effect may be claimed and held in the manner 
above provided, but in such case the husband shall take no 
other interest in the real or personal property of his wife, 
and, except as preserved herein, curtesy at common law is 
abolished. 
Section 2. This act shall take effect upon its passage. 

ApjJroved April 3, 1915. 



Chap. 135 An Act relative to the registration of bonds. 



1914, 761. § 3, 
amended. 



bonds, etc. 



Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter seven hundred and 
sixty-one of the acts of the year nineteen hundred and fourteen 
is hereby amended by striking out all of the said section 
Registration of exccpt the last scntcncc, so as to read as follows : — Sec- 
tion 3. Nothing in this act shall be construed as afl'ecting 
the provisions of sections sixteen, seventeen and eighteen of 
Part I of said chapter four hundred and ninety, and acts in 
amendment thereof, relative to the taxation of mortgages on 
property within the commonwealth. 

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

Approved April 3, 1915. 



Chap.lSQ An Act relative to the service of warrants and 

PROCESSES FOR THE APPREHENSION AND COMMITMENT OF 
INSANE PERSONS AND OTHERS. 

Be it enacted, etc., as ]ollows: 

Warrants and all other processes which are issued by a 
judge for the apprehension or commitment of insane persons, 
or of persons subject to dipsomania or inebriety, or who are 
addicted to the intemperate use of narcotics or stimulants, 
or of feeble-minded persons, or of persons subject to epilepsy, 
may be directed to and served by a court officer, by any 
sheriff, deputy sheriff, constable or police officer, or by any 
private person whom said judge may designate; and such 



Service of 
warrants and 
processes for 
the apprehen- 
sion and com- 
mitment of 
insane persons 
and others. 



General Acts, 1915. — Chap. 137. 119 

warrants and processes may run into any coiuity in which 
any of said persons to be apprehended or committed may be 
found, and any of such officers or persons to whom such 
warrants and processes are directed may serve the same in 
any part of the commonwealth. Approved April 3, 1915. 

An Act relative to the valuation of poles, wires and /^7>^ ,, i q-t 

UNDERGROUND CONDUITS, WIRES AND PIPES OF TELEPHONE ^' 

AND TELEGRAPH COMPANIES. 

Be it enacted, etc., as folloivs: 
Section 1. The vahiation at which the poles, wires and Assessors to 

1 1 • • 1 • c II I 1 P'^*^" valuation 

underground conduits, wires and pipes or all telephone and "po" poles, 
telegraph companies, shall be assessed by the assessors of teiephoue'and 
the respective cities and towns in which such property is compames. 
subject to taxation in accordance with laws now or here- ^^^' 
after in force shall, subject to appeal to the board of appeal 
as hereinafter provided, be determined annually by the tax 
commissioner and shall by him be certified to the assessors 
on or before the fifteenth day of June. A board of assessors Appeal. 
aggrieved by a valuation made by the tax commissioner 
under the provisions of this act may, within ten days after 
notice of his valuation, apply to the board of appeal es- 
tablished by section sixty-eight of Part III of chapter four 
hundred and ninety of the acts of the year nineteen hundred 
and nine. Said board shall hear and decide the subject- 
matter of such appeal and give notice of its decision to the 
tax commissioner and to the assessors; and its decision as 
to the valuation of the property shall be final and conclusive. 
The assessors shall, in the manner provided by law, assess 
the poles, wires and underground conduits, wires and pipes 
of all telephone and telegraph companies as certified and at 
the value determined by the tax commissioner or by the 
board of appeal under the provisions of this act, and such 
assessment by a board of assessors shall be deemed to be a 
full compliance with the oath of office of each assessor and 
a full performance of his official duty with relation to the 
assessment of such property, except as is provided in section 
two of this act. 

Section 2. Every board of assessors shall, as and when to furnish 
required by the tax commissioner, furnish him with any "ax"comm"ir-*^^ 
and all information in its knowledge or possession relating sioucr. 
to any property, the value of which he is required to determine 
under the provisions of this act. 



120 



General Acts, 1915. — Chap. 137. 



Filing of 
returns, etc. 



Failure to file. 



Abatement, 
how made. 



Section 3. Every telephone or telegraph company own- 
ing any property required to be valued by the tax commis- 
sioner under the provisions of this act shall annually, on or 
before a date determined by the commissioner but in no 
case later than the first day of June, make a return to the 
commissioner signed and sworn to by its treasurer. This 
return shall be in the form and detail prescribed by the com- 
missioner and shall contain all information which he shall 
consider necessary to enable him to make the valuations 
required by this act, and shall relate, so far as is possible, to 
the situation of the company and its property on the first 
day of April of the year in which it is made. Property re- 
turned to the tax commissioner as herein provided need not 
be included in the list required to be jBled by a telephone or 
telegraph company under the provisions of section forty- 
one of Part I of chapter four hundred and ninety of the 
acts of the year nineteen hundred and nine. 

Section 4. If any company, or any treasurer thereof, 
shall in any year refuse or neglect to make the return re- 
quired by section three hereof, then the tax commissioner 
shall estimate the value of the property of the company, and 
in such case the value determined by the commissioner shall 
be not less than twice the value determined by him in the 
previous year. 

Section 5. Any company aggrieved by the taxes assessed 
upon it relating to any property valued in accordance with 
the provisions of this act may, within six months after the 
date of its tax bill, apply to the tax commissioner for an 
abatement thereof; and if the tax commissioner finds that 
the company is taxed at more than its just proportion, or 
upon an assessment of any of its said property in excess of 
its fair cash value, he shall make a reasonable abatement. 
No company which has not duly filed the return required by 
section three hereof shall have an abatement unless it shall 
furnish to the tax commissioner a reasonable excuse for the 
delay, or unless such tax exceeds by more than fifty per cent 
the amount of the tax which would have been assessed upon 
such property if the return had been seasonably filed, and 
in such case only the excess over such fifty per cent shall be 
abated. Whenever any application for abatement hereunder 
is made, the tax commissioner shall give notice thereof to the 
assessors of the city or town in which is located any of the 
property with reference to which an abatement of the tax is 
asked for, and such assessors may appear before the tax 



General Acts, 1915. — Chap. 138. 121 

commissioner and may be heard by him with relation to 
the subject of the abatement. The tax commissioner shall, 
within ten days after his decision upon an application for 
abatement hereunder, give written notice thereof to the 
applicant and to the assessors. A company aggrieved by Appeal, 
the refusal of the tax commissioner to abate a tax hereimder 
may prosecute an appeal from the decision of the tax com- 
missioner in the manner and to the tribunals provided for 
a person aggrieved by the refusal of assessors to abate a 
tax, and all laws now or hereafter in force relating to such 
an appeal from a refusal of assessors to abate a tax shall 
apply in proceedings hereunder. 

Section 6. This act shall take effect on the first day of Jrct°^ '"'''"' 
January, nineteen hundred and sixteen. 

Approved April 5, 1015. 

An Act relative to the preparation of the annual (^/^^^ ]^3§ 
budget in cities. 

Be it enacted, eic, as Jolloivs: 

Section 1. Section twenty of chapter seven hundred amended.^ ^°* 
and nineteen of the acts of the year nineteen hundred and 
thirteen is hereby amended by striking out the words "until 
such time as the tax rate for the year shall be fixed", in the 
seventh and eighth lines and also in the thirty-ninth and 
fortieth lines, by inserting after the word "purpose", in 
the eleventh, twenty-ninth and fifty-first lines, and after 
the word "required", in the thirty-eighth line, the words: — 
but the budget shall not be in such detail as to fix a specific 
salary of employees under the direction of boards elected 
by the people, other than the city council, — and by striking 
out the last sentence of said section and inserting in place 
thereof the following : — In the period after the expiration 
of any fiscal year and before the regular appropriations have 
been made by the city council, the city officers who are 
authorized to make expenditures may incur liabilities in 
carrying on the work of the several departments entrusted 
to them, and payments therefor shall be made from the 
treasury from any available funds therein, and the same shall 
be charged against the next annual appropriation: provided, 
that the liabilities incurred during said interval do not exceed 
in any month the sums spent for similar purposes during 
any one month of the preceding year; and provided, further, 
that said officers may expend in any one month for any new 



122 



General Acts, 1915. — Chap. 138. 



Mayors of cer- 
tain citias to 
submit annual 
budgets to the 
city council. 



Failure of 
mayor to 
transmit recom- 
mendationa. 



officer or board created by law an amount not exceeding one 
twelfth of the estimated cost for the current year, but all 
interest and debt falling due in said interval shall be paid. 
Nothing in this section shall prevent the mayor from recom- 
mending, and the city council from making, appropriations 
prior to the adoption of the annual budget, — so as to read 
as follows : — SecAion 20. Within sixty days after the annual 
organization of the city government, the mayor of every 
city, except Boston and those cities having the commission 
form of government, so-called, shall submit to the city 
council the annual budget of the current expenses of the 
city, and the mayor may submit thereafter supplementary 
budgets. The budget shall consist of an itemized and de- 
tailed statement of the money required, and the citj^ council 
shall make such appropriations in detail, clearly specifying 
the amount to be expended for each particular purpose, but 
the budget shall not be in such detail as to fix a specific 
salary of employees under the direction of boards elected by 
the people, other than the city council. The city council 
may reduce or reject any item, but, without the approval 
of the mayor, shall not increase any item in nor the total of 
a budget, nor add any item thereto. It shall be the duty of 
the city officials, when so requested by the mayor, to submit 
to him forthwith in such detail as he may require estimates 
for the next fiscal year of the expenditures of their depart- 
ments or offices under their charge, which estimate shall be 
transmitted to the city council. In case of the failure of the 
mayor to transmit in writing to the city council a recom- 
mendation for an appropriation of money for any purpose 
deemed by the council to be necessary, and after having been 
so requested by vote of the city council, said council, after 
the expiration of seven days after such vote, upon its own 
initiative, may make an appropriation for such purpose by 
a vote of at least two thirds of its members, and shall in all 
cases make such appropriations in detail, clearly specifying 
the amount to be expended for each particular purpose, 
but the budget shall not be in such detail as to fix a specific 
salary of employees under the direction of boards elected by 
the people, other than the city council; and in cities having 
the commission form of government, so-called, each com- 
missioner or director shall, within thirty days after the 
annual organization of the city government, submit to the 
commissioner or director of finance estimates in such detail 
as he may require of the amounts deemed necessary for the 



General Acts, 1915. — Chap. 138. 123 

current expenses for their respective departments, and the 
commissioner or director of finance shall within thirty days 
thereafter submit to the city council a budget consisting of 
an itemized and detailed statement of the money required, 
but the budget shall not be in such detail as to fix a specific 
salary of employees under the direction of boards elected by 
the people, other than the city council, and may submit 
thereafter supplemental budgets, and the budget or budgets 
shall be passed by a majority vote of the city council. In Failure of com- 
case of the failure of the finance commissioner or director to fTnfnce to" 
transmit in writing to the city council a recommendation re?o^lnda- 
for an appropriation of money for any purpose deemed by *^°'^^- 
the council to be necessary, and after having been requested 
by vote of the city council, said council, after the expiration 
of seven days after such vote, upon its own initiative, may 
make an appropriation for such purpose by a vote of at least 
two thirds of all its members, and shall in all cases make 
such appropriations in detail, clearly specifying the amount 
to be expended for each particular purpose, but the budget 
shall not be in such detail as to fix a specific salary of em- 
ployees under the direction of boards elected by the people, 
other than the city council. In the period after the expira- 
tion of any fiscal year and before the regular appropriations 
have been made by the city council, the city officers who are 
authorized to make expenditures may incur liabilities in 
carrying on the work of the several departments entrusted 
to them, and payments therefor shall be made from the 
treasury from any available funds therein, and the same shall 
be charged against the next annual appropriation: -provided, ^^°^^^°^- 
that the liabilities incurred during said interval do not 
exceed in any month the sums spent for similar purposes 
during any one month of the preceding year; and •provided, 
further, that said officers may expend in any one month for 
any new officer or board created by law an amount not ex- 
ceeding one twelfth of the estimated cost for the current 
year, but all interest and debt falling due in said interval 
shall be paid. Nothing in this section shall prevent the 
mayor from recommending, and the city council from making, 
appropriations prior to the adoption of the annual budget. 
Section 2. This act shall take effect upon its passage. 

Approved April 5, 1015. 



124 



General Acts, 1915. — Chaps. 139, 140, 141. 



Chap.139 An Act to authorize the treasurer and receiver 

GENERAL TO TRANSFER UNEXPENDED APPROPRIATIONS TO 
CERTAIN SINKING FUNDS. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver general, with 
the approval of the governor and council, may transfer 
funds remaining in his hands from the sale of bonds and 
other securities sold for specific purposes, when such specific 
purposes have been fully accomplished and paid for, to such 
sinking fund or sinking funds as may be approved by the 
auditor of the commonwealth. 

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

Ayproved April 5, 1915. 



Treasurer and 
receiver general 
may transfer 
unexpended 
appropriations 
to certain 
sinking funds. 



Posters relative 
to poultry 
thieving, to be 
printed, and 
distributed, 
etc. 



Chap.\4Q An Act to authorize the printing and distribution of 

POSTERS RELATFVE TO POULTRY THIEVING. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the state board of agri- 
culture shall cause to be printed on durable material, proper 
for posting in the open air on buildings or otherwise, copies 
of chapter five hundred and ninety-four of the acts of the 
year nineteen hundred and fourteen. He shall furnish not 
more than five copies in any one year without charge to any 
person applying therefor, and may sell additional copies at 
not less than the cost thereof, and annually on or before the 
first day of April shall send one such copy printed on paper 
to each post office in the commonwealth. All amounts 
received from the sale of said posters shall be paid into the 
treasury of the commonwealth. 

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

Approved April 6, 1915. 



Chap. 14:1 An Act relative to the issuing and revoking of 

permits to be at liberty from the PRISON CAMP AND 
HOSPITAL. 

Be it enacted, etc., as follows: 

JevoWn^of ^^^^ ^^^ powcrs of the board of prison commissioners to 

certain permits rcleasc a prlsouer from the prison camp and hospital on 

at the prison . * ,., -^ , . . i i . 

camp and hos- permit to be at liberty, to revoke a permit so issued, and to 



General Acts, 1915. — Chap. 142. 125 

return him to the prison camp and hospital, are hereby fj^^^L*''^"^' 
transferred to and vested in the board of parole for the state of parole. 
prison and the Massachusetts reformatory. 

Approved April 6, 1915. 



An Act rel.\tive to the appointment of stenographers Qhav 142 

IN the superior court for the county of SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section eighty of chapter one hundred and ^^de'd'^^"' 
sixty-five of the Revised Laws is hereby amended by striking 
out the word "the", in the third line, and inserting in place 
thereof the words : — each regular, — so as to read as fol- 
lows: — Section 80. The justices of the superior court. Appointment 
or a majority of them, shall appoint a stenographer for each pherrin^the 
regular session of said court held for civil business and for supe"ri^r^coii*t^ 
each regular session of said court held for criminal business 
within and for the county of Suffolk, and a stenographer 
for said court in all other counties. They may also, if the 
business of the court requires it, appoint an additional 
stenographer in any county except Suffolk, who shall serve 
when designated for duty. Each stenographer shall be an 
officer of the court and shall be sworn, and the same person 
may be appointed stenographer for more than one county. 
Such justices, or a majority of them, may remove said 
stenographers at any time, and may fill a vacancy which is 
caused by such removal or otherwise. 

Section 2. Section eighty-eight of said chapter is r. l. igs. § ss, 
hereby amended by striking out the word "stenographer", '*™®"'*^^- 
in the third line, and inserting in place thereof the word: — 
stenographers, — and by striking out the word "session", in 
the same line, and inserting in place thereof the word : — 
sessions, — so as to read as follows : — Section 88. Stenog- compensation 
raphers who are appointed for the sessions of the superior ^''®'^' 
court for civil business with juries in the county of Suffolk 
and the stenographers appointed for the sessions of said 
court for criminal business in said county shall each receive 
an annual salary of twenty-five hundred dollars which shall 
be paid by the county; stenographers appointed for the 
sessions of said court without juries shall each receive such 
salary as the justices of said court shall establish, not ex- 
ceeding twenty-five hundred dollars which shall be paid by 
the county. The stenographers appointed for the superior 



126 General Acts, 1915. — Chap. 143. 

court for other counties which contain a population of more 
than two hundred thousand shall each receive such salary 
as the justices of said court shall establish, not exceeding 
twenty-five hundred dollars a year. Stenographers appointed 
for the superior court for civil business in other counties 
shall each receive nine dollars for each day's actual and 
necessary attendance at court which shall be paid by the 
county upon the certificate of the presiding justice as to 
such attendance. Stenographers appointed under the pro- 
visions of section eighty-three shall each receive ten dollars 
for each day's actual and necessary attendance at court, and 
the stenographer appointed under the provisions of section 
eighty-four, a like amount and ten cents a hundred words 
for transcripts furnished to the district attorney which shall 
be paid by the county. Stenographers appointed under the 
provisions of section eighty-two shall each receive nine 
dollars a day for each day of actual and necessary attendance 
in court and the same amount for transcripts as is allowed 
by section eighty-five. 

Section 3. This act shall take effect upon its passage. 

Approved April 6, 1915. 

Chap.l'iS An Act reLu\tive to the maintenance of hospitals by 

CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

^mliidld.^^^' Section twenty-five of chapter eighty-one of the Revised 
Laws is hereby amended by inserting after the word "may", 
in the first line, the words: — purchase or take land, and, 
— and by inserting after the word "maintain", in the same 
line, the word: — thereon, — and by striking out the words 
"by misfortune or poverty", in the second line, so as to 
Cities and read as follows : — Section 25. A city or town may purchase 
maintain or take laud, and erect, establish and maintain thereon a 

hospitals for i 'j i p j^i ±_- i* i • i* p 

temporary hospital lor the rcceptiou or persons who require relief 
cases, etc. duriiig temporary sickness. City councils and selectmen 
may make such ordinances, rules and regulations as they 
may consider expedient for the appointment of trustees and 
all other officers and agents necessary for managing such 
hospital. Approved April 6, 1915. 



General Acts, 1915. — Chaps. 144, 145. 127 



An Act to provide that the law requiring the licens- Chap. 1A4: 

ING OF JUNK dealers SHALL NOT APPLY TO PERSONS 
RECEIVING OR COLLECTING ARTICLES FOR CHARITABLE 
PURPOSES. 

Be it enacted, etc., as f allows: 

Section 1. Societies, associations or corporations organ- Certain organ- 
ized solely for religious or charitable purposes, and their duly eJ'empted 
authorized agents, shall not be required by any city or town Jons oHaw 
to pay a fee for license to do business as a junk dealer. funk^deliera. 

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

Approved April 6, 1015. 

An Act to codify and amend the laws relative to (Jfi^p 145 

PUBLIC SHADE TREES. 

Be it enacted, etc., as follows: 

Section 1. The powers and duties conferred and im- powers and 
posed upon tree Vv'ardcns in towns by this act are hereby ward1n°^M- 
conferred and imposed upon the officials now or hereafter certafn^wty 
charged with the care of shade trees within the limits of officials. 
the highway in cities, by the charters of the said cities, by 
other legislative enactment, or by the ordinances of the said 
cities, and upon such officials as the city governments shall 
designate to have charge of said shade trees where it is 
within their power to transfer such duties, by ordinance 
or otherwise. 

Section 2. The tree warden may appoint and remove Appointment 
deputy tree wardens. He and they shall receive such com- orde'^uUes^'etc. 
pensation as the town determines or, in default thereof, as 
the selectmen allow. He shall have the care and control of 
all public shade trees, shrubs and growths in the town, 
except those within the limits of a state highway, and except 
those in public parks or open places under the jurisdiction 
of the park commissioners, and of those, if so requested in 
writing by the park commissioners, and shall enforce all 
the provisions of law for the preservation of such trees, 
shrubs and growths. He shall expend all money appro- Powers and 
priated for the setting out and maintenance of such trees, "^"^^' 
shrubs and growths, but no trees shall be planted within the 
limits of a public way without the approval of the tree 
warden; and in towns until a location therefor has been 
obtained from the selectmen or road commissioners, where 



128 



General Acts, 1915. — Chap. 145. 



Certain reg- 
ulations to 
have force 
of town 
by-laws. 



Removal, etc., 
of trees 
restricted. 



Proviso. 



Damages, how 
determined. 



authority has been vested in said commissioners. Regu- 
lations, other than those made by the terms of this act, for 
the care and preservation of pubhc shade trees made by 
him, and in towns approved by the selectmen, and posted in 
two or more public places, imposing fines and forfeitures 
of not more than twenty dollars in any one case, shall have 
the force and effect of town by-laws. All trees within or 
on the limits of a public way shall be public shade trees; and 
when it appears in any proceeding where the ownership 
of or rights in the tree are material to the issue, that, from 
length of time or otherw^ise, the boundaries of the highway 
cannot be made certain by the records or by monuments, 
and that for that reason it is doubtful whether the tree be 
within or without the limits of the highway, or is public or 
private property, it shall be taken to be within the limits 
of the highway and to be public property until the contrary 
is shown. 

Section 3. Except as provided by section five, public 
shade trees shall not be cut, trimmed or removed, in whole 
or in part, by any person other than the tree w^arden or his 
deputy, whether such person is or is not the owner of the fee 
in the land on wliich such tree is situated, except upon a 
permit in writing from said tree warden, nor shall they be 
cut down or removed by the tree warden or his deputy or 
other person without a public hearing at a suitable time and 
place, after notice thereof posted in two or more public 
places in the town or city and upon the tree at least seven 
days before such hearing, and after authority granted by 
the tree w\arden therefor: provided, however, that if the tree 
warden shall refuse to cut or remove or issue a permit to 
any such owner to cut or remove any such tree or other 
growth, the damages, if any, sustained by him shall be de- 
termined in towns by the selectmen and in cities by the officer 
or officers in charge of the public shade trees and shall be 
paid by the town or city. Any person aggrieved by the 
action of the selectmen or said officer or officers in charge 
of the public shade trees as to the trimming, cutting, re- 
moval or retention of any such tree, or as to the amount 
awarded to him for the same may have the damages, if any, 
which he has sustained, determined by the superior court 
for the county in which the said tree is or was situated, 
upon a petition filed for the purpose, in the same manner 
as for the taking of land for ways; and his damages, so 
determined, shall be paid by the town or city. 



General Acts, 1915. — Chap. 145. 129 

Section 4. Tree wardens shall not cut down or remove objections. 
or grant a permit for the cutting down or removal of a 
public shade tree if, at or before a public hearing as provided 
in the preceding section, objection in writing is made by 
one or more persons, unless such cutting or removal or 
permit to cut or remove is approved by the selectmen or 
by the mayor. 

Section 5. Tree wardens and their deputies, but no Trees in 
other person, may, without a hearing, trim, cut down or '^'s^^'^y-''- 
remove trees, under one and one half inches in diameter 
one foot from the ground, and bushes, standing in high- 
ways; and, if ordered by the mayor and aldermen, select- 
men, road commissioners or highway surveyor, shall trim 
or cut down trees and bushes, if the same shall be deemed 
to obstruct, endanger, hinder, or incommode persons travel- 
ling thereon. Nothing contained in this act shall prevent 
the trimming, cutting or removal of any tree which en- 
dangers persons travelling on a highway, nor the removal of 
any tree, if so ordered by the proper officials, for the purpose 
of widening the highway, and nothing herein contained 
shall interfere with gypsy and brown tail moth suppression, 
as carried on under the direction of the state forester and 
the United States department of agriculture, except the 
cutting and removal of trees, shrubs and growths that are 
one and one half inches or more in diameter one foot from 
the ground. 

Section 6. Whoever violates any of the provisions of Penalty. 
the preceding sections of this act shall forfeit not more than 
five hundred dollars to the use of the town or city. 

Section 7. Towns and cities may appropriate money to Planting on 
be expended by the tree warden in planting shade trees in p"'''**'' '^"'^'• 
the public ways, or, if he deems it expedient, upon adjoining 
land, at a distance not exceeding twenty feet from said 
public ways for the purpose of improving, protecting, shad- 
ing or ornamenting the same: proinded, hoivever, that the Proviso. 
written consent of the owner of such adjoining land shall 
first be obtained. 

Section S. The Massachusetts highway commission shall h^gh^ay 
have the care and control of all trees, shrubs and growths commission. 
within the limits of state highways, and may trim, cut or 
remove such trees, shrubs and growths, or license the trim- 
ming, cutting or removal thereof. No such tree, shrub or 
otlier growth shall be trimmed, cut or removed by any 
person other than an agent or employee of the commission, 



130 



General Acts, 1915. — Chap. 145. 



Proviso. 



Damages, how 
determined. 



Penalty for 
affixing an 
advertisemRnt 
to a tree, etc. 



Proviso. 



Penalty for 
trimming or 
removing a 
tree, etc., in 
state highway, 
etc. 



Penalty for 
injuring tree 
of another. 



whether such person is or is not the owner of the fee in the 
land on which such tree, shrub or growth is situated, except 
upon a permit in writing from said commission: provided, 
hoivever, that if the commission shall refuse to issue a permit 
to an}^ such owner to cut or remove any such tree, shrub, or 
other growth, the damages, if any, sustained by him shall 
be determined by said commission and paid by the com- 
monwealth. Any person aggrieved by the action of the 
commission as to the trimming, cutting, removal or re- 
tention of any such tree, shrub or other growth, or as to 
the amount awarded to him for the same by the commission, 
may have the damages, if any, which he has sustained, 
determined by the superior court for the county in which 
the said tree, shrub or other growth is or was situated, 
upon a petition filed for the purpose, in the same manner as 
for the taking of land for highways, and his damages, so 
determined, shall be paid by the commonwealth. 

Section 9. \^^ioever affixes to a tree in a pul)lic way or 
place a play bill, picture, announcement, notice, sign, ad- 
vertisement or other thing, whether in writing or otherwise, 
or cuts, paints or marks such tree, except for the purpose of 
protecting it or the public and under a written permit from 
the officer having the charge of such trees in a city or from 
the tree warden in a town, or from the ]Massachusetts high- 
way commission in the case of a state highway, shall be 
punished by a fine of not more than fifty dollars for each 
offence. Tree wardens shall enforce the provisions of this 
section: provided, however, that in case of the failure of a 
tree warden to act in the case of a state highway within 
thirty days after the receipt by him of a complaint in writing 
from the Massachusetts highway commission, said com- 
mission may proceed to enforce the provisions of this section. 

Section 10. Whoever without authority trims, cuts 
down or removes a tree, shrub or growth, within the limits 
of a state highway or maliciously injures, defaces or destroys 
any such tree, shrub or growth shall be punished by im- 
prisonment for not more than six months or by a fine of not 
more than five hundred dollars, to the use of the common- 
wealth. 

Section 11. Whoever wilfully, maliciously, or wantonly 
cuts, destroys or injures a tree, shrub or growth, which is 
not his own, standing for any useful purpose, shall be punished 
by imprisonment for not more than six months or by a fine 
of not more than five hundred dollars. 



General Acts, 1915. — Chap. 145. 131 

Section 12. Wlioever wantonly injures, defaces, or de- Penalty for 
stroys a shrub, plant or tree, or fixture of ornament or in a pubUc 
utility, in a public way or place or in any inclosure, or negli- ^^^' 
gently or wilfully suffers an animal driven by or for him or 
belonging to him to injure, deface or destroy, such shrub, 
plant, tree or fixture, or whoever by any other means negli- 
gently or wilfully injures, defaces, or destroys such shrub, 
plant or tree, or fixture, shall forfeit not more than five 
hundred dollars, one half to the use of the complainant and 
one half to the use of the city or town in which the act was 
committed; and shall in addition thereto be liable to said 
city or town or other person interested in said tree for all 
damages caused by such act. 

Section 13. Section fifteen of chapter twenty-five of R^^p^ais. 
the Revised Laws, in so far as it relates to trees; section 
ten of chapter fifty-one of the Revised Laws, in so far as it 
gives authority over trees and bushes; sections one hundred 
and one, one hundred and two and one himdred and four 
of chapter two hundred and eight of the Revised Law^s, as 
amended by sections thirty-one and thirty-two of chapter 
five himdred and forty-four of the acts of the year nineteen 
hundred and two; section twelve of chapter fifty-three of 
the Revised Laws, as amended by section two of chapter 
two hundred and ninety-six of the acts of the year nineteen 
hundred and eight and by chapter three hundred and twenty- 
one of the acts of the year nineteen hundred and ten; section 
thirteen of chapter fifty-three of the Revised Laws, as 
amended b}' section three of chapter two hundred and 
ninety-six of the acts of the year nineteen hundred and 
eight; section sixteen of chapter twenty-five of the Revised 
Laws; section one of chapter three hundred and sixty-three 
of the acts of the year nineteen hundred and ten; and 
chapter two hundred and seventy-nine of the acts of the 
year nineteen hundred and five, as amended by chapter two 
hundred and ninety-seven of the acts of the year nineteen 
hundred and eight, are hereby repealed. 

Section 14. The provisions of this act, so far as they Certain provi- 
are the same as those of existing statutes, shall be construed taken as new 
as continuations thereof and not as new enactments. ^'^^ "^^'^ ^' 

Section IF). This act shall take efi'ect upon its passage. 

Approved April 7, 1915. 



132 



General Acts, 1915. — Chap. 146. 



Certain 

actions may be 
described in 
writ as actions 
of ejectment, 
etc. 



Chap. 14:6 An Act to simplify certain rules of pleading and 

PRACTICE. 

Be it enacted, etc., as follows: 

Section 1. In an action of ejectment or quare ejecit 
for the recovery of the possession of real property for a term 
of years or other interest for which such an action may be 
maintained, the action may be described in the writ as an 
action of ejectment and a declaration in general terms, 
substantially in the form set out in the schedule hereto 
annexed, shall be sufficient; and, if the defendant is wrong- 
full}^ in possession, it shall not be material how he obtained 
such possession. The plaintiff shall annex to such declaration 
a statement of the particulars of his title, which shall be 
deemed part of the declaration, and the court may require 
him to file a statement of such other particulars, as to damages 
claimed or otherwise, as it shall deem proper. The writ 
need not contain the particulars of title, and if the writ 
does not contain them, they shall be filed in the same manner 
and the like provisions of law shall be applicable thereto as 
in the case of a declaration in a personal action. 

Section 2. In an action for the recovery of rent or of 
any sum of money payable by virtue of a contract under 
seal that might have been recovered upon a common count 
if the contract had not been under seal, the same may be 
recovered upon a common count in a form similar to that 
now used for other common counts. The bill of particulars 
in such cases shall refer to the document under which the 
claim arises by its proper description and date. 

Section 3. An action for rent or for breach of cove- 
nant shall be considered a transitory action for the purposes 
of venue when the liability depends on privity of estate, 
as well as when it depends on privity of contract. 

Section 4. Every party to any cause or proceeding 
shall be entitled to inspect, and to take copies of, any docu- 
ment referred to in the pleading or particulars of any other 
party and relied on by such other party, unless the court 
shall be satisfied that the same is not in his possession or 
control or that he has some other reasonable excuse for not 
producing the same for such inspection, and the court shall 
have power to make orders for production for the said 
purposes, which shall be enforceable in like manner as 
orders to answer interrogatories. 



Common 
count for 
action to 
recover rent, 
etc. 



Certain 
actions 
for rent 
considered 
transitory. 



Certain docu- 
ments to be 
open to 
inspection. 



General Acts^ 1915. — Chap. 147. 133 



SCHEDULE OF FORMS. 

Declaration in an Action op Ejectment. 

And the jjlaintiff says that the defendant is wrongfully in pes- Forms, 
session of a piece of land situate, etc. (description) 

to which the plaintiff is entitled by virtue of a lease for a term not 
yet expired. 

Particulars of Title. 

The premises were leased by A B to the plaintiff (or to 

X Y) by an indenture dated the 

for a term of twenty years from the 

(and were afterwards assigned by the said X Y to the plaintiff by 
an indenture dated the for the un- 

expired residue of the said term) 

Common Count for Rent. 

And the plaintiff says that the defendant owes him 

dollars for the rent of a certain (house, 

or building, or land) held by the defendant of the plaintiff 

(and interest) 

Bill of Particulars. 

(1) Rent of house No. street, 

Boston, for one month due 1st July, 19 , under 
an indenture of lease dated 1st January, 19 , $ 

(2) Interest on same from 

Approved April 8, 1015. 

An Act to provide for additional regulation relative nhfj^t 147 
TO THE introduction of sewage into the south metro- 

POLITAN SEWERAGE SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter four hundred and ^^g^j^g^j^^' 
twenty-four of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by striking out the word 
"and", where it first occurs, in the fifth line, and inserting 
after the word "control", in the same line, the words: — 
and regulation, — so as to read as follows: — Section §. Certain cities 

. . .,.,,.. p 1 • 1 ' ^"" towns to 

Any city or town, within the limits 01 which any main connect with 
sewer shall have been constructed under the provisions of metropolitan 
this act, shall connect its local sewers with such main sewer, system^" 
except as hereinafter provided, subject to the direction, 
control and regulation of said board, and any person, firm 
or corj)oration may, subject to the direction, control and 
regulation, from time to time, of said board, and subject 



134 



General Acts, 1915. — Chap. 148. 



to such terms, conditions and regulations as each city or 
town may prescribe, connect private drains with such main 
Proviso. sewer: ■provided, that the said board shall, without expense 

to the city of Quincy, make all connections and take and 
construct such intercepting sewers as may be necessary to 
enable the city of Quincy to drain by gravity its territory 
into said metropolitan sewer. The present pumping station 
and force mains of the city of Quincy shall be taken and 
paid for by said board of metropolitan sewerage commis- 
sioners, and said board shall build and operate such new 
force main or mains and pumjiing stations as may be neces- 
sary to enable the city of Quincy to drain its sewerage 
systems into said metropolitan sewer. The sewerage systems 
of all drainage areas not now drained by the south metro- 
politan system, which are constructed after the passage of 
this act, shall be constructed in accordance with the so- 
called separate system of sewerage. 
Section 2. This act shall take effect upon its passage. 

Approved April 8, 1915. 



ChapA48 An Act relative to the manufacture and sale of 

MATTRESSES AND CERTAIN OTHER ARTICLES. 



Regulation of 
the sale and 
manufacture 
of mattresses, 
etc. 



Use of con- 
taminated 
material 
prohibited. 



Be it enacted, etc., as follows: 

Section 1. No person shall manufacture for purposes of 
sale, sell, offer or expose for sale, or have in possession with 
intent to sell, any mattress, pillow, cushion, muff bed, ciuilt 
or similar article having a filling of hair, down, feathers, 
w^ool, cotton, silk floss or other material, unless there shall 
be plainly marked upon each such article, or ui)on a tag of 
some durable substance sewed thereon, or otherwise securely 
attached thereto, a statement of the kind of material used 
for filling in the manufacture of such article, and, also, if the 
material has previously been used, the word "second-hand". 
If any such article or articles are enclosed in a bale, box, 
crate, or other receptacle, there shall be plainly marked upon 
such receptacle, or upon a durable tag securely attached 
thereto, a statement that the contents of the package are 
marked as required by this act. It shall be unlawful for 
any person except a purchaser at retail to remove or efface 
any marking upon any article or rece})taclc, or any tag 
attached thereto, under the provisions of this act. 

Section 2. No person shall use, in the manufacture of 
any mattress, pillow, cushion, muff bed, quilt, or similar 



General Acts, 1915. — Chap. 148. 135 

article for purposes of sale, or shall sell or offer or expose for 
sale, or have in possession for the purpose of such use or for 
sale, any material which has previously been used in or 
about a hospital, or on or about the person of any one having 
an infectious or contagious disease, nor shall any person sell, 
or offer or expose for sale, any such articles containing 
materials which have previously been so used. 

Section 3. It sliall be the duty of the state department Duties of 
of health, whenever there is reason to believe that any menVof''*'^ 
provision of this act is being violated, to cause an investi- 
gation to be made of any factory, shop, warehouse, store, 
or other place where it is believed that the act is being 
violated, and for this purpose any member of the said de- 
partment, or any duly accredited representative thereof, 
shall have authority to enter any building or other place 
at all reasonable times. If, upon investigation, mattresses, use of label 
pillows, cushions, muft' beds, quilts or similar articles, or ""'^'®^''- 
materials for use in the manufacture of the same, shall be 
found, which have been previously used in or about a hospital, 
or on or about the person of any one having an infectious or 
contagious disease, such materials or articles, manufactured 
or in process of manufacture, shall be marked by the state 
department of health with lal)els bearing the word "un- 
clean" in conspicuous letters, and the state department of 
health, with or without notice to the owner or supposed 
owner, may order the removal and destruction of the said 
materials or articles, or may make such other order relating 
to the said materials or articles as the circumstances of the 
case may require. 

Section 4. The state department of health, or its duly Postin?of 
authorized representative, whenever, in the opinion of the °° "^"^^ 
department, it is necessary to safeguard the public health, 
may post upon any building or part thereof containing such 
materials or articles, or from which the same have been 
removed, notice or warning of the danger of contagion or 
infection resulting from the violation of the provisions of 
this act, and may continue such notice upon the said premises 
until the same shall have been properly cleaned and dis- 
infected. It shall be unlawful for any person to remove 
such notice or warning except by order of the state depart- 
ment of health. 

Section 5. It shall be the duty of any police officer or Duties of 
member of any municipal board of health, or other city or etcf^° 
town official, who has reason to believe that the provisions 



Penalties. 



136 General Acts, 1915. — Chaps. 149, 150. 

of tliis act have been or are beinc; violated, to give notice 
thereof to the state department of health. 

Section G. Whoever manufactures for purposes of sale, 
sells, offers or exposes for sale, or has in possession with 
intent to sell, any mattress, pillow, cushion, muflf bed, quilt, 
or similar article having a filling of hair, down, feathers, wool, 
cotton, silk floss or other material, which is not marked in 
accordance with the provisions of this act, or whoever uses 
in the manufacture of any of the said articles materials 
previously used in or aljout a hospital, or upon or about the 
person of any one having an infectious or contagious disease, 
shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment not exceeding six months, or 
by both such fine and imprisonment. Whoever removes or 
effaces any marking upon any article or receptacle or any 
tag attached thereto, or any notice or warning posted upon 
any premises by the state department of health under the 
provisions of this act, shall be punished by a fine not ex- 
ceeding fifty dollars for each offence. 

Approved April 8, 1915. 

Chap A4:9 An Act rek\tive to the number of copies to be printed 
OF certain reports of the insurance commissioner. 

Be it enacted, etc., as folloivs: 

traded! ^' Section seven of chapter nine of the Revised Laws is 

hereby amended by striking out the words "fifteen hun- 
dred", in the seventy-fifth line, and inserting in place thereof 
the words: — eight hundred, — and by striking out the 
words "five hundred", in the seventy-eighth line, and in- 
serting in place thereof the words: — -one thousand, — so 
that lines seventy-five, seventy-six, seventy-seven and sev- 
enty-eight of the said section will read as follows : — 

S'^the'hwifr-'^*^ Of the insurance commissioner, on fraternal beneficiary 

ance com- corporatious, eight hundred copies. 

missioncr, • ' f? , i> 

number, etc. Qf the " Tcxt aud Tablcs " of the report of the insurance 

commissioner, one thousand copies. 

Approved April 8, 1015. 

Chap. IdO An Act to provide for additional regulation relative 

TO THE introduction OF SEWAGE INTO THE NORTH METRO- 
POLITAN SEWERAGE SYSTEM. 

Be it enacted, etc., as folloivs: 

amended.^ ^' SECTION 1. Scctiou uiuc of chapter four hundred and 

thirty-nine of the acts of the year eighteen hundred and 



General Acts, 1915. — Chap. 151. 137 

eighty-nine is hereby amended by striking out tlie word 
"and", in the fourth hne, and inserting after the word 
"control", in the same hne, the words: — and regulation, — 
so as to read as f ohows : — Section 9. Any city or town within ^j^^*^^^'J^,fg*'f^ 
whose hmits any main sewer shall have been constructed connect with 
under the provisions of this act shall connect its local sewers itan sewerage 
with such main sewer, subject to the direction, control and ^^'' '^'^' 
regulation of said board, and any person, firm or corporation 
may, subject to the direction, control and regulation from 
time to time of said board, and subject to such terms, con- 
ditions and regulations as each city or town may prescribe, 
connect private drains with said main sewer. 

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

Aiyprovcd /Ipril 8, 1915. 

An Act kei^vtive to certain proceedings in the pro- (Jfidj) l^l 

BATE COURT. 

Be it enacted, etc., as follows: 

Section 1. Legacies may be recovered and all rights in Legacies may 
respect of the same enforced by proceedings in equity in etc.. by pro-' 
the probate court in which the will was proved, and no action equity^^in 
at law shall hereafter be instituted for the recovery of a P''°ba''e court. 
legacy from the estate of the testator. 

Section 2. When interest upon pecuniary legacies is Rate of 
allowed out of the estate, the rate of interest, unless other- 
wise provided in the will, shall be such as the supreme 
judicial court may by general rules from time to time es- 
tablish, having regard to the principles upon which such 
interest is allowed; and in the absence of any such rule of 
court the rate shall be four per cent per annum. 

Section 3. In settling an account of any executor, ad- Court may 
ministrator, trustee, guardian, or other fiduciary, the probate auction of 
court shall have authority to require him, or any of them moneys!^'*" 
where there are several, to produce during the proceedings 
or afterw^ard, as the court may direct, any securities or 
moneys comprised in the account or any documents relating 
to the investments of the estate, and to replace any moneys 
or property that have been improperly applied or disposed 
of, or the value thereof, and to pay or transfer the same or 
any moneys or property with which he or they may be 
charged into a i)ropcr account or otherwise as the court may 
order, in such manner that the saine shall be in the control 
of the person or persons entitled thereto, and the proceedings 
upon every such account shall be considered for all purposes 



138 



General Acts, 1915. — Chap. 151. 



Payment of 
claims. 



Certain pro- 
visions of lai 
to apply. 



Amount clue 
for services, 
how fixed, etc. 



to be proceedings in equity, and the orders and decrees of 
the court therein shall be enforceable accordingly, and 
execution may also be issued for any such moneys against 
the fiduciary personally as upon a judgment in an action at 
law in favor of the person or persons entitled to the control 
thereof, or any of them, for the benefit of them all. 

Section 4. When the amount due to a creditor of the 
estate of a deceased person which has been represented 
insolvent has been ascertained by the decree of distribu- 
tion, or when the amount due to a person who is next of 
kin or a distributee of an intestate estate on account of his 
share of the personal property has been ascertained by a 
decree of the probate court for distribution or partial dis- 
tribution, payment of the same by the executor or ad- 
ministrator to any such creditor or other person to whom 
the executor or administrator neglects upon demand to 
pay such amount may be enforced summarily by the probate 
court upon motion of such creditor or other person, in the 
same manner as a like payment under a decree in equity 
may be enforced, and execution may also be issued therefor 
against the executor or administrator personally as upon a 
judgment in an action at law. 

Section 5. Whenever any real or personal estate com- 
prised in a trust estate or in the estate of a deceased person 
is ordered by the probate court to be sold and distributed 
under the provisions of section eighteen of chapter one 
hundred and forty-six of the Revised Laws, as amended by 
chapter two hundred and thirty-six of the acts of the year 
nineteen hundred and seven, or under the provisions of 
section twenty of chapter one hundred and forty-seven or 
section nineteen of chapter one hundred and fifty of the 
Revised Laws, or any legacy or any surplus proceeds of 
sale are ordered by the said court to be distributed or dis- 
posed of pursuant to the provisions of section twenty-two 
of chapter one hundred and forty-one or of section nine of 
chapter one hundred and forty-eight of the Revised Law^s, or 
whenever the said court in pursuance of any authority con- 
ferred on it orders the distribution or disposal of any fund 
or moneys, provisions like those which are contained in the 
next preceding section shall be applicable to the enforce- 
ment of the payment and disposition thereof in accordance 
with such order. 

Section 6. The probate court shall have authority to 
ascertain and determine the amount due to any person for 



General Acts, 1915. — Chap. 151. 139 

services as appraiser, for premiums of surety companies for 
acting as surety upon the official bonds of administrators, 
executors, trustees, guardians, conservators, or receivers, 
or for services rendered by any person in connection with 
the administration of any estate of a deceased person, or 
with the administration of any trust, guardianship, con- 
servatorship or receivership, and payment of said amount 
when ascertained and determined to be due may be en- 
forced summarily by said court upon motion of the person 
to whom the amount is due in the same manner as a like 
payment under a decree in equity may be enforced, and 
execution may also be issued therefor against the executor, 
administrator, trustee, guardian, conservator or receiver 
personally as upon a judgment in an action at law. 

Section 7. It shall not be necessary to remove an Action to 
executor or administrator in order that an action or suit ''" '"^'^^ " *'™^' 
to enforce a claim in favor of the estate may be brought by 
an administrator to be appointed in his place, when he re- 
fuses to bring such action or suit at the request of a legatee 
or creditor, or is unable to do so by reason of his interest or 
otherwise, but a legatee or creditor having an interest in the 
enforcement of any such claim may bring a suit in equity to 
enforce the claim for the benefit of the estate in the like 
circumstances and in the like manner as a person beneficially 
interested in a trust fund may bring a suit to enforce a claim 
in favor of such fund, and in the case of such a suit in respect 
to real estate, it shall not be an obstacle to the suit that a 
license to sell the same has not been obtained by the executor 
or administrator. ■ 

Section 8. Chapter one hundred and sixty-two of the r. l. i62, § 33, 
Revised Laws is hereby amended by striking out section ^™^" ^ 
thirty-three and inserting in place thereof the following : ■ — 
Section 33. Probate courts shall have the like powers and ^o^^u^^' °^ 
authority for enforcing all orders, sentences, and decrees Q"^°5;g'"^p 
made or pronounced by the court in the exercise of any 
jurisdiction vested in it, and for punishing contempts of 
such orders, sentences, and decrees and other contempts of 
its authority, as those which are vested for such or similar 
purposes in the supreme judicial court or the superior court 
in equity in relation to any suit in equity depending in either 
of those courts. 

Section 9. This act shall take effect on the first day of Jj|.™^ "^ ^^'''"s 
September next. Approved April S, 1915. 



140 



General Acts, 1915. — Chap. 152. 



1907, 563, § 4, 
etc., amended. 



Taxes on 
legacies and 
successions 
payable to the 
treasurer and 
receiver 
general. 



Chap. 152 An Act rel.\tive to the time of payment of the tax 

ON LEGACIES AND SUCCESSIONS. 

Be it enncted, etc., as follows: 

Section 1. Section four of chapter five himdrcd and 
sixty-three of the acts of the year nineteen hundred and 
seven, as amended by section two of chapter five hundred 
and twenty-seven of the acts of the year nineteen hundred 
and nine, is hereby further amended by striking out the 
words "two years", in the fifth fine, and inserting in place 
thereof the words : — one year, — and by striking out the 
words "their giving bond", in the same line, and inserting 
in place thereof the words: — ■ the giving bond by the execu- 
tors, administrators or trustees first appointed, — so as 
to read as follows: — Section 4- Except as hereinafter 
provided, taxes imposed by the provisions of this act shall 
be payable to the treasurer and receiver general by the 
executors, administrators or trustees at the expiration of 
one year after the date of the giving bond by the executors, 
administrators or trustees first appointed. If the probate 
court, acting under the provisions of section thirteen of 
chapter one hundred and forty-one of the Revised Laws, 
has ordered the executor or administrator to retain funds 
to satisfy a claim of a creditor, the payment of the tax may 
be suspended by the court to await the disposition of such 
claim. In all cases where there shall be a grant, devise, 
descent, or bequest to take effect in possession or come into 
actual enjoyment after the expiration of one or more life 
estates or a term of years, the taxes thereon shall be payable 
by the execvitors, administrators or trustees in office when 
such right of possession accrues, or, if there is no such execu- 
tor, administrator or trustee, by the person or persons so 
entitled thereto, at the expiration of one year after the 
date when the right of possession accrues to the person or 
persons so entitled. If the taxes are not paid when due, 
interest shall be charged and collected from the time the 
same became payable. Property of which »• decedent dies 
seized or possessed, subject to taxes as aforesaid, in whatever 
form of investment it may happen to be, and all property 
acquired in substitution therefor, shall be charged with a 
lien for all taxes and interest thereon which are or may 
become due on such property; but said lien shall not affect 
any personal property after the same has been sold or dis- 



interest to be 

charged in 
certain cases. 



General Acts, 1915. — Chap. 153. 141 

posed of for value by the executors, administrators or trustees. 
The hen charged by this act upon any real estate or separate Lion, how 
parcel thereof may be discharged by the payment of all ' '"''' ^'^^' " 
taxes due and to become due upon said real estate or separate 
parcel, or by an order or decree of the probate court dis- 
charging said lien and securing tlie payment to the com- 
monwealth of the tax due or to become due by bond or 
deposit as hereinafter provided, or by transferring such 
lien to other real estate owned by the owner or owners of 
said real estate or separate parcel thereof. 

Section 2. This act shall take effect upon its passage to apply to 
and shall apply to the estates of all persons dying on or after tain persons, 
the date of its passage. Apinoved April S, 1015. 

An Act to authorize the county of barnstable to Chap.Xb^ 

CONSTRUCT AND MAINTAIN AN INFIRMARY FOR THE CARE 
AND TREATIVIENT OF TUBERCULOUS PATIENTS AND THOSE 
AFFLICTED WITH OTHER CONTAGIOUS DISEASES. 

Be it enacted, etc., as foUows: 

Section 1. The county commissioners of the county of Barnstable 
Barnstable are herebv authorized and directed to construct, "^^v ^""struct 

, , * . PI 1 '^'^ inhrmary 

equip and maintain an adequate infirmarv for the care and for tuberculous 

* DiltlCllts PtC 

treatment of persons ill with tuberculosis and other con- 
tagious diseases. The infirmary shall be owned by the 
county. For the purpose of providing for its construction, 
equipment and maintenance, the county commissioners are 
hereby authorized to issue from time to time bonds or notes 
of the county to an amount not exceeding fifty thousand 
dollars. Each authorized issue of bonds or notes shall con- 
stitute a separate loan. Such bonds or notes shall bear 
on their face the words. County of Barnstable Infirmary County of 
Loan, Act of 1915; shall be payable by such annual pay- infirm.ary 
ments, beginning not more than one year after the date 1915"' 
thereof, as will extinguish each loan within ten 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 the loan payable in any subsequent year. The 
said bonds or notes shall bear interest at a rate not exceeding 
five per cent per annum, payable semi-annually; and they 
shall be signed by the treasurer of the county and counter- 
signed by a majority of the county com.missioners. The 
county may sell the said securities at public or private sale, 
upon such terms and conditions as the county commissioners 



142 



General Acts, 1915. — Chap. 153. 



Payment of 
loan. 



Taking of land. 



Board of 

trustees, 

appointment, 

etc. 



Approval of 
location, etc. 



Payment to 
towns. 



Preference 
given to certain 
poor patients. 



may deem proper, but tliey sliall not hv sold for less than 
their par value, and the proceeds shall be used only for the 
purposes specified herein. 

Section 2. The county commissioners, at the time of 
authorizing said loan, shall provide for the payment thereof 
in accordance with the provisions of section one of this act; 
and a sum sufficient to pay the interest as it accrues on the 
bonds or notes issued as aforesaid by the county, and to 
make such payments on the principal as may be required 
under the provisions of this act, shall be levied as a part of 
the coimty tax of the county of Barnstable annually there- 
after, in the same manner in Avhich other comity taxes are 
levied, until the debt incurred by said loan or loans is ex- 
tinguished. 

Section 3. For the purpose of carrying out the provisions 
of this act the county commissioners of the county of Barn- 
stable may purchase or lease, or take by right of eminent 
domain, such land, not exceeding five hundred acres in 
extent, as they may deem necessary or convenient there- 
for. Damages for the taking of land or for the doing of 
any other act under authority hereof may be recovered in 
the manner provided by law for the recovery of damages in 
the case of land taken for highways. 

Section 4. The county commissioners shall appoint a 
board of five persons to act as trustees of the infirmary, 
three of whom shall be physicians and residents of the county, 
who shall make regulations for its government, and shall 
appoint a superintendent and such other officers and em- 
ployees as may be necessary for the proper conduct of the 
infirmary. 

Section 5. The location and construction of the said 
infirmary shall be subject to the approval of the state de- 
partment of health. 

Section 6. The towns of the county of Barnstable 
supporting patients in the said infirmary shall be entitled 
to any payments or repayments allowed under the laws of 
the commonwealth in the same manner and subject to the 
same conditions which govern the support of tuberculous 
patients in a city or tow^n hospital. 

Section 7. The trustees of the said infirmary may receive 
and care for patients who are able to pay, upon such terms 
as the trustees shall fix, but preference shall be given to 
poor patients who are imder the care of public health de- 
partments within the county. 



General Acts, 1915. — Chaps. 154, 155. 143 

Section 8. The provisions of this act shall relieve the Towns relieved 
towns of the county of Barnstable from the erection of sepamtT*'"^ 
separate hospitals for the treatment of tuberculosis. hospitals. 

Section 9. This act shall take effect upon its passage. 

Approved April 10, 1015. 



An Act relative to the boulevard or parkway around (7/^(2/9.154 

LAKE QUANNAPOWITT IN THE TOWN OF WAKEFIELD. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission may ex- Metropolitan 
ercise over so much of Lake Quaimapowitt and the soil in ^on^'may exer- 
the bed thereof between low water mark of the said lake and autYoHty over 
the parkway or boulevard constructed in said lake, under p^^ltl^"^'^"'^' 
authority of chapter forty-one of the resolves of the year 
nineteen hundred and fourteen, all the powers which the 
commission now has over other lands owned by the com- 
monwealth and under the care and control of the commission, 
including the powers conferred upon the commission by 
chapter four hundred and fifty of the acts of the year eighteen 
hundred and ninety-five. 

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

Approved April 12, 1015. 



An Act relative to payments by insurance companies Chap. 155 
to persons insured against accident or sickness. 

Be it enacted, etc., as follows: 

Section 1. Any person who is insured by an Insurance Payments by 
company, and who is entitled to payment on account of companies to 
sickness or accident, shall be paid at least once in thirty against accident 
days the amount due, but this requirement need not be set or sickness. 
forth in the policy of insurance or certificate of membership 
issued to such person. 

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

Section 3. ' This act shall take effect on the first day of l^f^°^ ^^^ing 
September, nineteen hundred and fifteen. 

Approved April 12, 1015. 



144 



General Acts, 1915. — Chaps. 156, 157. 



Chap.lbQ An Act relative to the care of burial grounds in 

TOWNS. 

Be it enacted, etc., as follows: 

Any town may annually appropriate and raise by tax- 
ation such sums as may be necessary to care for and keep in 
good order and to protect by proper fences any or all burial 
grounds within the town in which ten or more bodies are 
interred and which are not properly cared for by the owner 
or owners, and the care and protection of such burial grounds 
shall be in charge of the cemetery commissioners, if the town 
has such officers, and otherwise in charge of the selectmen. 

Apiwoved April 12, 1915. 



Towns may 
expend money 
to care for 
certain burial 
grounds. 



Chap. 157 An Act relative to the laying out of railroads. 



1906, 463, Part 
II, § 73, etc., 
amended. 



1906, 463, Part 
II, § 78, 
amended. 



Additional 
land, etc., 
may be 
acquired. 



Be it enacted, etc., as follows: 

Section 1. Section seventy-three of Part II of chapter 
four hundred and sixty-three of the acts of the year nineteen 
hundred and six, as amended by section two of Part II of 
chapter se\'en hundred and twenty-fiA'e of the acts of the 
year nineteen hundred and twelve, is hereby further amended 
by striking out at the end thereof the words '"'provided, 
however, that the powers conferred upon the county com- 
missioners by said section seventy-eight shall under this 
act be vested in the board of railroad commissioners". 

Section 2, Part II of said chapter four hundred and 
sixty-three is hereby further amended by striking out section 
seventy-eight and inserting in place thereof the following : — 
Section 78. If a railroad corporation, for the purpose of 
making or securing its railroad or for depot or station pur- 
poses, requires land or materials outside the limits of the 
route fixed, or requires additional land for one or more new 
tracks adjacent to other land occupied by such corporation 
by a track or tracks already in use, and is unable to obtain 
it by agreement with the owner, it may apply to the public 
service commission, Avhich, after notice to the owner and a 
hearing, may prescribe the limits within which it may be 
taken without his permission in the manner hereinafter pro- 
vided; and the corporation shall, witliin one year after the 
decree, file with the county commissioners of each county 
in which the land is situated, a location thereof, certified by 
the secretary of the public service commission, defining the 



General Acts, 1915. — Chap. 158. 145 

courses, distances and boundaries thereof, in such form and 
with such other particulars as the rules of said commission 
may require. If highways, public buildings, parks or ceme- Taking of 
teries are to be taken, the consent of the city or town in plfbikf^^' 
which the land is to be taken shall first be obtained; but buildings, etc. 
nothing herein contained shall be construed as authorizing 
such taking, or altering the manner thereof, if said taking 
is otherwise prohibited or provided for by law. 
Section 3. This act shall take effect upon its passage. 

Approved April 12, 1915. 



An Act relative to the marking of receptacles con- (Jfiaj) 158 

TAINING VINEGAR. 

Be it enacted, etc., as follows: 

Section three of chapter six hundred of the acts of the loii. eoo, § 3, 
year nineteen hundred and eleven is hereby amended by ^™''" ° 
striking out the words " and the substance or substances from 
which it was made", in the sixth and seventh lines, and in- 
serting in place thereof the words : — the substance or sub- 
stances from which the vinegar is made, and cider vinegar, 
if diluted with water, shall be distinctly and conspicuously 
labelled to indicate this fact, as for example, "Diluted to 
Legal Strength", — so as to read as follow^s: — Section 3. ]lf^^%°l 
Each cask, barrel or other container used by a manufacturer containing 
or producer of or wholesale dealer in vinegar, to contain 
vinegar sold or offered for sale, shall be plainly marked with 
the name and place of business of the said manufacturer, 
producer or wholesale dealer, the kind of vinegar contained 
therem, the substance or substances from which the vinegar 
is made, and cider vinegar, if diluted with water, shall be 
distmctly and conspicuously labelled to indicate this fact, 
as for example, "Diluted to Legal Strength." Every com- 
pound or mixture or blend of vinegar shall be marked with 
the word "compound" or "mixture", with a statement of 
its constituents and the percentage of each constituent. 
The principal label, including the word "compound" or 
"mixture", if used on vinegar in wooden packages, shall be 
in Roman letters not less than one inch high, properly spaced 
and in straight parallel lines with no more tjian two niches 
of space between each line. The marking of vinegar in 
other containers than wooden packages shall be governed 
by the provisions of sections eighteen and nineteen of chapter 



1911, 372, § 1, 
etc., amended. 



146 General Acts, 1915. — Chap. 159. 

Penalty. sevcnty-five of the Revised Laws. Whoever, himself, or 

by his servant or agent, violates any provision of this section 
shall be punished by a fine of not more than one hundred 
dollars. Ayyrovcd April 12, 1915.' 

ChapA59 An Act relative to search warrants under the law 

RELATING TO CERTAIN DRUGS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
seventy-two of the acts of the year nineteen hundred and 
eleven, as amended by section one of chapter two hundred 
and eighty-three of the acts of the year nineteen hundred 
and twelve, is hereby further amended by inserting after 
the word "substances", in the seventh line, the words: — 
or cocaine, alpha or beta eucaine, or any synthetic substitute 
for them, or any preparation containing the same, or any 
salts or compounds thereof, — by inserting after the word 
"return", in the twenty-seventh line, the word: — forth- 
with, — and by striking out the words "as soon as may 
be", in the twenty-seventh and tw'enty-eighth lines, so 
as to read as follows : — Section 1. If a person makes 
complaint under oath to a police, district, or municipal 
court, or to a trial justice or justice of the peace authorized 
to issue warrants in criminal cases, that he has reason to 
believe that opium, morphine, heroin, codeine, cannabis 
indica, cannabis sativa or any other hypnotic drug or any 
salt, compoimd or preparation of said substances, or co- 
caine, alpha or beta eucaine, or any synthetic substitute for 
them, or any preparation containing the same, or any salts 
or compounds thereof, is kept or deposited by a person 
named therein in a store, shop, warehouse, building, vehicle, 
steamboat, vessel or place other than by a manufacturer or 
jobber, wholesale druggist, registered pharmacist, registered 
physician, registered veterinarian, registered dentist, regis- 
tered nurse, employees of incorporated hospitals, or a common 
carrier or porter when transporting any drug mentioned 
herein between parties hereinbefore mentioned, such court 
or justice, if it appears that there is probable cause to believe 
that said complaint is true, shall issue a search warrant to 
a sheriff, deputy sheriff, city marshal, chief of police, deputy 
marshal, police officer or constable commanding him to 
search the premises in which it is alleged that such opium, 
morphine, heroin, codeine, cannabis indica, cannabis sativa 



IsBuins of 
search war- 
rants under 
the law rela- 
tive to certain 
drugs. 



General Acts, 1915. — Chaps. 160, 161. 147 

or any other hypnotic drug or any salt or compound or 
preparation of said substances or any preparation containing 
the same is kept or deposited, and to seize and securely keep 
the same until final action, and to arrest the person or 
persons in whose possession it is found, together with all 
persons present if any of the aforesaid substances is found, 
and to return forthwith the warrant with his doings thereon, 
to a court or trial justice having jurisdiction in the place in 
which such substance is alleged to be kept or deposited. 
Section 2. This act shall take effect upon its passage. 

Aiyproved April 12, 1015. 

An Act to regulate public lodging houses in certain Chav.lQiO 

CITIES. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter two hundred and etc!" Amended. 
forty-two of the acts of the year nineteen hundred and four, 
as affected by chapter one hundred and twenty-nine of the 
acts of the year nineteen hundred and eleven, is hereby 
amended by adding at the end thereof the following : — 
No building or part thereof hereafter erected, altered or con- 
verted to be used as such a public lodging house shall have 
the sleeping compartments arranged on the cubicle plan, — 
so as to read as follows : — Section 1 . In cities of over fifty Public lodging 
thousand inhabitants every building not licensed as an define'd.*^ '" 
inn, in which ten or more persons are lodged for a price of 
twenty-five cents or less for each person for a day of twenty- 
four hours, or for any part thereof, shall be deemed a public 
lodging house within the meaning of this act. No building cubicie plan 
or part thereof hereafter erected, altered or converted to '"° '^''^ 
be used as such a public lodging house shall have the sleeping 
compartments arranged on the cubicle plan. 

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

Ap2)roved April 12, 1915. 

An Act relative to the inspection of nursery stock. (JJku) \q\ 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter five hundred and ^^j^g;;j°Jj^ ®' 
seven of the acts of the year nineteen hundred and twelve is 
hereby amended by inserting after the word "inspector", in 
the first line, the words: — either personally or through his 
deputies, — and by adding at the end of the section the 



148 



General Acts, 1915. — Chap. 162. 



State nursery 
inspector may 
inspect all 
stock coming 
into the state. 



1912, 507, 
amended. 



Fruits to be 
held for 
inspection. 



words: — The state nursery inspector, eitlier personally or 
through his deputies, shall also have power to inspect all 
fruits brought into the state from any other state, province 
or country, grown on plants, shrubs or trees of kinds which 
also grow out of doors in this state, and, should such fruits 
be found to })e infested with injurious insects or plant diseases 
liable to establish themselves in this state, he may cause such 
fruits to be destroyed, or treated or returned to the con- 
signor at the consignor's expense, — so as to read as fol- 
lows: — Section 6. The state nursery inspector, either 
personally or through his deputies, shall have power to 
inspect at its point of destination all nursery stock coming 
into the state, and should such stock be found to be infested 
with injurious insects or plant diseases he may cause it to 
be destroyed, or treated or returned to the consignor at the 
consignor's expense. The state nursery inspector, either 
personally or through his deputies, shall also have power to 
inspect all fruits brought into the state from any other state, 
province or country, grown on plants, shrubs or trees of 
kinds which also grow out of doors in this state, and, should 
such fruits be found to be infested with injurious insects or 
plant diseases liable to establish themselves in this state, he 
may cause such fruits to be destroyed, or treated or returned 
to the consignor at the consignor's expense. 

Section 2. Said chapter five hundred and seven is 
hereby further amended by inserting after section six the 
following new section : — Section 7. Every person, firm or 
corporation who shall receive, bring or cause to be brought 
into the state from such states, provinces or countries as 
may be designated by the secretary of the state board of 
agriculture, any fruits grown on plants, shrubs or trees of 
kinds which also grow out of doors in this state, shall im- 
mediately after the arrival thereof notify the state nursery 
inspector of such arrival and hold the same until they have 
duly been inspected. 

Section 3. This act shall take effect upon its passage. 

Approved April 12, 1915. 



Chap. 162 An Act relative to public domain. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter twenty- 
eight of the Revised Laws, as amended by section one of 
chapter five hundred and sixty-four of the acts of the year 



R. L. 28, § 23, 
etc., amended. 



General Acts, 1915. — Chap. 163. 149 

nineteen hundred and tliirtecn, is hereby further amended 
by adding at the end thereof tlie words: — with the exception 
that cities or towns owning Umd within the territorial limits 
of other cities or towns for water supply purposes may, as 
herein provided, convert such land into a public domain 
and retain the title thereto, — so as to read as follows : — 
Section 23. A town, by a vote of two tliirds of the legal ^*'^'^^y 
voters present and voting at an annual town meeting, or take land for 

i,.,,. .| . a 11 public domain. 

a city m which the city council consists or two branches, 
by a vote of two thirds of the members of each branch, 
and a city in which there is a single legislative board, by a 
vote of two thirds of the members thereof, present and 
voting thereon, may take or purchase land within their 
limits, which shall be a public domain, and may appropriate 
money and accept gifts of money and land therefor; but 
the indebtedness so incurred shall be limited to an amount 
not exceeding one half of one per cent of the last preceding 
assessed valuation of the city or town. Such public domain To be devoted 
shall be devoted to the culture of forest trees, or to the posl?. **'" ^^' 
preservation of the water supply of such city or town and 
the title thereto shall vest in the city or town in which it 
lies, with the exception that cities or towns owning land 
within the territorial limits of other cities or towns for water 
supply purposes may, as herein provided, convert such 
land into a public domain and retain the title thereto. 
Section 2. This act shall take effect .upon its passage. 

Approved April 12, 191/). 

An Act relative to the support of destitute parents. Chap. 163 

Be it enacted, etc., as follows: 

Section 1. Any person, above the age of twenty-one Penalty for 
years, who, being possessed of sufficient means, unreasonably provide^for 
neglects or refuses to provide for the support and maintenance p^jfen^s*;^ 
of his parent, whether father or mother, residing in this 
commonwealth, when such parent through misfortune and 
without fault of his own is destitute of means of sustenance 
and unalile by reason of old age, infirmity or illness to support 
and maintain himself or herself, shall be punished by a fine 
not exceeding two hundred dollars, or by imprisonment for 
not more than one year, or by both such fine and imprison- 
ment. No such neglect or refusal shall be deemed un- 
reasonable as to a child who shall not during his or her 
minority have been reasonably supported by such parent, 



150 



General Acts, 1915. — Chap. 164. 



Court may 
make orders in 
certain cases. 



Complaints, 
proceedings, 
etc. 



if the parent was charged with the duty so to do, nor as 
to any child who, being one of two or more cliildren, has 
made proper and reasonable contribution toward the support 
of such destitute parent. 

Section 2. Before the trial, with the consent of the 
defendant, or at the trial, on entry of a plea of guilty or 
after conviction, the court may, in its discretion, make such 
orders and require such conditions for the benefit of such 
destitute parent as are provided for in the case of a wife or 
a minor child by chapter four hundred and fifty-six of the 
acts of the year nineteen hundred and eleven and acts in 
amendment thereof and in addition thereto, and the practice 
thereby established shall, so far as it is applicable, apply to 
proceedings under this act. 

Section 3. Complaints under the provisions of this act 
may be made by any such parent, by any child of such a 
parent, by the overseers of the poor of the city or town in 
which the parent has a settlement or by any other public 
relief officer. Proceedings under this act may be begim in 
the municipal, district or police court having jurisdiction 
of the place where the defendant lives, and if there be no 
such court, then in any municipal, district or police court in 
the county; or in the municipal, district or police court 
having jurisdiction of the place where the parent lives; and 
if there be no such court, then in any municipal, district or 
police court in the countj^ If no court has jurisdiction as 
aforesaid, proceedings may be begun before a trial justice in 
the county where the defendant or the parent lives. 

Approved April 12, 1915. 

Chap. 1Q4: An Act relative to the appropriation of money by 

TOWNS FOR THE CELEBRATION OF THE ANNIVERSARY OF 
SETTLEMENT. 

Be it enacted, etc., as follows: 

Section eighteen of chapter twenty- five of the Revised 
Laws, as amended by chapter ninety-one of the acts of the 
year nineteen hundred and eight, is hereby further amended 
by adding at the end thereof the following: — If there is a 
question as to the date of the settlement, the date shall be 
determined by the selectmen subject to the approval of the 
voters. The celebration of the anniversary may be held at 
any time during the year, — so as to read as follows: — 
Section 18. A town may at any town meeting appropriate 
money for the celebration of the fourth day of July, and any 



R. L. 25, § 18, 
etc., amended. 



Towns may 
appropriate 
money for the 



General Acts, 1915. — Chaps. 165, 166, 167. 151 

town may raise by taxation such amount of money as may the^'„'',||°"j,?^ 
be authorized by a two thirds vote for the celebration of the sary of 
anniversary of its settlement or of its incorporation at the 
end of a period of fifty, or of any multiple of fifty, years 
therefrom, and of publishine; the proceedings thereof. If 
there is a question as to the date of the settlement, the date 
shall be determined by the selectmen subject to the approval 
of the voters. The celebration of the anniversary may be 
held at any time during the year. 

Aiyproved April IS, 1915. 

An Act to enlarge the towers and duties of town ChavA^b 

PLANNING BOARDS. 

Be it enacted, etc., as folloivs: 

A town planning board may, if so authorized by vote of boards^'mry'"^ 
the town, act as park commissioners therein, and may be act as park 

,.,,,,^ ii- 1 i>i commissioners 

vested witii all the powers and duties now or hereaiter by in certain 
law vested in the park commissioners of towns. ^'^°^' 

Approved April 13, 1915. 

An Act to authorize the municipal court of the city C'/ia».166 
OF boston to secure medical service for its crim- 
inal business. 

Be it enacted, etc., as follows: 

Section 1. The municipal court of the city of Boston Boston munic- 
may secure for the criminal business of said court medical securTmecHSii 
service, and the equipment necessary therefor, and for this taiu'cLes.'''''^' 
purpose may expend annually a sum not exceeding six 
thousand dollars, which shall be paid by the county of 
Suffolk upon vouchers approved by the chief justice of said 
court. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by the city council of the city of Boston, with the approval Suncii^etc!*^ 
of the mayor. Approved April 13, 1915. 

An Act to provide for returns of property of foreign (Jjiaj) 167 
corporations situated within the commonwealth and 
subject to local taxation therein. 

Be ii enacted, etc., as follows: 

Section fifty-four of Part III of chapter four hundred and {j^Vm.' ^'''^ 
ninety of the acts of the year nineteen hundred and nine is ameudcd. 



152 



General Acts, 1915. — Chap. 168. 



Foreign cor- 
porations to 
file certificates 
of condition, 
etc. 



Return of tax- OV 
able property 
to be made. 



hereby amended, by adding at the end thereof, the words: 
— E\'ery foreign corporation which has property within the 
commonwealth subject to taxation under the laws thereof, 
shall annually, between the first and tenth days of April, 
prepare and file in the office of the tax commissioner a return 
in such form as the tax commissioner may prescribe, signed 
and sworn to by its treasurer, showing in detail all its prop- 
erty, real and personal, subject to local taxation within the 
commonwealth, on the first day of April, and the location 
and value thereof, — so as to read as follows: — Section 51^. 
Every foreign corporation shall annually, within thirty 
days after the date fixed for its annual meeting, or within 
thirty days after the final adjournment of said meeting, but 
not more than three months after the date so fixed for said 
meeting, prepare and file in the office of the secretary of 
the commonwealth, upon payment of the fee provided in 
section ninety-one of chapter four hundred and thirty-seven 
of the acts of the year nineteen hundred and three, a certifi- 
cate signed and sworn to by its president, treasurer, and 
by a majority of its board of directors, showing the amount 
of its authorized capital stock, and its assets and liabilities 
as of a date not more than ninety days prior to said annual 
meeting, in such form as is required of domestic business 
corporations under the provisions of section forty-five of 
said chapter, and the change or changes, if any, in the other 
particulars included in the certificate required by section 
sixty of said chapter, made since the filing of said certificate 
of the last annual report. Every foreign corporation 
which has property within the commonwealth subject to 
taxation under the laws thereof, shall annually, between 
the first and tenth days of April, prepare and file in the 
office of the tax commissioner a return in such form as the 
tax commissioner may prescribe, signed and sworn to by 
its treasurer, showing in detail all its property, real and 
personal, subject to local taxation within the common- 
wealth, on the first day of April, and the location and value 
thereof. Approved April 13, 1915. 



Chap. IQS An Act to provide for giving publicity to the ad- 
vantages OFFERED BY THE LIFE INSURANCE DEPART- 
MENTS OF SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-five hundred dollars may 
be allowed and paid out of the treasury of the common- 



Publicity to be 
given life in- 
Burance de- 



General Acts, 1915. — Chaps. 169, 170. 153 

wealth from the ordinary revenue, to be expended under the partments of 
direction of the trustees of the General Insurance Guaranty "^^'"^^ 
Fund, for the purpose of making known to those in need 
of industrial insurance the advantages offered by the life 
insurance departments of savings banks; the said sum to 
be in addition to any sums appropriated for salaries, office 
rent, and other necessary expenses during the current year. 
Section 2. This act shall take effect upon its passage. 

ApiJroved April 16, 1915. 



An Act relative to cinematographs using only cel- (jhnnj igg 

LULOSE acetate FILMS. 

Be it enacted, etc., as follows: 
Section 1 . The provisions of chapter seven hundred Certain pro- 

. PI i> 1 • 1111 "^''sions of law 

and nmety-one or the acts oi the year nmeteen hundred and not to apply to 
fourteen shall not apply to any cinematograph or similar using only 
apparatus operated with only cellulose acetate films not tate^mms'*''^ 
more than one inch and one fourth in width and using only 
an enclosed incandescent lamp. 
Section 2. This act shall take effect upon its passage. 

Approved April 16, 1915. 



An Act to extend the time within which the new^ Chan 170 

buildings at the GRAFTON COLONY OF THE WORCESTER 
state asylum SHALL BE COMPLETED. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter six hundred and 1912, 679, §2, 

^ . 1111 etc., amended. 

seventy-nme of the acts 01 the year nmeteen hundred and 
twelve, as amended by chapter four hundred and fifty-six 
of the acts of the year nineteen hundred and fourteen, is 
hereby further amended by striking out the word "sixteen", 
in the third line, and inserting in place thereof the word : — ■ 
seventeen, — so as to read as follows: — Section 2. The Time extended 
said buildings shall be completed and ready for occupation oTneTbilid"-" 
not later than January first, nineteen hundred and seven oSft'on* colony 
teen; and upon the completion and equipment thereof, the ^^J\l^^°^'^^'^' 
trustees shall cause to be transferred from the said Worcester asylum. 
state asylum to the said buildings at the Grafton colony 
patients to the number of four hundred. 

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

Approved April 16, 1015. 



154 



General Acts, 1915. — Chaps. 171, 172. 



Cities and 
towns may 
purchase arse- 
nate of lead 
to suppress 
insect pests. 



Chap. 171 An Act to authorize cities and to-vs-ns to purchase 

ARSENATE OF LEAD FOR THE PURPOSE OF SUPPRESSING 
INSECT PESTS. 

Be it enacted, etc., as ]ollows: 

Section 1. For the purpose of assisting in the ex- 
termination of insect pests the city forester, local moth 
superintendent or tree warden in any city or town may 
obtain from the state forester, at the cost thereof, arsenate 
of lead. Material purchased under the provisions hereof 
shall be used only for the suppression of gypsy and brown 
tail moths, the tent caterpillar, leopard moth and elm beetle, 
and only upon lands owned or controlled by the city or town. 
The cost of said material shall be certified by the state 
forester to the treasurer of the commonwealth, and shall be 
collected by him as an additional state tax upon the city 
or town making such purchase. 

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

Apjoroved April 16, 1D15. 



Chap. 172 An Act relative to the cost of operating the plum 

island bridge. 



Be it enacted, etc., as joUows: 



1905, 404, § 6, 
amended. 



Section six of chapter four hundred and four of the acts 
of the year nineteen hundred and five is hereby amended by 
adding at the end thereof the words:- — The salary of a 
drawtender or drawtenders, the installation, repair and 
maintenance of suitable mechanism and apparatus for 
furnishing power to open and close the draw, the purchase of 
power and supplies for such mechanism and apparatus, and 
the repairing and furnishing of the drawtender's house shall 
be included in the term "operating", as used herein, ^ — so 
as to read as follows : — Section 6. After said taking the 
aHng°the'prum cost of lighting aud operating the drawbridge in said high- 
way shall be borne and paid by said county and by such 
municipalities as the county commissioners of said county 
may, after due notice and a hearing, determine to derive 
special benefit from the said drawbridge: provided, however, 
that not less than forty per cent of the said cost shall be 
borne and paid by the said county. The salary of a draw- 
tender or drawtenders, the installation, repair and mainte- 
nance of suitable mechanism and apparatus for furnishing 



Payment of 



island bridge. 



Proviso. 



General Acts, 1915. — Chaps. 173, 174. 155 

power to open and close the draw, the purcliase of power 
and supplies for such mechanism and apparatus, and the 
repairing and furnishing of the drawtender's house shall be 
included in the term "operating", as used herein. 

Approved April 16, 1915. 

An Act relative to the reconstruction and ^mainte- QfiQj) 173 

NANCE OF CERTAIN BRIDGES IN THE COUNTY OF DUKES 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The highway bridge between Edgartown certain bridges 
and Oak Bluffs, known as the Sengekontacket bridge, in counV'^to be 
the county of Dukes County shall be rebuilt by the towns ^^^^^^^' ^**=- 
of Edgartown and Oak Bluffs with such allotment as the 
Massachusetts highway commission may appropriate from 
its regular appropriation, and after the said Sengekontacket 
bridge shall be rebuilt to the satisfaction of the highway com- 
mission it shall, together with the highway bridge between 
Oak Bluffs and Vineyard Haven, known as the Lagoon 
bridge, be under the control and jurisdiction of the county 
commissioners of the county of Dukes County, and the 
said county, excluding the town of Gosnold, shall thereafter 
pay the expense of the care and maintenance of both said 
bridges. 

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

Approved April 16, 1915. 

An Act relative to the temporary care in certain Chav-174: 
institutions of persons suffering from mental de- 
rangement. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three hundred and ninety-five of l^^ll'Ji^^ 
the acts of the year nineteen hundred and eleven is hereby 
amended by striking out the word "seven", in the seventh 
line, and also in the thirty-first line, and inserting in place 
thereof, in each instance, the word : — ten, — so as to read 
as follows: — The superintendent or manager of any hospital fJII^fen^sor 
for the insane, public or private, may, when requested by a "liinaccrs of 
physician, by a member of the board of health or a police pitais, to re- 

/r> e ' , J 1 j_ i> ii • j_'±_ i* ceive and care 

omcer or a city or town, by an agent or the institutions for persons 
registration department of the city of Boston, or by a member nifnt""de-°™ 
of the district police, receive and care for in such hospital rangoment. 



156 



General Acts, 1915. — Chap. 175. 



Examination 
of patients. 



Payment of 
expenses. 



as a patient, for a period not exceeding ten days, any person 
who needs immediate care and treatment because of mental 
derangement other than deHrium tremens or drunkenness. 
Such request for admission of a patient shall be put in 
writing and filed at the hospital at the time of his reception, 
or within twenty-four hours thereafter, together with a 
statement in a form prescribed or approved by the state 
board of insanity, giving such information as said board may 
deem appropriate. Such patient who is deemed by the 
superintendent or manager not suitable for such care shall, 
upon the request of the superintendent or manager, be re- 
moved forthwith from the hospital by the person requesting 
his reception, and, if he is not so removed, such person shall 
be liable for all reasonable expenses incurred under the pro- 
visions of this act on account of the patient which may be 
recovered by the hospital in an action of contract. The 
superintendent or manager shall cause every such patient 
either to be examined by two physicians, qualified as pro- 
vided in section thirty-two of chapter five hundred and four 
of the acts of the year nineteen hundred and nine, who shall 
cause application to be made for his admission or commit- 
ment to such hospital or, provided he does not sign a request 
to remain under the provisions of section forty-five of said 
chapter five hundred and four, to be removed therefrom 
before the expiration of said period of ten days. Reasonable 
expenses incurred for the examination of the patient and his 
transportation to the hospital shall be allowed, certified and 
paid as provided by section forty-nine of said chapter five 
hundred and four, as amended by chapter four hundred and 
twenty of the acts of the year nineteen hundred and ten, 
for the allowance, certification and payment of the expenses 
of examination and commitment. 

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

Approved April IG, 1915. 



ChapA75 An Act to make the proceedings of the annual en- 
campment OF THE DEPARTMENT OF MASSACHUSETTS, 
UNITED SPANISH WAR VETERANS, A PART OF THE RECORDS 
OF THE COMMONWEALTH AND TO PROVIDE FOR PRINTING 
AND DISTRIBUTING THE SAME. 

Be it enacted, etc., as follows: 

rhrfmliTaf"^ Section 1. The secretary of the commonwealth shall 
encampment anuually procure a copy of the proceedings of the annual 



General Acts, 1915. — Chap. 176. 157 

encampment of the Department of INIassachusetts, United MaS^u^s'w.v., 
Spanish War Veterans, with the general orders, special kep^^°p*rt 
orders, circulars and other papers forming part thereof and ^^g^"^™'"^"";^^ 
cause the same to be kept as part of the records of the com- 
monwealth. 

Section 2. The secretary shall annually cause copies Secretary to 
thereof to be printed and bound; and shall cause one copy certain insti- 
to be sent to each city library, town library, and camp of *"'^'°'i^' ^*°- 
Spanish war veterans in the commonwealth, and the other 
copies shall be distributed in the same manner as the annual 
report of the secretary of the commonwealth. 

Approved April 16, 1915. 



An Act reLxVtive to signs, awnings and other pro- (jfidj) xyg 

JECTIONS IN PUBLIC WAYS. 

Be it enacted, etc., as follouis: 

Section 1. The municipal officer, board, commission or Cities and 
other municipal authority having charge of the laying out sra^per^mits 
of public ways in cities and towns, is hereby authorized iwnings%tc. 
to grant permits and fix the fees therefor, not exceeding one 
dollar for any one permit, for the placing and maintaining of 
signs, advertising devices, clocks, marquees, permanent 
awnings and other like structures projecting into, or placed 
on or over the public highways, and to make rules and 
regulations relating thereto, and to prescribe the penalties 
for a breach of any such rules and regulations, not exceeding 
five dollars for each day during which any sign, advertising 
device, clock, marquee, permanent awning or other structure 
is placed or maintained contrary to the rules and regulations 
so made, after five days' notice to remove the same has been 
given by the said officer, board, commission or other au- 
thority, or by a police officer of the city or town. 

Section 2. All signs, advertising devices, clocks, mar- Regulation, 
quees, permanent awnings and other like structures for ^**'' 
which permits shall be granted after the passage of this act, 
shall be constructed, and, Avhen attached to a building, shall 
be connected therewith in accordance with the reciuirements 
of the inspector of buildings, building commissioner or other 
officer, board or commission having like authority in the city 
or town. 

Section 3. This act shall not apply to signs or other Not to apply 
structures projecting into or over the highway a distance signs, etc. 



158 



General Acts, 1915. — Chap. 177. 



Repeals. 



Time of taking 
effect. 



of less than six inches, nor to poles, wires, conduits, and 
appurtenances of steam railroad, street railway, telegraph 
and telephone, water, gas, electric light, heat and power 
companies. 

Section 4. Chapters six hundred and thirty-two and 
six hundred and eighty of the acts of the year nineteen hun- 
dred and thirteen and all other acts or parts of acts incon- 
sistent herewith are hereby repealed; but such repeal shall 
not affect any permit already granted under the provisions 
of such acts. 

Section 5. This act shall take effect three months 
after its passage. Ajyproved Aiyril 19, 1015. 



Chap.177 An Act relative to the improvement and repair of 

HIGHWAYS BY THE LABOR OF PRISONERS. 



1913, 633, 5 2, 
etc., amended. 



Counties may 
improve and 
repair high- 
way with 
prison labor. 



Be it enacted, etc., as follows: 

Section two of chapter six hundred and thirty-three of 
the acts of the year nineteen hundred and thirteen, as 
amended by chapter one hundred and eighty of the acts of 
the year nineteen hundred and fourteen, is hereby further 
amended by inserting after the word "the", in the seventh 
line, the words: — Massachusetts highway commission or 
with the, — so as to read as follows: — Section 2. The 
county commissioners of any county may purchase or lease 
land with funds specifically appropriated therefor by the 
general court for the purpose of improving and cultivating 
it by the labor of prisoners from a jail or house of correction ; 
and the said commissioners may also make arrangements 
with the Massachusetts highway commission or with the 
officials of a city or town to work said prisoners on any high- 
way or unimproved land, or Avith a private owner, to im- 
prove waste or unused land by means of such prison labor. 
When prisoners are so employed they shall be in the custody 
of the sheriff of the county. When land that is not the 
property of the county, or is a highway, is so improved, the 
owners thereof or those having in charge the highway shall 
pay to the county such sums as may be agreed upon between 
the county commissioners, sheriff, and the other parties in 
interest, for the labor of any prisoners employed thereon. 

Ayyroud April 19, 1915. 



General Acts, 1915. — Chap. 178. 159 



An Act to provide for the orcxAnization of mutual Chap. 17 8 

COMPANIES to insure STEAM BOILERS AND FLY WHEELS. 

Be it enacted, etc., as follows: 

Section 1. Ten or more persons who are residents of o"n"Xa1*'°" 
this commonwealth may form an insurance company on ?°™Pp g|||^° 
tlie mutual plan to insure anv person, firm or corporation boilers and 

,1 "^ PI iii"y wheels. 

agamst loss or damage to property oi the assured and loss 
or damage to the life, person or property of another, for 
which the assured is liable, caused by the explosion of steam 
boilers, tanks, or other receptacles under pressure, or their 
connections, or by the lireakage or rupture of machinery or 
fly wheels; or against loss of use and occupancy caused 
thereby. The corporation shall be formed in the manner 
described in, and be subject to, the provisions of sections 
fifteen to twenty, inclusi\'e, of chapter one hundred and ten 
of the Revised Laws except as is otherwise provided herein. 
Mutual companies doing business and organized, prior to 
]\Iarch first, nineteen himdred and fifteen, to transact steam 
boiler insurance may have and exercise all the rights and 
powers conferred by this section upon companies which may 
be organized hereunder. 

Section 2. A corporation formed as aforesaid shall be General law-s 
sul)ject to all general laws now or hereafter in force applicable 
to domestic insurance companies, and, except as is other- 
wise provided herein, to all general laws now or hereafter in 
force applicable to mutual fire insurance companies. 

Section 3. No policy shall be issued by a corporation Restrictions. 
formed as aforesaid, until insurance has been applied for 
to the amount of one million dollars upon not less than one 
hundred separate risks, or until such corporation has made 
arrangements for its protection in the case of an excessive 
loss caused by any one disaster. Such protection may be 
afforded to a corporation formed as aforesaid, or to any ex- 
isting mutual steam boiler insurance company, by any 
company authorized to write the same class of insurance 
in this commonwealth, or by an insurer not authorized to 
transact insurance business in Massachusetts in cases where 
re-insurance in authorized companies cannot be secured at 
reasonable rates; but, if re-insurance is obtained from an 
insurer not authorized to transact business in Massachusetts, 



160 



General Acts, 1915. — Chaps. 179, 180. 



any such arrangement shall be in writing and shall be subject 
to the approval of the insurance commissioner. 
Section 4. This act shall take effect upon its passage. 

Approved April 19, 1915. 



Chap.l7Q An Act relative to the recovery of damages wtien 

DEATH IS CAUSED BY THE NEGLIGENCE OF THE EM- 
PLOYER. 

Be it enacted, etc., as folhws: 

Section one hundred and twenty-eight of chapter five 
hundred and fourteen of the acts of the year nineteen hun- 
dred and nine is hereby amended by inserting after the word 
"section", in the second line, the words: — or an injurv' 
caused by the negligence of the employer himself, — so as 
to read as follows: — Section 128. If the injury described 
in the preceding section, or an injury caused by the negligence 
of the employer himself, results in the death of the employee, 
and such death is not instantaneous or is preceded by con- 
scious suffering, and if there is any person who would have 
been entitled to bring an action under the provisions of the 
following section, the legal representatives of said employee 
may, in the action brought under the provisions of the 
preceding section, recover damages for the death in addition 
to those for the injury; and in the same action, under a 
separate count at common law, may recover damages for 
conscious suffering resulting from the same injury. 

Approved April 19, 1915. 



1909, 514, § 128, 
amended. 



Recovery of 
damages in 
certain cases 
when death is 
caused by the 
neghgence of 
the employer. 



C/iap. 180 An Act relative to the use of enclosures and to pro- 
hibit IMMORAL CONDUCT IN RESTAURANTS AND OTHER 
PLACES WHERE FOOD OR DRINK IS SOLD. 

Be it enacted, etc., as foUoivs: 

Section 1. It shall be unlawful for any person owning, 
managing or controlling a cafe, restaurant, saloon or other 
place in any city or town, where food or drink is sold to the 
public to be consumed upon the premises, and for any 
person employed by such person, to provitle, maintain, use 
or permit the use of booths, stalls or enclosures of any de- 
scription whatever which are so closed by curtains, screens 
or other devices that the persons within cannot at any time 
plainly be seen by other persons in such cafe, restaurant, 



Use of certain 
enclosures in 
restaurants, 
etc., pro- 
hibited. 



General Acts, 1915. — Chap. 181. 161 

saloon or other place, or in any division thereof unless 
the enclosure is approved by the licensing authorities. 

Section 2. Any person violating the provisions of the Penalty for 
preceding section shall be punished by a fine of not less than p*'™'"*"^ "^*'- 
fifty nor more than five hundred dollars, or by imprisonment 
for not more than two months, or by both such fine and 
imprisonment. 

Section 3. Whoever for the purpose of immoral solicita- Penalty for 
tion or immoral bargaining, shall resort to any cafe, restau- immoral pur- 
rant, saloon or other place where food or drink is sold or ^^^^' 
served to be consumed upon the premises, and whoever shall 
resort to any such place for the purpose of, in any manner, 
inducing another person to engage in immoral conduct, 
and whoever being in or about any such place shall engage 
in any such acts, shall be punished by a fine of not less than 
twenty-five nor more than five hundred dollars, or by im- 
prisonment for not more than one year, or by both such fine 
and imprisonment. 

Section 4. The clerk of the court in which any person Copy of record 
is convicted of a violation of any of the provisions of this to be sent to 
act shall forthwith send a copy of the record of such etc."^'"^° '^'"^' 
conviction to the officer or board issuing any license or 
licenses under which the place where the offence was com- 
mitted is conducted. 

Section 5. Innholders' licenses issued under chapter To apply to 
one hundred and two of the Revised Laws and amendments 
thereof shall be expressed to be subject to the provisions of 
this act. 

Section G. This act shall take effect on the first day of T|me of taking 
July, nineteen hundred and fifteen. 

Aypromd April 19, 1915. 

An Act relative to the issuing of policies by mutual (7/ia».181 
liability insurance companies. 

Be it enacted, etc., as follows: 

Chapter two hundred and fifty-one of the acts of the i9ii, 251, § 3. 
year nineteen hundred and eleven is hereby amended by ''™^" 
striking out section three and inserting in place thereof the 
following: — Section 3. No policy shall be issued by a issuing of poii- 
corporation formed as aforesaid until there has been secured n'abiiity'^nsur^- 

u^ jj. ance companies. 

(1) Applications for insurance the premiums for which 
shall be not less than fifty thousand dollars, or 



162 General Acts, 1915. — Chap. 181. 

Restrictiona. (2) Applications by not less than one hmulred employers 

having not less than ten thousand employees, or 

(3) Applications by not less than fifty employers having 
not less than five thousand employees, each of such employers 
having become obligated by the by-laws of the corporation 
for an amount not less than five times his cash premium, 
which may be called for as the necessities of the corporation 
to pay its losses and expenses may, in the judgment of its 
directors, require, or 

(4) Applications by not less than fifty employers haA'ing 
not less than five thousand employees, accompanied by a 
bond for one hundred thousand dollars running to the com- 
monwealth made by a surety company authorized to transact 
business therein and conditioned to assume and discharge all 
the obligations of the statutes applicable thereto upon the 
failure of the said corporation to perform and discharge the 
same, 

(5) Applications by not less than fifty employers having 
not less than five thousand employees, accompanied by a 
fund of fifty thousand dollars to be deposited with a trustee 
for the purpose of settling due and unpaid obligations of the 
corporation which fund, if drawn upon, shall be reimbursed 
by the employers in proportion to their several premiums; 
nor, whichever of the five options above stated has been 
selected, until such corporation has made arrangements for 
its protection from extraordinary losses caused by disaster. 
Such protection may be afforded to a corporation as afore- 
said, or to any existing mutual liability insurance company 
or association, by a company not authorized to transact an 
insurance business in Massachusetts in cases where re- 
insurance in authorized companies cannot be secured at 
reasonable rates or for any other reason satisfactory to the 
insurance commissioner, but any such arrangement for re- 
insurance must first be approved in writing by the insurance 
commissioner; nor shall any such policy be issued until 
a list of the subscribers for such insurance, with such other 
information as the insurance commissioner may require, 
shall have been filed in his department, nor until the president 
and secretary of the company shall have certified under oath 
that every subscription for insurance in the list so filed is 
genuine and made with an agreement with every subscriber 
that he will take the insurance subscribed for by him \\'ithin 
thirty days after the granting by the insurance commissioner 
of a license to issue policies. If the said officers shall take 



General Acts, 1915. — Chap. 182. 163 

a false oath relative to the said certificate, they shall be 
guilty of perjury. Upon the filing of such applications 
with the insurance commissioner, he may make such in- 
vestigation as he deems proper and, if his findings warrant 
it, he may grant a license to such company to issue policies. 

No such corporation which has at any time upon its Restrictions, 
books less insurance than the minimum amount required 
for one of the above options which it has selected as a basis 
for beginning business, shall make any further insurance 
until it has secured applications for policies which will 
restore the original condition in respect to the number and 
amount of applications, said applications to be subject to 
the same provisions of this section as apply to the sub- 
scriptions for a new insurance company, nor shall it make 
any further insurance if the security required by paragraphs 
(4) and (5) of this section becomes impaired until such im- 
pairment is made good. 

The liability of any policy holder to pay his proportional policy ifoider. 
part of any assessments which may be laid by the company, 
in accordance with law and his contract, on account of losses 
and expenses incurred while he was a member, shall continue 
so long as there are outstanding any obligations incurred 
while he was such member. Ayproved April 19, 1915. 

An Act to authorize fire districts, improvement Chap. 182 

DISTRICTS, WATCH DISTRICTS AND W^ATER DISTRICTS TO 
USE OFFICIAL BALLOTS IN DISTRICT ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Fire districts, improvement districts, watch Fire, improve- 
districts and water districts, situated in towns in which ^T water dis- 
official ballots are used, may use official ballots at their lowns maTuse" 
meetings for the election of officers. The provisions of the °^'''''^^ baiiots, 
general laws relating to the nominations of candidates for 
offices to be filled at town elections and to elections of town 
officers in towns in which official ballots are used shall apply 
to the nominations for offices and to elections of officers in 
said districts so far as they are appropriate. 

Section 2. Everv nomination paper of a candidate for ^'''"s of nomi- 

(f • -IT • "^ 1 11 1 p 1 • fill 1 • nation papers. 

office in said districts shall, before being filed, be submitted, 
on or before five o'clock in the afternoon of the Saturday 
preceding the day on which it must be filed, to the registrars 
of voters of the town in which the district is situated, who 
shall forthwith certify thereon the number of signatures 



164 



General Acts, 1915. — Chap. 182. 



Duties of 

prudential 

committee. 



Town to fur- 
nish ballot box, 
etc. 



Blank forms, 
tally and total 
vote sheets, 
etc. 



Time of hold- 
ing meetings. 



Proviso. 



To apply 
to certain 
districts. 



Time of taking 
effect. 



which are names of voters quaUfied to vote in the district. 
All nomination papers and certiiicates of nomination shall 
be filed with the clerk of the district within the time allowed 
by the general laws relating to filing nomination papers 
and certificates of nomination with the town clerk in town 
elections. In a district composed of parts of two or more 
towns the prudential committee of the district shall act as 
registrars of voters for the purpose of certifying the signa- 
tures on nomination papers. 

Section 3. For the purpose of carrying out the pro- 
visions of this act, the prudential committee of said dis- 
tricts shall perform all the duties required to be performed 
by the selectmen in town elections where official ballots are 
used, and the clerks of said districts shall perform all the 
duties required to be performed by the town clerk in elections 
of town officers where official ballots are used. 

Section 4. The town in which a district is situated 
shall furnish said district with an official ballot box and 
other necessary election paraphernalia when they are re- 
quired for use in elections in that district, but all expense 
incurred in any election in the district shall be borne by the 
district. In districts composed of parts of two or more 
towns the ballot box and election paraphernalia shall be 
furnished by the town in which the election is actually 
held. 

Section 5. Upon the request of the clerk of a town 
wherein any such district uses the official ballot, the secretary 
of the commonwealth shall supply for use of such district 
or districts such blank forms, tally sheets and total vote 
sheets as are supplied to towns for use in town elections. 

Section 6. Said districts may hold the meeting for 
the election of officers and the business meeting on the 
same day, or they may hold the election and the business 
meeting on different days. The election and business meet- 
ing may be held in the evening: promdcd, that the polls shall 
be kept open for the election of officers at least two hours. 

Section 7. This act shall apply to the North Easton 
Village District, situated in the town of Easton, upon its 
passage, and shall take effect in other districts when its 
provisions have been accepted by such districts, either at an 
annual meeting or at a meeting held for that purpose. 

Section 8. Except as is above provided, this act shall 
take effect upon its passage. Approved April 19, 1915. 



General Acts, 1915. — Chap. 183. 165 



An Act to secure prompt payment of workmen's Qjidj) ^83 

COMPENSATION BENEFITS WHEN A FOREIGN INSURANCE 
COMPANY WITHDRAWS FROM THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Every foreign insurance company trans- Payment of 
acting the business of workmen's compensation insurance TOmp?ns"ation 
in this commonwealth shall within five days after its with- a'fOTdgn^insur- 
drawal from the transaction of business herein, or after the ance company 

, p'l- • 111' • withdraws from 

revocation oi its license issued by the insurance commis- thecommon- 
sioner or of his refusal to renew the same, deposit with a 
trustee to be named by the industrial accident board an 
amount equal to twenty-five per cent of its obligations, 
incurred or to be incurred, under workmen's compensation 
policies issued to employers in this commonwealth, and 
within thirty days after such withdrawal, revocation of 
license or refusal to renew a license, such company shall 
deposit with said trustee an amount equal to the remainder 
of such obligations, incurred or to be incurred, the amount 
of which obligations shall be determined by the industrial 
accident board. The amounts so deposited shall be available 
for the payment of the said obligations of the company to 
the same extent as if the company had continued to transact 
business in this commonwealth, and it shall be the duty of 
the trustee so receiving said deposits to pay such obligations 
of the retiring company at the times and in a manner satis- 
factory to the industrial accident board. 

Section 2. Every such foreign insurance company shall, boncT'"^'^ 
within sixty days after the passage of this act, furnish a bond 
running to the commonwealth, with some surety company 
authorized to transact business in this commonwealth as 
surety, for such amount and in such form and with such 
surety as may be approved by the insurance commissioner, 
the bond being conditioned upon the making by said com- 
pany of the deposits required by section one of this act. 
In place of the said bond the company may furnish other 
security, satisfactory to the insurance commissioner, that 
said deposits will so be made. 

Section 3. This act shall take effect upon its passage. 

Approved April 19, 1915. 



166 



General Acts, 1915. — Chaps. 184, 185. 



R. L. 225, § 81 
amended. 



Transfer of in- 
firm prisoners. 



R. L. 173, § 120, 
amended. 



Judge may 
enter verdict 
in certain 



Chap. 184: An Act relative to the transfer of infirm prisoners. 

Be it enacted, etc., as follows: 

Chapter two hundred and twenty-five of the Revised 
Laws is hereby amended by striking out section eighty-one 
and inserting in place thereof the following : — Section 81 . 
They may, with the consent of the governor and council, 
remove to the state farm a prisoner in the state prison who 
is aged or who is infirm in body or mind, and may at any 
time return him to the state prison. 

Approved April 19, 1915. 

Chap. 185 An Act to amend judicial procedure in respect to 

practice at trials. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-three of 
the Revised Laws is hereby amended by striking out section 
one hundred and twenty and inserting in place thereof the 
following : — Section 120. When exceptions to any ruling 
or direction of a judge shall be alleged, or any question 
of law shall be reserved, in the course of a trial by jury, and 
the circumstances shall be such that, if the ruling or direction 
at the trial was wrong, the verdict or finding ought to have 
been entered for a different party or for larger or smaller 
damages or otherwise than as was done at the trial, the 
judge may reserve leave, with the assent of the jury, so to 
enter the verdict or finding, if upon the question or questions 
of law so raised the court shall decide that it ought to have 
been so entered. The leave reserved, as well as the findings 
of the jury upon any particular questions of fact that may 
have been submitted to them, shall be entered in the record 
of the proceedings, and if upon the question or questions of 
law it shall be decided, either by the same court or by the 
appellate court, that the verdict or finding ought to have 
been entered in accordance with the leave reserved, it shall 
be entered accordingly and, when so entered, it shall have 
the same effect as if it had been entered at the trial. 

Section 2. Nothing herein contained shall be so con- 
strued as to limit the powers of the court conferred by 
chapter two hundred and thirty-six of the acts of the year 
nineteen hundred and nine or by chapter seven hundred and 
sixteen of the acts of the year nineteen hundred and thirteen. 

Approved April 19, 1915. 



Not to apply 
to courts in 
certain cases. 



General Acts, 1915. — Chaps. 186, 187. 167 



An Act relative to the salaries of certain persons Chap. 186 

EMPLOYED BY THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The elevator men employed by the county compensation 
of Suffolk in the court house of the said county shall hereafter men em^pioyed 
receive a salary of seven hundred and ciohty dollars a year, c"u^"ty°court 
payable in weekly instalments. ''""'*'' 

Section 2. This act shall take effect upon its approval ^"tteVto city 
by the mayor and city council of the city of Boston. council, etc. 

Aj^proved April 19, 1915. 



An Act relative to the sale and distribution of Chap. 181 

NARCOTIC DRUGS. 

Be it enacted, etc., as follows: 

Section 1 . It shall be unlawful for any person, firm or Certain drugs 

,. , IIP'!' i"i' 1 not to be sold, 

corporation to sell, lurnish, give away or dehver coca leaves given away, 
or any cocaine or any alpha or beta cucaine or any synthetic upon^a wntten 
substitute for them, or any salts, compound or derivative sCTiptionrf^' 
thereof, except decocainized coca leaves and preparations ''"'■t^'" persona. 
thereof, or any opium, morphine, heroin,* codeine or any 
preparation thereof, or any salt, compound or derivative of 
the same, except upon the written order of a manufacturer 
or jobber in drugs, wholesale druggist, registered pharmacist 
actively engaged in business as such, physician, dentist, 
veterinarian, registered under the laws of the state in which 
he resides, or an incorporated hospital, college or scientific 
institution through its superintendent or official in immediate 
charge, or upon the written prescription of a physician, 
dentist or veterinarian, registered under the laws of the 
state in which he resides, bearing the date when signed, his 
office address, the registry number given him under public 
act two hundred and twenty-three of the sixty-third congress, 
approved December seventeenth, nineteen hundred and 
fourteen, the legal signature of the physician, dentist or 
veterinarian giving it, the name and address of the patient 
for whom prescribed, which prescription, when filled, shall 
show the date of filling and shall be retained on file by the 
druggist filling it for a period of at least two years. The Prescription 
prescription shall not again be filled, nor shall a copy of the Hfied" ''^^'*'" 
same be made, except for the ])urpose of record by the 
druggist filling the same, and it shall at all times be open to 



168 General Acts, 1915. — Chap. 187. 

inspection by the officers of the state department of health, 
the board of registration in pharmacy, the board of regis- 
tration in medicine and the authorized agents of said de- 
partment and boards, and by the police authorities and poHce 
Provisos. officers of cities and towns: provided, hotcever, that the pro- 

visions of this act shall not apply to prescriptions nor to the 
sale, distribution, giving away or dispensing or possession of 
preparations or remedies, if such prescriptions, preparations 
and remedies do not contain more than two grains of opium 
or more than one quarter of a grain of morphine, or more 
than one eighth of a grain of heroin or more than one grain 
of codeine, or any salt, compound or derivative of any of 
them in one fluid ounce, or, if a solid or semi-solid prepara- 
tion, in the avoirdupois ounce; nor to liniments, ointments 
or other preparations which are prepared for external use 
only, except liniments, ointments and other preparations 
which contain cocaine or any of its salts or alpha or beta 
eucaine or any of their salts or derivatives, or any synthetic 
substitute for them; provided, that such preparations, rem- 
edies or prescriptions are sold, distributed, given away or 
dispensed or in possession in good faith as medicines and 
not for the purpose of evading the provisions of this act, 
and provided, further, that the possession of any of the drugs 
mentioned in this act, except prescriptions and preparations 
or remedies especially exempted in this section, by any one 
not being a manufacturer or jobber of drugs, or wholesale 
druggist, registered pharmacist actively engaged in business 
as such, or a physician, dentist or veterinarian, registered 
under the laws of the state in which he resides, or superin- 
tendent or official in charge of an incorporated hospital, 
college or scientific institution shall be presumptive evidence 
Provisions not that sucli posscssiou was a violation of this act. The pro- 
certain persons, visious of this scctiou shall not apply to persons having in 
their possession any of the above mentioned articles bj^ 
virtue of a legal prescription therefor, nor shall the provisions 
of this act apply to decocainized coca leaves or preparations 
made therefrom or to other preparations of coca leaves which 
do not contain cocaine. 
IotTo"^Scribe Section 2. It shall be unlawful for any practitioner of 
b°'ing"!"*" veterinary medicine or surgery to prescribe any of the drugs 
mentioned in section one of this act for the use of a human 
being, and it shall be unlawful for any physician or dentist 
to prescribe, sell, give away or deliver any coca leaves or 
any cocaine or any alpha or beta eucaine or any compound, 



General Acts, 1915. — Chap. 187. 



169 



derivative or synthetic substitute for them, or opium, 
morphine, heroin, codeine or any preparation thereof, or any 
salt, compound or derivative of said substances to any 
person known to such physician or dentist to be an habitual 
user of those drugs, except when the drug is obviously needed 
for therapeutic purposes. 

Section 3, The provisions of this act shall not be con- 
strued to prevent any lawfully authorized practitioner of 
medicine, dentistry, or veterinary medicine from prescribing, 
administering, dispensing or distributing any of the drugs 
mentioned in this act that may be indicated for any patient 
under his care: provided, that such prescribing, administer- 
ing, dispensing, or distributing is not for the purpose of 
evading the provisions of this act; and yromded, furtlier, 
that every physician, dentist or veterinarian shall, within 
twenty-four hours after such administering, dispensing or 
distributing, make a record in a book kept by him solely for 
that purpose of the date, the name and address of the patient 
to whom administered, dispensed or distributed, and the 
quantity and kind of such drug administered, dispensed 
or distributed, and ijrovided, further, that such record shall 
not be required w^here the physician, dentist or veterina- 
rian administers, dispenses or distributes any of the drugs 
mentioned in this act to a patient on whom he personally 
attends. Each page of the book shall be ruled and kept m 
substantially the following form : — 



Habitual users 
of drugs. 



Certain prac- 
titioners, etc., 
not prevented 
from prescrib- 
ing, etc., drugs. 



Provisos. 



Record to be 
kept. 



Form of record. 



Name of Physician or Dentist (sign in full on each page). 



Date. 



Name of Person to whom 
dispensed. 



Address. 



Drugs 
dispensed. 



Amount 
dispensed. 



Provided, hoivever, that any form of record approved or Proviso, 
required by the commissioner of internal revenue under and 
by virtue of public act two hundred and twenty-three of the 
sixty-third congress, approved December seventeenth, nine- 
teen hundred and fourteen, shall be deemed a sufficient 
record to comply with the requirements of this act. This 
record shall be at all times open to inspection by the state 
department of health, the board of registration in pharmacy, 
the board of registration in medicine and the authorized 



170 



General Acts, 1915. — Chap. 187. 



Certain per- 
sons, hospitals, 
colleges, etc., 
may purchase, 
etc. 



Orders for 
drugs op.?n to 
inspection, ttc. 



Duplicate 
copies of record 
to be kept, etc. 



agents of said department and boards, and by the police 
authorities and pohce officers of cities and towns. 

Section 4. Any manufacturer or jobber of drugs, and 
any wholesale druggist and any registered pharmacist 
actively engaged in business as such, any physician, dentist 
or veterinarian registered under the lav/s of the state in 
which he resides may sell coca leaves, cocaine or any alpha 
or beta eucaine or any synthetic substitute for them or any 
preparation containing the same, or any salts, compound or 
derivative thereof, or any opium, morphine, codeine, heroin 
or any preparation thereof, or any salt or compound or 
derivative of such substances, to any manufacturer or 
jobber in drugs, wholesale druggist, registered pharmacist 
actively engaged in business as such, or physician, dentist 
or veterinarian registered under the laws of the state in 
which' he resides, or to any incorporated hospital, college or 
scientific institution, but such substances or preparation, 
excepting such preparations as are included within the 
exemptions set forth in section one, shall be sold only upon 
the written order of an incorporated hospital, college or 
scientific institution, duly signed by its superintendent or 
official in immediate charge, or upon a Avritten order duly 
signed by such manufacturer or jobber in drugs, wholesale 
druggist, registered pharmacist actively engaged in business 
as such, or physician, dentist or veterinarian registered 
under the laws of the state in which he resides, v.hich order 
shall state the article or articles ordered, the quantity 
ordered and the date. The said orders shall be kept on file 
in the laboratory, warehouse, pharmacy or store in which 
they are filled by the proprietor thereof or his successors for 
a period of not less than two years after the date of delivery, 
and shall be at all times open to inspection by the state de- 
partment of health, the board of registration in pharmacy, 
the board of registration in medicine and the authorized 
agents of said department and boards, and by the police 
authorities and police officers of cities and towms. 

Section 5. Any manufacturer or jobber in drugs and 
any wholesale druggist and any registered pharmacist 
actively engaged in business as such, physician, dentist or 
veterinarian registered under the laws of the state in which 
he resides, and any incorporated hospital, college or scientific 
institution through its superintendent or official in immediate 
charge that shall give an order for any of the aforesaid drugs 
in accordance herewith shall preserve a duplicate thereof 



General Acts, 1915. — Chap. 187. 171 

for a period of two years after the date of givins the same, Duplicate 

1 • 1 1 1 1 1 1 • • • 1 1 orders for 

which shall at all times be open to inspection by the state drugs open to 
department of health, members of the board of registration 
in pharmacy, the board of registration in medicine and the 
authorized agents of said department and boards, and by the 
police authorities and police officers of cities and towns. 
The order now or hereafter required by the regulations of 
the commissioner of internal revenue under and by virtue of 
public act number two hundred and twenty-three of the 
sixty-third congress, approved December seventeenth, nine- 
teen hundred and fourteen, shall be deemed to be a sufficient 
order to comply with this and the preceding section. 

Section 6. Any person who, for the purpose of evading Penalty for 

. ,. . J, "" . n . . (• ,1 • j_ 1 II false representa- 

or assisting m the evasion oi any provision or this act shall tion 
falsely represent that he is a physician, dentist or veteri- 
narian, or that he is a manufacturer or jobber in drugs or 
wholesale druggist or pharmacist actively engaged in ]:)usiness 
as such, or that he is superintendent or official in immediate 
charge of an incorporated hospital, college or scientific 
institution, .or a person registered under public act two 
hundred and twenty-three of the sixty-third congress, ap- 
proved December seventeenth, nineteen hundred and four- 
teen, or who, not being an authorized physician, dentist or 
veterinarian, makes or alters a prescription for any of the 
substances above mentioned shall be deemed guilty of a 
violation of this act. 

Section 7. The possession of a federal certificate issued ^dSifc°ert?fi-* 
under and by virtue of public act number two hundred and deneroHn'tlnt 
twenty-three of the sixty-third congress, approved December to ^eii. etc. 
seventeenth, nineteen hundred and fourteen, by any person 
shall be prima facie evidence of an intent to sell, furnish, 
give away or deliver any of the drugs enumerated in this act. 

Section 8. Nothing in this act shall apply to common Not to apply 
carriers engaged in transporting the aforesaid drugs or to any 
employee, acting within the scope of his employment, of 
any person who shall lawfully ])e in possession, for the purpose 
of delivery, of any of the drugs mentioned in this act, or 
to any person who shall deliver any such drug which has 
been prescribed or dispensed by a physician, dentist or 
veterinarian registered under the laws of the state in which 
he resides who has been employed to prescribe for the par- 
ticular patient receiving such drug, or to a nurse under the 
supervision of a physician, dentist or veterinarian having 
possession or control by virtue of his employment or occujja- 



to common 
carriers. 



172 



General Acts, 1915. — Chap. 187. 



Provisions to 
apply to cer- 
tain other 
dru?s. 



Not to apply 
to actions 
pending, etc. 



Penalty. 



tion and not on his own account, or to the possession of any 
of the aforesaid drugs which have been prescribed in good 
faith by a physician, dentist or veterinarian, or to any 
United States, state, county, municipal, district, territorial 
or insular officer or official who has possession of any of said 
drugs by reason of his official duties, or who, as an officer or 
duly appointed agent of any incorporated society for the 
suppression of vice, has the same in his possession for the 
purpose of assisting in the prosecution of violations of this 
act. 

Section 9. The provisions of this act, except those 
sections which require the ordering of the above enumerated 
drugs on an official order blank and the keeping of the same 
on file, and the keeping of the record relative thereto, shall 
apply to cannabis indica and cannabis sativa, except that 
the same shall not apply to prescriptions, preparations or 
remedies which do not contain more than one half grain of 
extract of cannabis indica or more than one half grain of 
extract of cannabis sativa in one fluid ounce, or if a solid or 
semi-solid preparation in the avoirdupois ounce, nor to 
liniments, ointments or other preparations containing canna- 
bis indica and cannabis sativa, which are prepared for ex- 
ternal use only. 

Section 10. The repeal of any law by this act shall 
not aft'ect any action, suit or prosecution pending at the 
time of the repeal for an offence committed, or for the re- 
covery of a penalty, or forfeiture incurred, imder any of the 
laws repealed. 

Section 11. Whoever violates any provision of this act 
shall be deemed guilty of a misdemeanor and shall be punished 
by a fine of not more than one thousand dollars, or by im- 
prisonment in the house of correction or jail for a term not 
exceeding one year, or by both such fine and imprisonment. 

Section 12. Chapters six hundred and ninety-four and 
seven hundred and eighty-eight of the acts of the year nine- 
teen hundred and fourteen, and sections two to six, inclusive, 
of chapter three hundred and eighty-seven of the acts of 
the year nineteen hundred and ten, are hereby repealed. 

Aijproved April 20, 1915. 



General Acts, 1915. — Chaps. 188, 189. 173 



An Act to provide for completing the improvements Chap. ISS 

ON the southerly bank of the CHARLES RIVER AND 
THE CONSTRUCTION OF A DRIVEWAY CONNECTION BETWEEN 
BROOKS STREET IN BRIGHTON AND CHARLESBANK ROAD IN 
NEWTON. 

Be it enacted, etc., as folloivs: 

Section 1. In order to complete the improvements on completion of 
the southerly bank of Charles river basin, authorized by on'thTsS-*' 
chapter five hundred and thirty-nine of the acts of the year chade"rivirl'"' 
nineteen hundred and thirteen, and, in connection therewith, ^tc 
to construct a driveway connection from Brooks street in 
Brighton to Charlesbank road in Newton, the metropolitan 
park commission is hereby authorized to expend the sum 
of thirty-five thousand dollars. 

Section 2. To meet the expenses incurred hereunder, charios River 
the treasurer and receiver general is hereby authorized to 
issue in the name and behalf of the commonwealth bonds 
or scrip to an amount not exceeding thirty-five thousand 
dollars, the same to be an addition to the Charles River 
Basin Loan, provided for by chapter four hundred and 
sixty-five of the acts of the year nineteen hundred and three, 
and acts in addition thereto and in amendment thereof. 
Such bonds or scrip shall be issued in such amounts and 
upon such terms, and shall bear such rate of interest not ex- 
ceeding four per cent per annum, payable semi-annually, 
and shall be paid serially in such amounts and at such times 
within a period not exceeding forty years as shall be de- 
termined by the treasurer and receiver general, with the 
tapproval of the governor and council, to be for the best 
interests of the commonwealth. 

Section 3. This act shall take effect upon its passage. 

Approved Ayril 20, 1915. 

An Act to provide for the establishment and mainte- Chap. 189 
nance of an independent agricultural school in 

the county of NORFOLK. 

Be it enacted, etc., as folloios: 

Section 1. At the next state election there shall be Establishment, 
placed upon the official ballots for the county of Norfolk fn<tepJnd"nt 
the following question : — " Shall the county of Norfolk Xoi'ln^Nor- 
authorize the county commissioners to issue bonds of said ^""^ county. 



174 



General Acts, 1915. — Chap. 189. 



Trustees, ap- 
pointment, 



Issue of bonds. 



Payment of 
loans. 



county to an amount not exceeding seventy-five thousand 
dollars for the purpose of establishing an intlependent agri- 
cultural school?" 

Section 2. If a majority of the voters voting on the 
above question vote in the affirmative, then the establish- 
ment and maintenance of said school shall be provided for 
as follows : — The name of the school shall be Norfolk 
County Agricultural School. The governor, with the ad- 
vice and consent of the council, shall appoint four persons, 
one for the term of one year, one for the term of two years, 
one for the term of three years and one for the term of four 
years, residents of the county, who, together with the county 
commissioners for the county, shall be known as the trustees 
of said school; and it shall be their duty to provide vo- 
cational education of the kinds authorized by section three 
of this act. Said trustees shall serve without compensation 
but shall be reimbursed for their necessary expenses, the 
same to l)e charged and paid on account of maintenance as 
hereafter provided. The said trustees are hereby authorized 
to determine the location of the said school, subject to its 
approval by the board of education, and, subject to approval 
by the said board, to expend an amount not exceeding 
seventy-five thousand dollars in the purchase of real estate, 
alteration or construction of buildings and provision of live 
stock, furnishings and equipment therefor. 

Section 3. To meet the cost of establishing the said 
school, the county commissioners are hereby authorized to 
issue bonds of the county to an amount not exceeding 
seventy -five thousand dollars, said amount to be paid over 
to the trustees upon their requisition by the treasurer of 
the county. Said bonds shall be issued for a term not ex- 
ceeding twenty years, and shall bear interest at a rate not 
exceeding four per cent per annum, payable semi-annually. 
Each authorized issue of bonds or notes shall constitute a 
separate loan. The county commissioners shall by vote, pro- 
vide for the payment of each loan by such annual payments, 
beginning not more than one year after its date, as will ex- 
tinguish each loan within twenty years from its date, and 
in such manner that the amount of principal and interest 
payable in any year, shall not be less than the amount of 
principal payable in any subsequent year. When such a 
vote has been passed, the annual amount required shall, 
without further vote, be assessed according to the provisions 
of law relating to the assessment of county taxes. 



General Acts, 1915. — Chap. 189. 175 

Section 4. The said school shall be maintained by the to be a state- 
trustees as a state-aided vocational school, subject to the ap- tionai school. 
proval of the board of education, in accordance with the 
provisions of chapter four hundred and seventy-one of the 
acts of the year nineteen hundred and eleven, and of any acts 
in amendment thereof or in addition thereto not inconsistent 
with this act. 

Section 5. The said school shall provide instruction in Courses of 
agriculture, and, at such time as may be approved by the 
board of education, in household arts or home-making. 
Short unit courses of instruction may be given both at the 
school and elsewhere in the county. Members of the school 
staff shall investigate farm and market conditions for the 
purpose of advising individuals and organizations with 
reference to better business methods among farmers and 
more satisfactory methods of marketing farm products, 
shall give instruction in the formation of co-operative enter- 
prises, and shall perform any other work calculated to 
promote the agricultural or rural development of the county. 
It shall be the duty of members of the staff to keep in touch 
with, and to bring to their assistance, all agencies in the 
commonwealth or elsewhere that will enable them to utilize 
the latest and best knowledge in the furtherance of their 
work. 

Section 6. Said school may receive and utilize gifts Support of 
considered by said trustees and the board of education to be ^ 
not inconsistent with its purposes, but principally it shall be 
supported as follows : — The treasurer of the county shall 
pay to said trustees upon their requisition such sums, not 
exceeding in the aggregate sixteen thousand dollars, as may 
be required by them for the maintenance of said school 
during the first fiscal year, and the amount so paid shall be 
raised by taxation in the same manner in which the other 
expenses of the county are provided for. Said trustees shall 
annually, after the first year, in consultation with and with 
the approval of the board of education, prepare on or before 
the fifteenth day of December, an estimate of the amount 
required to establish, equip and maintain the said school 
for the ensuing year; and the said amount shall be included 
by the county commissioners of the county in the estimate 
required by section twenty-seven of chapter twenty-one of 
the Revised Laws, as amended, and if the amount so esti- 
mated, or any part thereof, shall be authorized by the general 
court as part of the county tax, the county of Norfolk shall 



176 



General Acts, 1915. — Chap. 189. 



Reduction of 
net cost. 



Reimbursement 
by common- 
wealth. 



Admission of 
pupils. 



Half rate fare 
for pupils 
upon street 
railways. 



Time of 
taking effect. 



raise by taxation the sum so authorized, and it shall be paid 
by the county treasurer to said trustees upon their requisition, 
and shall be expended by them for the purposes for which it 
was authorized. 

Section 7. In order to reduce the net cost to county 
and state of the said school, the trustees shall apply toward 
the expense of maintenance such miscellaneous income as 
receipts from tuition collected on account of non-resident 
pupils in places outside of the county of Norfolk, and receipts 
from the sale of products and from the work of pupils. 

Section 8. Said county shall be reimbursed by the com- 
monwealth for the expenditures made for the maintenance 
of said school in the manner and proportion provided for the 
reimbursement of certain counties, cities and towns by 
chapter four hundred and seventy-one of the acts of the 
year nineteen hundred and eleven and acts in amendment 
thereof or in addition thereto. 

Section 9. Said school, to the extent of the capacity of 
the various courses provided for in accordance with section 
five of this act, shall be free for attendance to residents of 
said county over fourteen and under twenty-five years of 
age; and, to persons residents of the commonwealth over 
seventeen years of age in such numbers and for such in- 
struction as shall be approved by the board of education. 
Any resident over fourteen years of age of a city or town in 
Massachusetts outside of said county which does not main- 
tain a state-aided vocational school offering the type of 
education desired, may be admitted to this school in accord- 
ance with the provisions governing admission of non-resident 
pupils and tuition fees contained in said chapter four hundred 
and seventy-one. 

Section 10. The provisions of chapter five hundred and 
thirty of the acts of the year nineteen hundred and eight, as 
amended by chapter five hundred and sixty-seven of the 
acts of the year nineteen hundred and ten, for half rate fare 
upon street railways shall apply to pupils of the said school. 

Section 11. Section one of this act shall take effect 
upon its passage. The remainder of the act shall take effect 
upon its acceptance by the voters of the county as provided 
in section two. Approved April 21, 1915. 



General Acts, 1915. — Chaps. 190, 191. 177 

An Act relative to the testing of weighing and fhrjj. inn 
measuring devices used in state institutions and ^ * 
departments. 

Be it enacted, etc., as follows: 

The commissioner of weights and measures, or his in- Testing of 
spectors under his direction, shall at least once in every year mefsu"in|'de- 
test all scales, weights and measures used in checking the vices used in 

' p !•• ... state mstitu- 

receipt or disbursement oi supplies m every state institution tions, etc. 

or department, and shall mark the same in accordance with 

the results of such tests. The commissioner shall report in special depu- 

writing his findings to the executive officers of the institution mcnt!''e?c."**' 

or department concerned; and at the request of said officers 

the commissioner of weights and measures shall appoint in 

writing one or more employees, then in the actual service 

of such institution or department, to act as special deputies 

for the purpose of checking the receipt or disbursement of 

supplies. Approved April 21, 1915. 



C/iap.l91 



An Act relative to the supply of gas or electricity 

BY municipal lighting PLANTS TO ADJOINING CITIES OR 
TOWNS. 

Be it enacted, etc., as follows: 

Section 1. The board of gas and electric light com- Municipal 
missioners may, after notice and a public hearing, authorize mayTuppiy"*^ 
a city or town which has acquired a municipal lighting plant trTcityfoter- 
to extend its mains or lines into an adjoining city or town tain adjoining 
for the purpose of distributing and selling gas or electricity 
therein, if such city or town or a private corporation therein 
is not at the time supplying such city or town with gas or 
electricity, as the case may be. Such authorization shall be 
upon such terms and with such limitations and restrictions 
as the board may deem to be in the public interest. A city 
or town so authorized shall thereafter have in such adjoining 
city or town the same rights and privileges, and be subject 
to the same limitations and obligations, as it has within its 
own territorial limits. If the adjoining city or town shall 
vote to establish a gas or electric plant, it shall, under the 
provisions of sections one hundred, one hundred and one, 
and one hundred and two of chapter seven hundred and 
forty-two of the acts of the year nineteen hundred and 
fourteen, purchase the plant and property within its limits 



178 



General Acts, 1915. — Chaps. 192, 193. 



owned by the other city or town, which, within thirty clays 
after demand filed with its clerk, shall file with the clerk of 
the purchasing city or town the schedule required by said 
section one hundred and one, and shall sell the same; and 
thereupon its rights to maintain a gas or electric plant or to 
sell gas or electricity within the limits of the purchasing city 
or town shall cease as to the plant sold. 
Section 2. This act shall take effect upon its passage. 

Approved April 21, 1915. 



ChapAd2 An Act relative to corporations authorized to manu- 
facture, DISTRIBUTE AND SELL GAS AND ELECTRICITY. 



1914, 742, § 52, 
amended. 



Certain cor- 
porations may 
manufacture, 
etc., gas and 
electricity. 



Certificate to 
be filed, etc. 



Be it enacted, etc., as follows: 

Section fifty-two of chapter seven hundred and forty- 
two of the acts of the year nineteen hundred and fourteen 
is hereby amended by inserting before the word "engage", 
in the fifth line, the words: — be empowered thereby to, — 
so as to read as follows : — Section 52. A corporation which 
is subject to the provisions of this act may, by a vote of 
all its stockholders at a meeting duly called for the purpose, 
alter, add to or change the business for the transaction of 
which it was incorporated, but it shall not be empowered 
thereby to engage in any business which is not authorized 
by the provisions of this act, and if a gas company, it shall 
not engage in the business of making or selling electricity 
unless duly authorized to engage therein as provided in 
section fifty-three, and if an electric company, it shall not 
engage in the business of making or selling gas. A certificate 
setting forth such alteration, addition or change, signed and 
sworn to by the president, treasurer and a majority of the 
directors, shall be filed in the office of the secretary of the 
commonwealth. Approved April 21, 1915. 



ChapA9S An Act relative to the powers and duties of the 

PUBLIC service commission. 



1913, 7S4, § 6, 
amended. 



Be it enacted, etc., as follows: 

Section six of chapter seven hundred and eighty-four of 
the acts of the year nineteen hundred and thirteen is hereby 
amended by inserting after the word "commission", in the 
fourth and fifth lines, the words: — provided, however, that 
such hearing may be held or conducted by a single com- 



General Acts, 1915. — Chap. 194. 179 

missioner or less than a quorum of the commission if all 
parties whose appearances have been entered shall file a 
written waiver of the presence of a quorum, — so as to read 
as follows: — Section 6. Three members of the commission Public i^ervice 
shall constitute a quorum. No contested matter upon which q^uoVum/etc. 
a public hearing by said commission is required by law shall 
be heard or decided by less than a quorum of the com- 
mission: lirovided, however, that such hearing may be held Proviso. 
or conducted by a single commissioner or less than a quorum 
of the commission if all parties whose appearances have 
been entered shall file a written waiver of the presence of a 
quorum. So much of section six of chapter seven hundred i^epeai. 
and fifty-five of the acts of the year nineteen hundred and 
eleven, as authorizes a hearing upon a contested matter to 
be held before one commissioner and an order in any such 
matter made by one commissioner to be confirmed by the 
commission with the same effect as an order of the com- 
mission, is hereby repealed. Approved April 21, lOlo. 

An Act to provide for rebuilding the bridge over the ChavA94: 

SHAWSHEEN RIVER AT LORING STREET IN THE CITY OF 
LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of S-ldgo oll'r °^ 
Essex, subject to the provisions of all general laws applicable rh^gf e^tc^'in®"^ 
thereto, are hereby authorized and directed to rebuild the Lawrence.' 
bridge over the Shawsheen river at Loring street in the city 
of Lawrence so that the bridge will be the full width of the 
layout of the highway of which it forms a part. Upon the 
completion of the work, the said commissioners shall file in 
the office of the clerk of courts for the said county a detailed 
statement, certified under their hands, of the actual cost of 
the said construction, and the clerk shall forthwith transmit 
an attested copy thereof to the municipal council of the city 
of Lawrence, to the selectmen of the t(nvn of North Andover, 
and to the Bay State Street Railway Company; and within Expensea, how 
thirty days after the filing of the said statement the city of ^^^^°^ '"''^ 
Lawrence shall pay into the treasury of the said county 
thirty-five per cent, the town of North Andover shall pay 
into the treasury of the county ten per cent and the Bay 
State Street Railway Company shall pay into the treasury 
of the county ten per cent of the actual cost of rebuilding 
the said britlge. 



180 

Expense, etc. 



County of 
Essex Loring 
Street Bridge 
Loan, Act of 
1915. 



Rate of 
interest. 



Sale of securi- 
ties, etc. 



Payment 
of loan. 



General Acts, 1915. — Chap. 195. 

Section 2. The expense of rebuilding the bridge as 
aforesaid shall be borne in the first instance by the county 
of Essex, and for this purpose and for the purpose of paying 
the county's share of the expense, the county commissioners 
are hereby authorized to issue from time to time bonds or 
notes of the county to an amount not exceeding twenty-five 
thousand dollars. The bonds or notes shall bear on their 
face the words, County of Essex Loring Street Bridge Loan, 
Act of 1915; shall be payable by such annual payments, be- 
ginning not more than one year after the date thereof, as 
will extinguish each loan within ten years from its date; 
and the amount of the annual payment of any loan in any 
year shall not be less than the amount of the principal of 
the loan payable in any subsequent year. The said bonds or 
notes shall bear interest at a rate not exceeding four and 
one half per cent per annum, payable semi-annually, and 
they shall be signed by the treasurer of the county and 
countersigned by a majority of the county commissioners. 
The county may sell the said securities at public or private 
sale, upon such terms and conditions as the county com- 
missioners may deem proper, but they shall not be sold for 
less than their par value, and the proceeds of the sale shall 
be used only for the purposes specified herein. 

Section 3. Said county commissioners at the time of 
authorizing said loan shall provide for the payment thereof 
in accordance with the provisions of section two of this act; 
and a sum sufficient to pay the interest as it accrues on the 
bonds or notes issued as aforesaid by the comity, and to 
make such payments on the principal as may be required 
of the county under the provisions of this act, shall be levied 
as a part of the county tax of the county of Essex annually 
thereafter, in the same manner in which other county taxes 
are levied, until the debt incurred by said loan or loans 
is extinguished. 

Section 4. This act shall take effect upon its passage. 

Approved April 21, 1915. 



Chap.lQ5 An Act to make a state highway of the road on the 
province lands in the town of provincetown. 

Be it enacted, etc., as jolloios: 

frth!;"prov1nco Section 1. The Massachusetts highway commission is 
lands in hereby directed to lay out as a state highway the road at 

i rovincetown * cj i 

made a state prcsciit coiistructcd OH tlic proviucc lauds belonging to the 

highway. 



General Acts, 1915. — Chap. 196. 181 

commonwealth and running? from the ocean front to the 
boundary line thereof, too;ether with the highway extending 
from said boundary line to the railroad crossing on Conwell 
street in the town of Provincetown; and said highway, when 
so laid out, shall be maintained in substantially the same 
manner and condition in which it is now maintained. 
Section 2. This act shall take effect upon its passage. 

Approved April 21, 1015. 

An Act to authorize the improvement and construc- (JJkij) \^q 

TION OF concord AVENUE IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as foUoios: 

Section 1. The Massachusetts highway commission is improvement 
hereby authorized and directed, within one year after the tiin oT Concord 
passage of this act, to construct and improve the highway CMnbridge. 
known as Concord avenue in the city of Cambridge from 
Walden street to the Belmont line. Neither said way nor 
any part thereof shall thereby become a state highway; 
but this act shall not be construed as prohibiting the laying 
out and construction of said way or any part thereof as a 
state highway under the laws applicable thereto whenever 
said commission shall deem it expedient so to do. 

Section 2. The cost and expense incurred under au- Common- 
thority of this act shall, in the first instance, be paid by the grft'cost ^^^ 
commonwealth: provided, that the same do not exceed the Proviso, 
sum of thirty-eight thousand dollars; and the treasurer and 
receiver general is hereby authorized and directed to borrow 
upon the credit of the commonwealth such sums of money 
as may be required for the said cost and expense. All money 
so borrowed shall be deposited in the state treasury, and 
the treasurer and receiver general shall pay out the same as 
ordered by said commission, and shall keep a separate 
and accurate account of all sums borrowed and expended, 
including interest. 

Section 3. Upon the completion of the work herein Apportionment 
authorized, the said commission shall file in the office of ° "'^p''"^^- 
the auditor of the commonwealth a detailed statement, certi- 
fied by it, of the actual cost and expense of constructing and 
improving said highway, and such cost and expense, includ- 
ing interest, shall be apportioned as follows: — Thirty-seven 
and one half per cent upon the commonwealth, twenty-five 
per cent upon the county of INIiddlesex, and thirty-seven 
and one half per cent upon the city of Cambridge; and the 



182 



General Acts, 1915. — Chap. 197. 



May issue 
notes or bonds. 



county of Middlesex and the city of Cambridge shall, within 
such time and in such manner as the said commission may 
direct, pay into the treasury of the commonwealth the pro- 
portionate amounts to be paid by them respectively. 

Section 4. The county commissioners of the county of 
Middlesex are hereby authorized to borrow on the credit 
of the county, for a period not exceeding five years, such 
sums as may be necessary to provide for the payment which 
may be required of the county under the provisions of this 
act, and may issue the notes or bonds of the county there- 
for. 

Section 5. This act shall take effect upon its passage. 

Approved April 21, 1915. 



Chap. 197 An Act relative to the retirement system for public 

SCHOOL TEACHERS. 



1913, 852, § 5, 
amended. 



Funds for the 
retirement sys- 
tem for public 
school teachers. 



1913, 832, § 6, 
amended. 



Determination 
of allowances. 



Proviso. 



Be it enacted, etc., as follows: 

Section 1. Section five of chapter eight hundred and 
thirty-two of the acts of the year nineteen hundred and 
thirteen is hereby amended by adding thereto the following 
new paragraph: — (4) Members of the retirement associa- 
tion, established by chapter five hundred and thirty-two 
of the acts of the year nineteen hundred and eleven, as 
amended, who enter the service of the public schools shall 
have the full amount of their contributions, together with 
such interest as shall have been earned thereon, transferred 
by the treasurer of the commonwealth to the annuity fund 
established by paragraph (2) of this section, and these 
amounts shall thereby become a part of their assessments. 

Section 2. Section six of said chapter eight hundred and 
thirty-two is hereby amended by adding thereto the following 
new paragraph: — (7) In determining the retiring allowance 
of a member of the teachers' retirement association who 
prior to the first day of June, nineteen hundred and twelve, 
had been regularly employed by the commonwealth, credit 
shall be given in the manner provided for by paragraph (5) 
of this section, for all such periods of employment rendered 
prior to the first day of June, nineteen hundred and twelve: 
promdcd, however, that this paragraph shall not apply to any 
person becoming a member of the teachers' retirement 
association, after the first day of July, nineteen hundred and 
fifteen, who, at the time of entering the service of the public 
schools, was not a member of the retirement association 



General Acts, 1915. — Chap. 198. 183 

established by chapter five hundred and thirty-two of the 
acts of the year nineteen hundred and eleven. 

Sections. The paragraph headed "A. Refunds. — ion, 532. §6 
(a)" of section six of chapter five hundred and thirty-two of 
the acts of the year nineteen hundred and eleven, as amended 
by chapter five hundred and eighty-two of the acts of the 
year nineteen hundred and fourteen, is hereby further 
amended by inserting in said paragraph, after the word 
"death", the w^ords: — or to enter the service of the public 
schools as defined by paragraph (5) of section one of chapter 
eight hundred and thirty-two of the acts of the year nineteen 
hundred and thirteen, — so that said paragraph will read 
as follows: — (2) A. Refunds. — (o). Should a member of ^^"^f""^^" 
the association cease to be an employee of the commonwealth 
for any cause other than death, or to enter the service of the 
public schools as defined by paragraph (5) of section one of 
chapter eight hundred and thirty-two of the acts of the year 
nineteen hundred and thirteen, before becoming entitled to 
a pension, there shall be refunded to him all the money paid 
in by him under section five, (2) A, with such interest as 
shall have been earned thereon. 

Section 4. This act shall take effect upon its passage. 

Approved April 22, 1015. 



ChapA98 



An Act relative to the retirement syste;m for the 
employees of the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (/) of section one of chapter five ion, 532. §1, 
hundred and thirty-two of the acts of the year nineteen '^ °' ^™^" ^ 
hundred and eleven, as amended by chapter three hundred 
and sixty-three of the acts of the year nineteen hundred and 
tw^elve and by chapter five hundred and sixty-eight of the 
acts of the year nineteen hundred and fourteen, is hereby 
further amended by adding at the end of said paragraph 
the words : — In the case of employees who before entering Prior serv- 
the service of the commonwealth had been regularly em- in connection 
ployed as teachers in public schools, as defined by paragraphs ment^s'^vstlm'^^' 
(4) and (5) of section one of chapter eight hundred and oTthTCom-''^^ 
thirty-two of the acts of the year nineteen hundred and monweaith. 
thirteen, all periods of such employment rendered prior to 
July first, nineteen hundred and fourteen, shall be counted as 
a part of the continuous service for the purposes of this act: 
provided, however, that this clause shall not apply to em- Proviso. 



184 



General Acts, 1915. — Chap. 199. 



1911, 532, § 5, 
amended. 



Transfer of 
certain funds. 



1911, 8.32, § 7, 
amended. 



Payments to 
members with- 
drawing. 



ployees entering the service of the commonwealth after 
July first, nineteen hundred and fourteen, who are not 
members of the teachers' retirement association established 
by said chapter eight hundred and thirty-two. 

Section 2. Paragraph (2) A of section five of said chapter 
five hundred and thirty-two is hereby amended by adding 
at the end thereof the following paragraph : — INIembers of 
the teachers' retirement association, established by chapter 
eight hundred and thirty-two of the acts of the year nineteen 
hundred and thirteen, who enter the service of the com- 
monwealth shall have the full amount of their contributions, 
with interest thereon as determined by the teachers' retire- 
ment board, transferred by the treasurer of the common- 
wealth to the retirement fund established by chapter five 
hundred and thirty-two of the acts of the year nineteen hun- 
dred and eleven, as amended, and these amounts shall thereby 
become a part of their deposits. 

Section 3. Paragraph (1) of section seven of chapter 
eight hundred and thirty-two of the acts of the year nineteen 
hundred and thirteen is hereby amended by inserting after 
the word "schools", in the second line, the words: — except 
for the purpose of entering the service of the commonwealth, 
— so as to read as follows: — (1) Any member of the re- 
tirement association withdrawing from service in the public 
schools, except for the purpose of entering the service of the 
commonwealth, before becoming eligible to retirement shall 
be entitled to receive from the annuity fund all amounts 
contributed as assessments, together with regular interest 
thereon, in the manner hereinafter provided. 

Section 4. This act shall take effect upon its passage. 

Ajyproved Ayril 22, 1015. 



Chap. 199 An Act to provide for the improvement of weymouth 

fore river. 



Improvement 
of Weymouth 
Fore river. 



Be it enacted, etc., as Jolloios: 

Section 1. There shall be paid out of the treasury of the 
commonwealth to the secretary of war of the United States 
the sum of seventy-five thousand dollars as a contribution 
towards the deepening and otherwise improving of the channel 
of Weymouth Fore river, at such time, after the congress 
of the United States has made an appropriation of two 
hundred thousand dollars for this improvement as the 
governor is satisfied that a further sum of twenty-five thou- 



General Acts, 1915. — Chap. 200. 185 

sand dollars has been provided by the city of Quincy and 
the Fore River Ship Building Corporation, and that the 
other conditions of this section have been complied with. 

Section 2. To meet the expenses that may be incurred issue of bonds. 
under the provisions of this act, the treasurer and receiver 
general is hereby authorized, with the approval of the 
governor and council, to issue bonds, scrip or certificates 
of indebtedness, to an amount not exceeding seventy-five 
thousand dollars, for a term not exceeding forty years, to 
be in such form, to bear such rate of interest, and to be issued 
in such amounts, from time to time, as the treasurer and 
receiver general, with the approval of the governor and 
council, may determine. 

Section 3. This act shall take effect upon its passage. 

Approved April 22, 1915. 

An Act relative to the granting of licenses of the nhn'n 200 

SIXTH CLASS for THE SALE OF INTOXICATING LIQUORS. 

Be it enacted, etc., as folloivs: 

Section 1. Section twenty-two of chapter one hundred ^c ^amended"' 
of the Revised Laws, as amended by section two of chapter 
four hundred and ten of the acts of the year nineteen hundred 
and thirteen, is hereby further amended by striking out the 
word "shall", in the fourth line, and inserting in place 
thereof the word : — may, — and by adding at the end of 
said section the words: — Such licensing board, mayor and 
aldermen in cities and selectmen in towns may, in their dis- 
cretion, refuse to grant any and all such licenses, — so as to 
read as follows : — Section 22. No license for the sale of ^^^^^ *"^y 
spirituous or intoxicating liquor, except of the sixth class, refuse to grant 

J .? , ^ . ^ , . ^^ any sixth class 

shall be granted to retail druggists or apothecaries. One or licenses for the 
more licenses of the sixth class may be granted annually eating liquors. 
by the licensing board of cities, or by the mayor and alder- 
men 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 provisions 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 incorporated for 



186 General Acts, 1915. — Chaps. 201, 202. 

the purpose of carrying on the drug business, and who 
conducts in person the business of a store of such corporation, 
shall be considered as actively engaged in business on his 
own account and as qualified to receive a license for such 
store. Such licensing board, mayor and aldermen in cities 
and selectmen in towns may, in their discretion, refuse to 
grant any and all such licenses. 

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

Approved April 22, 1915. 

Chap. 201 An Act to provide an annual license fee for regis- 
tered OPTOMETRISTS. 

Be it enacted, etc., as follows : 

imended.^^' Scctiou fivc of chapter seven hundred of the acts of the 

year nineteen hundred and twelve is hereby amended by 

Annual license adding at tlic cud tlicrcof the following: — Before the first 

tered optom- day of February in each year every registered optometrist 

etrists. '~i\\ix\\ pay to the board an annual license fee of two dollars, 

in default of which the board may revoke the certificate of 

any optometrist so in default, after a hearing as provided by 

section eight; but the payment of the said fee at or before 

the time of hearing, with such additional sum, not exceeding 

* five dollars, as may be fixed by the board, shall remove the 

default. Approved April 22, 1915. 

Chap. 202 An Act to authorize the payment of compensation for 

TRAVEL TO THE PAGES IN THE DEPARTMENT OF THE 
SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows: 
P^y™entj)f Each page in the department of the sergeant-at-arms shall 

pages, etc. rcccivc two dollars for every mile of ordinary travelling 
distance from his place of abofle to the place of the sitting 
of the general court, to be so allowed from the first day of 
January, nineteen hundred and fifteen. 

{The foregoing was laid before the governor on the sixteenth 
day of April, 1915, and after five days it had " the force of a 
law", as prescribed by the constitution, as it was not returned 
by him loith his objections thereto within that time.) 



General Acts, 1915. — Chap. 203. 187 



An Act to provide for a separate examining board (jJiQ'p 203 

FOR naval officers OF THE MILITIA. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and sixty-four of the 1912, 464, §4, 
acts of the year nineteen hundred and twelve is hereby *'"®" ^ ' 
amended by striking out section four and inserting in phice 
thereof the following new section: — Section 4. Except as Separate exam- 
providetl in section three, all examinations as to professional JTavfi officcrs""^ 
and general cjualifications shall be conducted by boards of °^ *^° miutia. 
examiners which shall be detailed by the commander-in- 
chief. The board for examination of national guard officers 
shall consist of eiglit officers in active commission as fol- 
lows: One general officer of the line when one is eligible and 
available, otherwise one colonel of the line; three field 
officers of the line; four captains of the line: ijrovided, that Proviso, 
no officer shall be eligible to serve on said board for more 
than three years in the aggregate in any period of nine 
consecutive years. The board for examination of naval *^"'; *" '^"^ ^'^ 

^ . engineer 

militia officers shall consist of three officers, one of whom officer, 
shall be an engineer officer. Whenever the system of schools 
for the instruction of the militia in professional and technical 
subjects shall be under the supervision of one or more 
academic boards, the commander-in-chief may, in his dis- 
cretion, require such academic board or boards to conduct 
all examinations as to the professional qualifications of 
officers, and to certify to the boards of examiners or to any 
special board of examiners appointed under the provisions 
of section seventy-two of chapter six hundred and four of 
the acts of the year nineteen hundred and eight the pro- 
fessional standing of persons whose competency to hold 
commissioned office in the militia is under investigation. 
The boards of examiners shall administer the oaths pre- 
scribed by section seventy-three of said chapter six hundred 
and four. The board for examination of national guard virion" oTiaw 
officers and the board for examination of naval militia to'^pp'y- 
officers shall each be subject to the provisions of sections 
five, six, seven, eight and nine of this act. 

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

Approved April 2^, 1D15. 



188 



General Acts, 1915. — Chaps. 204, 205. 



Appropriation 
for protection 
of beach and 
shore at Nan- 
tasket beach 
reservation. 



Chap. 204: An Act making an appropriation for the protection 

OF THE BEACH AND SHORE AT THE NANTASKET BEACH 
RESERVATION. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding six thousand dollars is 
hereby appropriated, to be paid out of the MetropoHtan 
Park System, Nantasket, Maintenance Fund, to be expended 
by the metropohtan park commission for the purpose of 
constructing a concrete bulkhead or retaining wall for the 
protection of the Nantasket beach reservation from the 
ocean; this sum to be covered by assessments upon 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 April 2G, 1015. 



Chap. 205 An Act relative to the change of name of corpora- 
tions. 



1908, 163, § 2, 
amended. 



Change of 
names of cer- 
tain corpora- 
tions, how 
made. 



Be it enacted, etc., as follows: 

Chapter one hundred and sixty-three of the acts of the 
year nineteen hundred and eight is hereby amended by 
adding a new section thereto to be numbered two, as fol- 
Scction 2. Any corporation organized under general 



lows : 



or special laws for any of the purposes specified in section 
tAvo of chapter one hundred and twenty-five of the Revised 
Laws, or acts in amendment thereof or in addition thereto, 
may, if unable to comply with the provisions of section one 
hereof, petition the commissioner of corporations for a 
change of name. Such petition shall contain a list of the 
officers and stockholders or members of the corporation, 
so far as they are known, together with their addresses; 
shall state why it is unable to comply with the provisions of 
section one, together with the name proposed to be adopted 
by the corporation; and shall be signed and sworn to by 
the president or one member of the board of directors. 
The commissioner of corporations may require the pe- 
titioners to furnish him with information as to what attempts, 
if any, have been made to secure the approval of two thirds 
of the stockholders or members, or of such proportion thereof 
as the by-laws of the corporation may prescribe, for the 



General Acts, 1915. — Chap. 206. 189 

proposed change of name. The commissioner may also 
require any other information which in his judgment may 
be of assistance in determining the matter before him. 
He may direct the petitioner or the officers of the corpora- 
tion to give any further notice to the members thereof of 
the proposed change of name, and to report to him the 
result of such notice. 

If the commissioner shall be satisfied that the proposed ^rtificafe"^ 
name of the corporation is approved by such members or 
stockholders thereof as have expressed an opinion in relation 
thereto, or of a reasonable proportion thereof, he shall 
indorse his approval thereon, and thereupon it shall be 
filed in the office of the secretary of the commonwealth, 
who shall direct publication thereof and grant a certificate 
of name in the manner provided in section one. 

Approved April 26, 1915. 

An Act relative to the revocation of paroles. Chav 206 

Be it enacted, etc., as jolloics: 

Chapter eight hundred and twenty-nine of the acts of the lois, 829, § 3, 
year nineteen hundred and thirteen is hereby amended by ^"^'»'^^'*- 
striking out section three and inserting in place thereof the 
following : — Section 3. All the duties and powers of the Boards of pa- 
board of prison commissioners relating to the granting of p°i^m°ts^to"be 
permits to be at liberty from the state prison, the Massa- **^ I'berty, etc. 
chusetts reformatory, the reformatory for women and the 
prison camp and hospital, and in relation to the revocation 
of such permits and to the revocation of paroles from the 
said institutions are hereby transferred to and vested in 
the several boards of parole for said institutions. All pro- 
visions of law relative to the granting of permits to be at 
liberty by the prison commissioners, so far as they are 
applicable, shall govern the granting of such permits under 
this act. The board of prison commissioners shall furnish 
to the various boards of parole all information in its possession 
relating to any prisoner whose case is under consideration. 
No permit to be at liberty from the state prison, authorized ^°°'^it'°"^- 
by chapter four hundred and fifty-one of the acts of the 
year nineteen hundred and eleven or by chapter one hundred 
and three of the acts of the year nineteen hundred and 
twelve, and no permit to be at liberty from the Massa- 
chusetts reformatory or the reformatory for women or the 
prison camp and hospital, shall be granted until the prisoner 



190 



General Acts, 1915. — Chap. 207. 



has been seen by the parole board of the Institution in which 
he is held. When a board of parole has granted or revoked any 
such permit or has revoked any parole, it shall notify the 
secretary of the board of prison commissioners, who shall 
thereupon issue such permit, or, in case of the revocation 
of a permit or parole, shall issue an order for the arrest and 
return of the person whose permit or parole has been re- 
voked. Approved April 21, 1915. 



Chap. 207 An Act relative to the labor of prlsoners. 

Be it enacted, etc., as folloics: 



1910, 414, § 1, 
amended. 



Making of 
goods for the 
use of public 
institutions by 
the labor of 
prisoners. 



Section 1. Section one of chapter four hundred and 
fourteen of the acts of the year nineteen hundred and ten 
is hereby amended by striking out the word "October", 
in the ninth line, and inserting in place thereof the word : — 
May, — so as to read as follows : — Section 1 . For the 
purpose of determining the styles, designs and qualities of 
articles and materials to be made by the labor of prisoners 
for use in the public institutions in accordance with section 
forty-fi^'e of chapter two hundred and twenty-five of the 
Revised Laws, the superintendents of institutions for the 
insane, the superintendents of other charitable institutions, 
and the officers in charge of penal and reformatory institu- 
tions, respectively, shall hold meetings annually in May. 
The day and place of each of said meetings shall be assigned 
by the prison commissioners who shall give to the officers 
concerned at least ten days' notice thereof. If a superintend- 
ent or officer in charge is unable to be present at a meeting 
he may delegate one of his assistants to attend in his behalf. 
Each meeting shall organize by the choice of a chairman and 
clerk; and within one week after the meeting, these officers 
shall formally notify the prison commissioners of the styles, 
designs and qualities adopted by the meeting for use in each 
class of institutions. The expense of attending any of said 
meetings shall be repaid to the respective officers in the 
same way as other travelling expenses are paid; and any 
other expense of the meetings shall be paid from the Prison 
Industries Fund upon the approval of the prison com- 
missioners. 
1010, 414 §2. Section 2. Section two of said chapter four hundred 

and fourteen is hereby amended by striking out the word 
"November", in the first line, and inserting in place thereof 



General Acts, 1915. — Chap. 208. 191 

the word : — September, — so as to read as follows : — Sec- Descriptive 
Hon 2. In September of each year the prison commissioners designs'eta; to 
shall issue to said superintendents and officers in charge a ^^ '®*"®''' ®**'- 
descriptive list of the styles, designs and qualities of said 
articles and materials; and the requisitions named in section 
fifty-four of chapter two hundred and twenty-five of the 
Revised Laws shall conform to the said list, unless it appears 
that the needs of an institution demand a special style, 
design or quality. Any difference between the prison Arbitrators. 
officials and the institutions in regard to styles, designs and " '^' 
qualities shall be submitted to arbitrators whose decision 
shall be final. One of said arbitrators shall be named on 
behalf of the prison by the chairman of the prison commis- 
sioners, one by the principal officer of the other institution 
concerned, and one by agreement of the other two. The 
arbitrators shall be chosen from the official service and 
shall receive no compensation for performance of any duty 
under this act; but their actual and necessary expenses shall 
be paid by the prison or other institution against which 
their award is given. 

Section 3. Section three of said chapter four hundred imended.^ ^' 
and fourteen is hereby amended by striking out the word 
"December", in the first line, and inserting in place thereof 
the word: — November, — so as to read as follows: — Sec- Estimate of 
Hon 3. Annually in November the principal officers of all etc.rto be'fent 
public institutions included by the terms of section forty- commiSioners 
five of chapter two himdred and twenty-five of the Revised a»nuaiiy. 
Laws, shall send to the prison commissioners an estimate of 
the quantities of the articles and materials that will be 
needed for their respective institutions during the ensuing 
calendar year. Said estimates shall generall}' observe the 
styles, designs and qualities named in the descriptive list; 
and if any special style is desired in considerable quantity, 
the estimate shall contain a rec^uest that the prison commis- 
sioners will arrange for the manufacture of such special 
articles as may be needed. Ajjproved April 28, 1915. 

An Act relative to the support of state charges in Chap. 208 

THE STATE INFIRMARY AND THE BRIDGEWATER STATE 
HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-two of chapter five hundred |^^°^'„f,°*i^ ^-■ 
and four of the acts of the year nineteen hundred and nine ij^ j^J-Z^J"-'/ 



192 



General Acts, 1915. — Chap. 209. 



Support of 
state charges 
in the state in- 
firmary and 
Bridgewater 
state hospital. 



is hereby amended by inserting after the word "charges", 
in the sixth hne, the words : — inchiding insane inmates of 
the state infirmary and insane inmates of the Bridgewater 
state hospital not under orders of a court, — so as to read 
as follows: — Section 82. The price for the support of 
inmates, other than state charges, of the institutions men- 
tioned in section fourteen, and of the Massachusetts School 
for the Feeble-lMinded, shall be determined by the trustees 
of the respective institutions. The price for the support of 
state charges, including insane inmates of the state infirmary 
and insane inmates of the Bridgewater state hospital not 
under orders of a court, shall be determined by the state 
board of insanity at a sum not exceeding five dollars per 
week for each person, and may be recovered by the treasurer 
and receiver general from such persons if of sufficient ability, 
or from any person or kindred bound by law to maintain 
them. The attorney-general shall upon request of the 
said board bring action therefor in the name of the treasurer 
and receiver general. 

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

Approved April 28, 1915. 



Limitation of 
property owned 
by charitable 
and other 
corporations. 



Chap. 20^ An Act relative to the limitation of property owned 

BY CHARITABLE AND OTHER CORPORATIONS. 

Be it enacted, etc., as jolloivs: 

Section 1. Every corporation heretofore organized by 
special act of the legislature for a purpose or purposes for 
which corporations may be organized under the provisions 
of chapter one hundred and twenty-five of the Revised Laws, 
and acts in amendment thereof or in addition thereto, 
may, despite any provisions contained in its charter, acquire 
and hold real and personal estate to an amount not exceeding 
one million five hundred thousand dollars, in accordance 
with section eight of said chapter one hundred and twenty- 
five. 

Section 2. This act shall not be construed to limit the 
amount of real and personal estate which may be held by any 
corporation whose charter allows it to hold an amount 
greater than that mentioned in section one hereof. 

Approved April 28, 1915. 



Not to limit 
amount of real 
and personal 
estate of certain 
corporations. 



General Acts, 1915. — Chaps. 210, 211. 193 



An Act to provide for an additional outlet for the (Jji^jy 210 
SOUTH metropolitan sewer. 

Be it enacted, etc., as joUows: 

Section 1. For the purpose of meeting the expenses Additional 
incurred by the metropoHtan water and sewerage board in south metro^ 
provi(Hng an additional outlet for the south metropolitan po'''^^'*" ^ewer. 
sewer at Nut island, Quincy, as authorized by chapter four 
hundred and twenty-four of the acts of the year eighteen 
hundred and ninety-nine, the treasurer and receiver general 
shall issue from time to time, in the name and behalf of the 
commonwealth and under its seal, bonds designated on the 
face thereof. Metropolitan Sewerage Loan, to an amount Metropolitan 
not exceeding five thousand dollars, in addition to the ^'"''^^^"^ 
amount of such bonds heretofore authorized for the con- 
struction of the south metropolitan sewerage works. 

Section 2. The provisions of chapter four hundred ^^sfo" faw"'' 
and twenty-four of the acts of the year eighteen hundred toa,pp'y- 
and ninety-nine and of all acts in amendment thereof and 
in addition thereto shall, so far as they may be applicable, 
apply to the indebtedness authorized by this act and to all 
proceedings hereunder. 

Section 3. This act shall take effect upon its passage. 

Approved April 28, 1915. 

An Act relative to the licensing of operators of (jjiQ^y 211 

HOISTING MACHINERV. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and imended.^ '' 
fifty-six of the acts of the year nineteen hundred and eleven 
is hereby amended by adding at the end thereof the words: 
— An applicant for a license under the provisions of this 
section shall be examined only as to his ability to use the 
particular machinery or contrivance, whether it be a gasoline 
engine or electric engine or otherwise, which he desires to 
operate, and the license granted to him shall be limited to 
the particular kind of machinery in the use of which he 
has been examined; but, if he so requests, the applicant 
may be examined as to his proficiency in the various kinds 
of machinery or apparatus used for hoisting, and the license 
granted to him shall include those kinds of machinery or 
apparatus in respect to which he is found to be competent, 



194 



General Acts, 1915. — Chap. 212. 



Operators of 
hoisting ma- 
chinery to be 
Hcensed. 



Conditions. 



— SO as to read as follows: — Section 1. No person shall 
operate derricks, cableways, machinery used for discharging 
cargoes, temporary elevator cars used on excavation work 
or used for hoisting building material, wdien the motive 
power to operate such machinery is mechanical and other 
than steam, unless he holds a license as hereinafter pro- 
vided. The owner or user of hoisting machinery specified 
in this section shall not operate, or cause to be operated, 
such machinery for a period of more than one week, unless 
the person operating it is duly licensed. An applicant for a 
license under the provisions of this section shall be examined 
only as to his ability to use the particular machinery or 
contrivance, whether it be a gasoline engine or electric 
engine or otherwise, which he desires to operate, and the 
license granted to him shall be limited to the particular kind 
of machinery in the use of which he has been examined; but, 
if he so requests, the applicant may be examined as to his 
proficiency in the various kinds of machinery or apparatus 
used for hoisting, and the license granted to him shall in- 
clude those kinds of machinery or apparatus in respect to 
which he is found to be competent. 

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

Approved Ai^ril 20, 1915. 



Chap. 212 An Act relative to the inspection by the auditor of 

THE commonwealth OF BOOKS RECORDING THE LICENSING 
AND REGISTRATION OF HUNTERS. 

Be it enacted, etc., as follows: 
1911, 614 §9, Section 1. Section nine of chapter six hundred and 

amended. • i i i i i 

fourteen of the acts of the year nmeteen hundred and eleven 
is hereby amended by inserting after the word "preceding", 
in the twelfth line, the words : — The state auditor, or his 
representative, may at any time demand the above mentioned 
books and may retain possession of them until his audit 
and inspection are completed. Any city or town clerk who 
refuses or neglects to deliver any such book on demand as 
aforesaid shall be liable to a fine of fifty dollars, — so as to 
Inspection by read as follows : — Section 9. Every city and town clerk 
the common"-^ shall Fcport all sucli registration in books kept for that 
boote^f^ord-"^ purpose, which books shall be open to public inspection 
during the usual office hours of such clerk, and subject to 
audit and inspection by the commissioners on fisheries 
and game, by the state auditor, or by their agents, at all 



ing the licens- 
ing, etc., of 
hunters. 



General Acts, 1915. — Chap. 213. 195 

times; and said clerk shall, on the first INIonday of every 
month, pay to the board of commissioners on fisheries and 
game all money received by him for the said registrations, 
except the recording fees which he is entitled to retain, as 
provided in section six, together with a receipted bill for 
fees due and received in accordance with section six of this 
act, issued during the month preceding. The state auditor, 
or his representative, may at any time demand the above 
mentioned books, and may retain possession of them until 
his audit and inspection are completed. Any city or town Penalty for 
clerk who refuses or neglects to deliver any such book on Cooks!"^'^'^^ ° 
demand as aforesaid shall be liable to a fine of fifty dollars. 
All remittances shall be made by certified check, United 
States post office money order, express money order or 
lawful money of the United States. The board of com- 
missioners on fisheries and game shall, in accordance with 
the provisions of section fifty-six of chapter six of the Re- 
vised Laws, pay to the treasurer and receiver general all 
money received by them for the said registrations issued 
during the previous month, and shall furnish him with a 
list of the number and kind of registrations recorded by each 
city and town clerk during the previous month. 
Section 2. This act shall take efiPect upon its passage. 

Approved April 2D, 1015. 

An Act relative to the purposes for which corpora- rjjid^j 213 

TIONS MAY be FORMED. 

Be it enacted, etc., as foUoics: 

Section two of chapter one himdred and twenty-five of the R. l. 125, § 2, 
Revised Laws is hereby amended by inserting after the ^'^^^"'"^ 
word "any", in the first line, the word: — civic, — and by 
adding at the end thereof the words: — for establishing 
boards of trade, chambers of commerce and bodies of like 
nature, — so as to read as follows: — Section 2. Such Pvirposes for 

.. 11" 1? •• li'i which corpora- 

corporation may be formed tor any civic, educational, tions may be 

charitable, benevolent or religious purpose; for the prosecu- ^°'^™'^ " 
tion of any antiquarian, historical, literary, scientific, medical, 
artistic, monumental or musical purpose; for establishing 
and maintaining libraries; for supporting any missionary 
enterprise having for its object the dissemination of re- 
ligious or educational instruction in foreign countries; 
for promoting temperance or morality in this common- 
wealth; for encouraging athletic exercises or yachting; for 



196 General Acts, 1915. — Chaps. 214, 215. 

encoiiraginc; the raising of choice breeds of domestic animals 
and poultry; for the association and accommodation of 
societies of Free Masons, Odd Fellows, Knights of Pythias 
or other charitable or social bodies of a like character and 
purpose; for the establishment and maintenance of places 
for reading rooms, libraries or social meetings; for establish- 
ing boards of trade, chambers of commerce and bodies of 
like nature. Approved April 29, 1915. 

Chap. 214: An Act relative to the weekly payment of wages. 

Be it enacted, etc., as follows: 

TOmpcf'wSdy A justice or clerk of a police, municipal or district court, 
Irages*^"*^ °^ ^^ ^ ^^^^^ justice may, upon the application of any employee 
issue a summons to an employer to appear and show cause 
why a warrant should not issue against him for a violation 
of section one hundred and twelve of cha})tcr five hundred 
and fourteen of the acts of the year nineteen hundred and 
nine. Upon the return of such summons and after a hearing 
the justice may issue a warrant upon the complaint of any 
such employee. Approved April 29, 1915. 

Chap. 21b An Act accepting certain conditions relative to the 

improvement of malden river. 

Be it enacted, etc., as follows: 

SoM to bTac- Section 1. The conditions set forth in the act of congress, 

cepted by tiie knowu as tlic Rivcr and Harbor bill, ai^proved Julv twenty- 
common- mi 1 • 111 1 1 1 • •' 1 

wealth relative litth, nineteen liuiidred and tweh'e, and m acts m amend- 
provement of mcut tlicrcof aud lu addltiou thereto, which require that the 
a eu river. ^^^^ appropriated, or to be made available, by congress by 
said acts, for completing the improvement in Maiden river 
in this commonwealth, shall not be expended until the 
commonwealth has lowered the siphon of the metropolitan 
sewer which now crosses said river, and shall have pledged 
itself for all cost of maintenance of the new depth of the 
channel, are hereby accepted; and the metropolitan water 
and sewerage board is hereby authorized and directed to 
lower the said siphon and to do any other act or thing neces- 
sary to comply with the requirements of the said acts, and 
may expend for this purpose a sum not exceeding seventy 
thousand dollars. 
Metropolitan Section 2. To mcct the expenses incurred under the 

bewerage Loan. . . o i • i ^ • i i n 

provisions or this act the treasurer and receiver general shall 
issue from time to time in the name and behalf of the com- 



General Acts, 1915. — Chap. 216. 197 

monwealth and under its seal, bonds designated on the face 
thereof, INIetropohtan Sewerage Loan, to an amount not 
exceeding seventy thousand dollars, in addition to the 
amount of such bonds heretofore authorized for the con- 
struction of the north metropolitan sewerage works. 

Section 3. The provisions of chapter four hundred and ^^onTo'fTaw 
thirty-nine of the acts of the year eighteen hundred and to apply, 
eighty-nine and of all acts in amendment thereof and in 
addition thereto shall, so far as they may be applicable, 
apply to the indebtedness authorized by this act and to 
all proceedings hereunder. 

Section 4. This act shall take effect upon its passage. 

Approved April 29, 1915. 

An Act to require manufacturing establishments to (7/^^79.216 
provide rooms and equipment for tpie treatment of 
injured or sick employees. 

Be it enacted, etc., as folloivs: 

Section one hundred and four of chapter five hundred and etc!'ameudld*.' 
fourteen of the acts of the year nineteen hundred and nine, 
as amended by chapter five hundred and fifty-seven of the 
acts of the year nineteen hundred and fourteen, is hereby 
further amended by inserting after the word "premises", 
in the eleventh line, the words: — Every such person, firm 
or corporation, employing one hundred or more persons, 
shall, if so required by the state board of labor and industries, 
provide accommodations, satisfactory to said board, for the 
treatment of persons injured or taken ill upon the premises, 
by striking out the word "and", in the same line, and by 
striking out the words "in like manner", in the fourteenth 
line, and inserting in place thereof the words: — in the 
manner aforesaid,- — so as to read as follows: — »Scc/io?i Manufacturing 

^^1 / XT' n j^* J." i" j^ establishments 

104. Lvery person, firm or corporation operatmg a factory to provide 
or shop in which machinery is used for any manufacturing fOTtiietrea't- 
or other purpose except for elevators, or for heating or j^^"^ °[. g";^ 
hoisting apparatus, shall at all times keep and maintain, employees. 
free of expense to the employees, such medical or surgical 
chest, or both, as shall be required by the state board of 
labor and industries, and containing plasters, bandages, 
absorbent cotton, gauze, and all other necessary medicines, 
instruments and other appliances for the treatment of 
persons injured or taken ill upon the premises. Every such 
person, firm or corporation, employing one hundred or more 



198 



General Acts, 1915. — Chap. 217. 



Penalty. 



persons, shall, if so required by the state board of labor and 
industries, provide accommodations, satisfactory to said 
board, for the treatment of persons injured or taken ill 
upon the premises. Every person, firm or corporation 
carrying on a business in a mercantile establishment in 
which twenty or more Avomen or minors are employed, 
shall in the manner aforesaid provide such medical and 
surgical chest as the state board of labor and industries 
may require. A person, firm or corporation violating any 
provision of this section shall be punished by a fine of not 
less than five dollars nor more than five hundred dollars for 
every week during which such violation continues. 

Approved April 29, 1915. 



1909, 490, § 26, 
amended. 



Taxation of 
life insurance 
companies. 



Chap. 217 An Act relative to the returns of life insurance 

COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and ninety of the 
acts of the year nineteen hundred and nine is hereby amended 
by striking out section twenty-six of Part III and inserting 
in place thereof the following : — Section 26. A domestic 
or foreign company or association which is engaged by its 
officers or by agents as defined in chapter five hundred and 
seventy-six of the acts of the year nineteen hundred and 
seven and amendments thereof and additions thereto, in 
the business of life insurance within this commonwealth 
shall annually pay an excise tax of one quarter of one per 
cent upon the net value of all policies in force on the thirty- 
first day of December of the year preceding that in which 
the tax is payable, issued or assumed by such company and 
held by residents of the commonwealth, as determined by 
the tax commissioner upon the return required under the 
provisions of this section and such other evidence as he may 
obtain. Every company or association subject to the pro- 
visions of this section shall annually, on or before the tenth 
day of IMay, make a return to the tax commissioner, signed 
and sworn to by its president or secretary and Its actuary, 
giving in such detail as the tax commissioner shall require 
the total number of policies in force on the preceding thirty- 
first day of December held by residents of this commonwealth, 
the aggregate net value thereof and the aggregate amount 
insured. In respect to Industrial business the aggregate 
net value so reported may be estimated upon the basis of 



To make a 
sworn return. 



General Acts, 1915. — Chap. 218. 199 

such general averages or otherwise as shall be authorized by 
the tax commissioner with the approval of the insurance com- 
missioner, but in respect to ordinary business the aggregate 
net value reported shall be the combined aggregate of the 
mean reserve computed for each policy, or each group of 
policies requiring a separate computation to determine their 
net value, on the basis of valuation used or approved by the 
Massachusetts insurance department under the provisions of 
section eleven of chapter five hundred and seventy-six of 
the acts of the year nineteen hundred and seven and amend- 
ments thereof and additions thereto. Whenever the tax 
commissioner believes it to be for the best interests of the 
commonwealth he may require in addition to the above in- 
formation the following details relating to each policy of 
ordinary business in force on the preceding thirty-first day 
of Deceml^er and held by a resident of IMassachusetts : the 
number, date, and class, the age of the assured life, the 
amount insured and the net value. The books, papers and books!*p?apCTs, 
accounts of every such life insurance company shall be open ®t°- 
at all times to inspection and examination by the tax com- 
missioner and the insurance commissioner, or their duly . 
authorized representatives, for the purpose of verifying the 
accuracy of the returns made under this section. If any Liability for 
such return contains a false statement which is known, or return.^ ^'^ ^'^ 
by the exercise of reasonable care might have been known, 
to the agent or officers making it to be false, such life in- 
surance company or association shall be liable for the amount 
of tax thereby lost to the commonwealth and, in addition, Penalty, in 
to a penalty of not less than five hundred dollars nor more 
than five thousand dollars. 

Section 2. This act shall take eft'ect on the first day of J^Z°^ *=*'^'"^ 
January, nineteen hundred and sixteen. 

Approved May 3, 1915. 

An Act relative to the taking of salmon from lake QJkij) 218 
quinsigamond. 

Be it enacted, etc., as folloivs: 

Section 1. It shall be lawful, subject to the provisions Taking of fish 
of this act, to take, by angling only, in Lake Quinsigamond, Quinsigamond. 
and only between one hour before sunrise and two hours 
after sunset, from the first day of April to the thirtieth day 
of September, both dates inclusive, salmon not less than 
twelve inches long, and to have the same in possession but 



200 



General Acts, 1915. — Chap. 219. 



Proviso. 



Certain pro- 
visions of law 
not to apply. 



Repeal. 



Penalty. 



not for purposes of sale: iirovidcd, however, that when a 
person takes a salmon which brings the total weight of 
salmon caught by him in any one day up to fifteen pounds, 
he shall take no more salmon on that day, or, if two or more 
persons are angling from one boat, when a salmon is taken 
which brings the total weight of salmon caught by any or 
all of them in any one day up to twenty-five pounds, no 
more salmon shall be taken on that day by any of them. 

Section 2. So much of section one of chapter three 
hundred and seventy-seven of the acts of the year nineteen 
hundred and nine, as amended by section one of chapter 
four hundred and sixty-nine of the acts of the year nineteen 
hundred and ten as is inconsistent herewith shall not be 
applicable to the taking of salmon in Lake Quinsigamond, 
and chapter fifty-nine of the General Acts of the year nineteen 
hundred and fifteen is hereby repealed. 

Section 3. Whoever violates any provision of this act 
shall be subject to a fine of not more than twenty dollars 
for each fish taken in violation thereof. 

Approved May 3, 1915. 



Chap. 219 An Act relative to officers, directors and employees 

OF TRUST companies. 

Be it enacted, etc., as follows: 

tore°andem-°" Section 1. Otlicr than the usual salary or director's 
pioyees of trust fgg p^id to auy officer, director or emplovee of a trust com- 

companies not ^ *' ' iip'ii 

to receive pauy, and other than a reasonable fee paid by a trust com- 

etc. ' pany to an officer, director, or employee for services rendered 

to the company, no officer, director, employee, or attorney 
of a trust company shall be a beneficiary of or receive, 
directly or indirectly, any fee, commission, gift, or other 
consideration for or in connection with any transaction or 
business of the trust company. Nothing contained in 
this section shall be construed as forbidding the receipt 
of interest on a deposit made by any such officer, director or 
employee, or as prohibiting any such officer, director, or em- 
ployee from borrowing from the trust company in accordance 
with law. 

Section 2. Any person violating any provision of this 
act shall be punished by a fine not exceeding five thousand 
dollars, or by imprisoiunent for a term not exceeding one 
year, or by both such fine and imprisonment. 

Approved May 3, 1915. 



Penalty. 



General Acts, 1915. — Chaps. 220, 221. 201 



An Act to provide for the maintenance of a labora- (jfi^j) 220 

TORY FOR THE USE OF THE DETECTIVE DEPARTMENT OF 
THE DISTRICT POLICE. 

Be it enacted, etc., as follows: 

From and after the first day of December, nineteen hundred us^J'Cnhe^ ^°'^ 
and fourteen, there mav be expended annually from the fji^tective 

' •- 111 i-' i>i department of 

treasury of the commonwealth, under the direction of the the district 
chief of the district police, a sum not exceeding five hundred 
dollars for the maintenance of a laboratory for the use of 
the detective department of the district police in the en- 
forcement of the laws relative to explosives and inflammable 
fluids and compounds. Approved May 3, 1915. 

An Act to provide for the construction of certain ChaiJ. 221 

HIGHWAYS IN THE FIVE WESTERN COUNTIES OF THE 
COMMON^^EALTH. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is Certain high- 
hereby authorized and directed to lay out, construct and coMtmc^ed. 
complete during the years nineteen hundred and fifteen, ^^''' 
nineteen hundred and sixteen, nineteen hundred and seven- 
teen and nineteen hundred and eighteen, certain highwaj^s 
situated in the five western counties of the commonwealth 
and described as follows: — 

No. 1. — From Great Barrington, south through Sheffield, 
and that part thereof known as Ashley Falls, to the Con- 
necticut state line. 

No. 2. — From Pittsfield to Northampton through the 
towns of Hinsdale, Windsor, Cummington and Goshen. 

No. 3. — From the village of New Boston in the town 
of Sandisfield, northerly, up the Farmington valley through 
the towns of Otis and West Becket, to connect with the 
main highw^ay running east and west, known as Jacob's 
Ladder road. 

No. 4- — From Bonny Rigg Four Corners in the town 
of Becket, through the town of Washington, to the present 
state highway in the town of Hinsdale. 

No. 5. — From the main highway in Huntington, 
northerly through Worthington to Cummington, to con- 
nect with the highway between Dalton and Northampton, 
now in process of construction. 



202 



General Acts, 1915. — Chap. 221. 



Certain high- 
ways to be 
constructed, 
etc. 



Highway 
commission 
may expend 
$2,000,000. 



No. 6. — From Hinsdale, easterly through Peru to 
Worthington, to connect with the last described road from 
Huntington to Cummington. 

No. 7. — From Plainfield to Cummington, to connect 
with the highway between Pittsfield and Northampton 
now in process of construction. 

No. 8. — From Belchertown, through Enfield and Ware, 
to Palmer via the state hatchery, to connect witli the main 
highway between Boston and Springfield. 

No. 9. — From Granville Corners, through Southwick 
to Feeding Hills in the town of Agawam. 

No. 10. — From South Deerfield at a point near the state 
highway leading from Northampton to Greenfield, through 
Conway, to Aslifield, thence through Spruce Corners to 
Lithia in the town of Goshen, to connect with the highway 
between Pittsfield and Northampton now in process of con- 
struction. 

No. 11. — -From Nortlifield through Gill to Turners 
Falls, to connect with the main highway between Boston 
and North Adams. 

No. 12. — From Athol to Worcester, through Petersham, 
Barre, Oakham and Rutland, connecting the main highway 
running westerly from Boston through Athol to North 
Adams with the main highw^ay running westerly from 
Boston to Springfield through the city of Worcester. 

No. 13. — From Worcester to jMilford through Grafton 
and Upton, to connect with the main highway leading to the 
Cape. 

No. 14- — From Warwick to Orange, to connect with 
the main highway from Boston to North Adams. 

No. 15. — From Blandford to Woronoco in Russell, to 
connect with the main highway from Springfield to Pitts- 
field. 

No. 16. — From the state highway in Wales, southerly 
to the Connecticut line. 

No. 17. — From West Chesterfield to Chesterfield, to 
Williamsburg; also from the Williamsburg line over Mains 
Hill to a point at or near the village of Florence, not ex- 
ceeding two miles. 

Section 2. For the purpose of carrying out the provisions 
of this act, the IMassachusetts highway commission is hereby 
authorized to expend a sum not exceeding two million 
dollars, and in addition thereto the said commission is 
hereby authorized and directed to expend the sums of 



General Acts, 1915. — Chap. 22L 203 

money repaid by the several counties under the provisions 
of section five of this act. 

Section 3. The county commissioners of the five western County com- 
counties aforesaid, to wit: — -Berkshire, Frankhn, Hampden, "unii°hHghts 
Hampshire and Worcester, are hereby authorized and di- °^ "'^^' 
rected to furnish rights of way in their respective counties, 
and to lay out such locations as the Massachusetts highway 
commission shall approve and suggest, in carrying out the 
provisions of this act. But none of said ways, or any parts 
thereof, shall thereby become state highways; nor shall this 
act be construed as prohibiting the laying out or constructing 
of said ways, or parts thereof, as state highw\ays, under the 
laws applicable thereto, whenever said highway commission 
shall deem such course advisable. 

Section 4. For the purpose of meeting the expendi- Massachusetts 
tures hereby authorized, the treasurer and receiver general Highway Loan. 
is hereby authorized, with the approval of the governor and 
council, to issue bonds or certificates of indebtedness to the 
amount of two million dollars, for a term not exceeding 
fifteen years. Such bonds or certificates of indebtedness 
shall be issued as registered bonds, or with interest coupons 
attached, and shall bear interest at a rate not exceeding 
four per cent per annum, payable semi-annually. They 
shall be designated on their face, Western Massachusetts 
Highway Loan, shall be countersigned by the governor, 
and 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. They shall be sold at 
public auction, or disposed of in such other manner, at such 
times and prices, in such amounts and at such rates of 
interest, not exceeding the rate above specified, as shall be 
deemed best, but none of the said bonds shall be sold at 
less than the par value thereof. The treasurer and receiver Payment 
general shall, with the approval of the governor and council, 
provide for the payment of said loan as it falls due, and of 
the interest thereon, by such annual payments as will ex- 
tinguish the same at maturity, and the amount of such 
annual payments shall be raised annually by taxation in the 
same manner in which other state taxes are assessed and 
collected, without further legislation. 

Section 5. One fourth of any money which may be Repayment of 
expended under the provisions of this act for a highway coLt'^'^'"" °^ 
in any county, with interest thereon at the rate of three 



204 General Acts, 1915. — Chap. 222. 

Repayment per ccnt DCF annum, shall be repaid by the countv to the 

ot a portion '■ ii'i* i i i^- 

oicoat. commonwealth in such mstalments and at such tmies, 

within six years thereafter, as said commission, with the 
approval of the auditor of accounts, having regard to the 
financial condition of the county, shall determine. The 
money so repaid before November thirtieth, nineteen hun- 
dred and twenty-one, shall be expended by said commission 
from time to time, without specific appropriation, either 
in completing the highways hereinbefore mentioned or in 
improving a highway in any town in the five western counties 
that is not located upon one of the highways hereinbefore 
mentioned: lyrovided, that the valuation of the town does 
not exceed one million dollars; the higliAvay so improved 
to be a main highway connecting such town with its rail- 
road station, with a main through highway, or with an 
adjoining city or town. 
partidp^tloL"^^ Section G. The provisions of this act shall not preclude 
in annual tlic fivc westcm couutics aforcsaid from particii)ating in 

appropriation, . . , , , ^ i i 

etc. the annual appropriation made by the commonwealth 

for the construction and care of highways, or from receiving 
the same allotment from such annual appropriation as would 
be given to them had this act not been passed. 

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

Approved May 5, 1915. 

Chap. 222 An Act relative to the annual report of the com- 
mission ON ECONOMY AND EFFICIENCY. 

Be it enacted, etc., as follows: 

Itc^'ameided. Section 1. Scctiou six of cliaptcr eighteen of the Re- 
vised Laws, as amended by chapter four hundred and fifty- 
two of the acts of the year nineteen hundred and ten, is 
hereby further amended by adding at the end thereof the 
words : — provided, hoicever, that the provisions of this 
section shall not apply to the annual report submitted by 
the commission on economy and efiicienc,y, — so as to read 
Recommenda- as follows: — SccHon 6. State boards and commissions 
bMrds and ^ sliall amiually, on or before the first Wednesday in January, 
foHegfsla'tron, dcposit with the secretary of the commonwealth such parts 
^*''' of their annual reports which are required to be made to 

the governor and council or to the general court as contain 
recommendations or suggestions for legislative action, such 
recommendations or suggestions to be accompanied by 
drafts of bills embodying the legislation recommended; 



General Acts, 1915. — Chaps. 223, 224. 205 

and the secretary shall forthwith transmit them to the 
governor and council or to the general court: prodidcd, Proviso. 
however, that the provisions of this section shall not apply 
to the annual report submitted by the commission on econ- 
omy and efficiency. 

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

Approved May 5, 1015. 



Chap.223 



An Act to provide for improving the topographical 

SURVEY of the COMMONWEALTH. 

Be it eriactcd, etc., as foUoics: 

Section 1. The board of harbor and land commis- improving the 
sioners is hereby authorized to make such surveys and survfrof"'he 
do such other work as may be required by any order of ^°eaith."' 
the land court, to re-establish and permanently mark certain 
triangulation points and stations previously established in 
connection with the topographical survey of the common- 
wealth of IMassachusetts, and the town boundary survey, 
which have been lost or destroyed, and to obtain the geo- 
graphical position of such new points and stations as may 
be required from time to time by the court. 

Section 2. The land court is hereby authorized to make Land court 
sectional plans showing thereon registered lands, and in so ^onarpianl.^'^ 
doing to employ competent draftsmen and assistants. 

Section 3. To meet the necessary expenses of carrying Payment of 
out the purposes of this act a sum not exceeding fifteen '^^'"^"^''^• 
hundred dollars may annually be paid out of the treasury 
of the commonwealth, of which sum the board of harbor 
and land commissioners may expend for the purposes set 
forth in section one an amount not exceeding one thousand 
dollars, and the land court may expend for the purposes 
set forth in section two an amount not exceeding five hun- 
dred dollars. 

Section 4. This act shall take effect upon its passage. 

Approved May 5, 1015. 

An x\ct to provide for the care of the rooms and (JJidj) 224 

HALLS IN THE STATE HOUSE WINGS. 

Be it enacted, etc., as follows: 

Section 1. The sergeant-at-arms is hereby directed tocarooftim 
cause the remo\'al of the several departments of the com- In"' hf- stau. *" "^ 



206 



General Acts, 1915. — Chap. 225. 



house wings, 
etc. 



monwealth to the rooms which may be assigned to tliem in 
the state house and state house wings, as soon as sucli rooms 
shall be ready for occupancy, and the state house building 
commission shall not be held responsible for the care of 
such part of the state house wings as shall so be occupied. 
The sergeant-at-arms shall have charge of the various 
rooms in the state house wings which may be occupied 
under the provisions of this act, and of the halls adjacent 
thereto, and may employ watchmen, porters, elevator men 
and such other assistants as may be necessary for the proper 
care and protection thereof, in accordance with the general 
provisions of chapter ten of the Revised Laws governing 
the sergeant-at-arms' department. 
Section 2. This act shall take effect upon its passage. 

Approved May 5, 1915. 



Chap. 22^ An Act to provide for an independent vocational 

SCHOOL IN THE COUNTY OF HAMPSHIRE. 



Independent 
vocational 
school in 
Hampshire 
county. 



Conditions. 



Name. 



How main- 
t.iinid, etc. 



Be it enacted, etc., as follows: 

Section 1. At the next state election there shall be 
placed upon the official ballots for the county of Hamp- 
shire the following question: "Shall the County of Hamp- 
shire maintain an Independent Vocational School?" 

Section 2. If (A) a majority of the voters voting on 
the above question vote in the affirmative; and if (B) the 
city of Northampton causes to be tendered to the country 
for the maintenance of the said school the use, free of charge 
to the county, of the land, buildings and equipment, and 
any improvements thereon or additions thereto which may 
hereafter be made, of the present state-aided vocational 
school, known as Smith's agricultural school and North- 
ampton school of industries, and notifies the board of edu- 
cation in writing to that effect, then (C) the county of 
Hampshire shall maintain an independent vocational school 
in accordance with the following provisions, to wit : — 

1. The name of the school shall be Smith's Agricultural 
School. 

2. The school shall be maintained as a state-aided vo- 
cational school, subject to the approval of the board of 
education, in accordance with the provisions of chapter 
four hundred and seventy-one of the acts of the year nineteen 
hundred and eleven and of any acts in amendment thereof 
or in addition thereto not inconsistent with this act. 



General Acts, 1915. — Chap. 225. 207 

3. The local board of trustees for said school shall consist Local board of 
of five members, one appointed by the governor for a term ber, term, etc. 
of four years, the chairman of the county commissioners of 

the county of Hampshire, ex officio, and the three trustees 
elected by the city of Northampton in accordance with 
the terms of the will of Oliver Smith, ex officiis; and it shall 
be their duty to maintain vocational education of the kinds 
authorized by section three of this act. 

4. The said local board of trustees, for and on behalf of To serve 
the said county, shall serve without compensation, but compensation. 
shall be reimbursed for their necessary expenses, which shall 

be charged and paid on account of maintenance as herein- 
after provided. 

5. The three ex officiis trustees elected bv the city of Ex officiis 

11, n/.,. PTVTi trustees, num- 

Northampton, for and on behalf of the city of Northampton, ber, term, etc. 
shall make the written reports upon their " care and manage- 
ment of the income" received under the will of Oliver Smith 
for Smith's Agricultural School, and upon "the state of the 
funds, the expenditures, the improvements made on the 
premises, and the state of the school and institution generally; 
and also the state and condition of the proceeds and income 
of the establishment", required by said will; and for their 
services of "control and superintendence" the said three 
trustees shall receive from the income received under the 
will of Oliver Smith the "meet recompense" for which pro- 
vision is made in the said wuU. 

G. The three ex officiis trustees elected by the city of ^^'^^^e us^"" 
Northampton shall use so much as may be necessary of 
the annual income received by the city of Northampton 
under the will of Oliver Smith for (A) land, building and 
equipment purposes, including repayment of building and 
equipment loans now in process of liquidation; and may use 
the remainder of said income at their discretion for (B) 
other purposes, not inconsistent with the said will, which 
shall promote the welfare and progress of the said county 
school. 

7. The city of Northampton may withdraw or cause to city of North- 
be withdrawn from the county of Hampshire the privi- wTtCd^aw"^^ 
lege of maintaining an independent vocational school on 

the said premises by giving written notice to the board 
of education not less than two years prior to the date upon 
which the said privilege is to be withdrawn. 

8. In any event the title to the land, buildings and equip- Title to land. 
ment, with all additions thereto or improvements thereon, tiuiidmgs, etc. 



208 



General Acts, 1915. — Chap. 225. 



Termination of 
school. 



Disposition of 
equipment. 



with the exception of any equipment not purchasal^le under 
the terms of the will of Oliver Smith from the income re- 
ceived under said will, shall remain permanently in the 
possession of the city of Northampton. 

9. The board of education, for and on behalf of the county, 
may terminate the maintenance of an independent vocational 
school upon the said premises by giving written notice to 
the city of Northampton two years prior to the date on 
which said maintenance is to terminate. 

10. In the event that maintenance of said school by 
the county terminates, any equipment purchased at the 
expense of the county shall be disposed of by said trustees 
in such manner as shall be approved b}^ the board of edu- 
cation, and the proceeds shall be paid by the said trustees 
to the treasurer of the said county. 



COURSES AND METHODS OF INSTRUCTION. 

to te maiT'"'' Section 3. The school authorized by this act shall 
tained. maintain such kinds of vocational training permitted by 

chapter four hundred and seventy-one of the acts of the 
year nineteen hundred and eleven, and of any acts in amend- 
ment thereof or in addition thereto as are not inconsistent 
with this act. Short unit courses of instruction may be 
given both at the school and elsewhere in the county. Mem- 
bers of the school staff shall investigate farm and market 
conditions for the purpose of advising individuals and 
organizations with reference to better business methods 
among farmers and more satisfactory methods of market- 
ing farm products; shall give instruction in the formation 
of co-operative enterprises; and shall perform an,y other 
work adapted to promote the agricultural or rural develop- 
ment of the county. It shall be the duty of members of 
the staff to keep in touch with, and to bring to their assist- 
ance, all agencies in the commonwealth or elsewhere that 
will enable them to utilize the latest and best knowledge 
in the furtherance of their work. 



May receive 
gifts. 



COUNTY AND STATE SUPPORT. 



Section 4. The said school may receive gifts consid- 
ered by said trustees and the board of education to be not 
inconsistent with its purpose, but principally it shall be 
supported as follows : — 



General Acts, 1915. — Chap. 225. 209 

1. The said local board of trustees shall prepare annually, Estimates of 
in consultation with and with the approval of the board of made, etc. 
education, on or before the fifteenth day of December, an 
estimate of the amount required to maintain the said school 

for the ensuing year and to provide such equipment as may 
not be purchasable under the terms of the will of Oliver 
Smith from the income received under that will; and said 
amount shall be included by the county commissioners of 
the county of Hampshire in the estimate required by section 
twenty-seven of chapter twenty-one of the Revised Laws, 
as amended. 

2. If the amount so estimated, or any part thereof, shall Ss'e"mo"eT 
be authorized by the general court as part of the county by taxation. 
tax, the county of Hampshire shall raise by taxation the 

sum authorized, and the sum so raised shall be paid by 
the treasurer of the county to said trustees upon their 
requisition. 

3. Said trustees, subject to the provisions of said chapter Trustees to 
four hundred and seventy-one of the acts of the year nine- 
teen hundred and eleven, and of section three of this act, 

shall expend the sum appropriated for the purposes desig- 
nated, together with such miscellaneous income as receipts 
from tuition collected on account of non-resident pupils 
from outside the county of Hampshire, and receipts from 
the sale of products and from the work of pupils. 

4. The county shall be reimbursed for the expenditures Reimburse- 

1 „ 1 . PI • 1 1 1 • _l1 ment by state. 

made tor the mamtenance oi the said school m the manner 
and proportion provided for the reimbursement of certain 
counties, cities and towns by chapter four hundred and 
seventy-one of the acts of the year nineteen hundred and 
eleven and acts in amendment thereof or in addition thereto. 

5. Upon the passage of this act, (A) said county shall 4i^ed bV" ^^ 
raise by taxation for the maintenance of said school during taxation. 
the next fiscal year of the commonwealth, a sum not less 

than the amount expended for maintenance by Smith's 
agricultural school and Northampton school of industries 
during the fiscal year of the commonwealth then current; 
(B) said sum shall be included in the estimate prepared by 
the county commissioners of the county of Hampshire in 
accordance with section twenty-seven of chapter twenty- 
one of the Revised Laws as amended; and (C) the in- 
struction offered by said school, to the extent of its capacity, 
shall be free to residents of said county, beginning with 



110 



General Acts, 1915. — Chap. 226. 



Certain pupils 
to be admitted 
free. 



Towns may 
equip schools, 
etc. 



Half-rate fare 
upon street 
railways for 
pupils. 



the fiscal year for which the first county appropriation is 
made. 

Section 5. Said school, to the extent of the capacity 
of the various courses provided for in section three of this 
act, shall be free for attendance to residents of said county 
over fourteen and under twenty-five years of age; and to 
persons over seventeen years of age in such numbers and 
for such instruction as shall be approved by tlie board of 
education. Any resident over fourteen years of age of a 
city or town in Massachusetts outside said county which 
does not maintain a state-aided vocational school oft'ering 
the type of education desired, may be admitted to this 
school in accordance with the provisions governing the 
admission of non-resident pupils and tuition fees contained 
in said chapter four hundred and seventy-one. 

Section 6. Any town in said county may, however, 
establish, equip and maintain, with the approval of the 
board of education, a school for state-aided vocational 
education; and nothing in this act shall interfere with the 
rights and obligations under said chapter four hundred and 
seventy-one and acts in amendment thereof or in addition 
thereto, not inconsistent with this act, of any town which 
may have established such a school, or may hereafter desire 
to do so. 

Section 7. The provisions of chapter five hundred and 
thirty of the acts of the year nineteen hundred and eight, 
as amended by chapter five hundred and sixty-seven of 
the acts of the year nineteen hundred and ten, relative to 
half-rate fare upon street railways for school children shall 
apply to pupils of the said school. 

Approved May 5, 1015. 



C hap. 22Q An Act relative to the recording of mortgages and 

BILLS OF SALE OF PERSONAL PROPERTY. 



R. L. 198, § 1, 
amended. 



Be it enacted, etc., as foUoivs: 

Section 1. Section one of chapter one hundred and 
ninety-eight of the Revised Laws is hereby amended by 
striking out the words "unless the property mortgaged 
has been delivered to and retained by the mortgagee", 
in the twelfth and thirteenth lines, and by adding at the 
end thereof the following : — The provisions of this section 
shall apply to bills of sale given for security. If the con- 
dition for redemption of the property included in such bill 



General Acts, 1915. — Chap. 227. 211 

of sale is in writing, it shall be recorded with and as a part 

of the bill of sale; if the condition for redemption is oral, 

a written statement of such condition signed by the mortgagee 

shall be so recorded, — so as to read as follows : — Section 1 . f^hTt^^ieot 

]\lortgages of personal property shall, within fifteen days P^t'''''""'*}^^™^" 

from the date written in the mortgage, be recorded on recorded. 

the records of the city or town in which the mortgagor 

resides when the mortgage is made, and on the records of 

the city or town in which he then principally transacts his 

business or follows his trade or calling. If the mortgagor 

resides out of the commonwealth, and the property mortgaged 

is within the commonwealth when the mortgage is made, 

the mortgage shall l)e recorded on the records of the city 

or town in which the property then is. If a record in two 

different places is required and the mortgage is recorded in 

one within said fifteen days, it may be recorded in the other 

within ten days after the date of the first record. The 

mortgage shall not be valid against a person other than the 

parties thereto until it has been so recorded; and a record 

made subsequently to the time limited shall be void. The To apply to 

provisions of this section shall apply to bills of sale given for orsaie. 

security. If the condition for redemption of the property 

included in such bill of sale is in writing, it shall be recorded 

wuth and as a part of the bill of sale; if the condition for 

redemption is oral, a written statement of such condition 

signed by the mortgagee shall be so recorded. 

Section 2. Chapter six hundred and fifty-six of the Repeal, 
acts of the year nineteen hundred and thirteen is hereby 
repealed. Aiyproved May 5, 1,91 o. 

An Act relative to municipal liens for public im- Chap. 227 

PROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. No municipal lien shall attach to any real ^"31^0"'""^ 
estate in consequence of any order of a municipal board or improvements. 
other authority for the construction of a street, sewer or 
sidewalk until the work shall have been completed and an 
assessment levied, within one year thereafter, for the bene- 
fits conferred upon the various parcels of land benefited by 
the improvement. The assessment shall be levied upon the Assessments, 
parcels of land f)enefited by the improvement as they ex- °^^ *'^'°' ' 
isted on the first day of April next preceding the completion 
of the work. The assessment shall describe by metes and 



212 



General Acts, 1915. — Chaps. 228, 229. 



Order of assess- 
ment to create 
a lien, etc. 



Repeal. 



Not to apply to 
the city of 
Boston. 



bounds each parcel assessed and shall state the names of 
the owners of record at the time of the assessment, if the 
names can reasonably be ascertained; otherwise the assess- 
ment may be made to owners unknown. The order of 
assessment, together with a plan showing in detail the 
lots assessed, if recorded in the registry of deeds for the 
county and district wherein the land lies within thirty days 
after the date of the assessment, shall create a lien on the 
land which shall remain until the assessment is paid or 
abated according to law. 

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

Section 3. This act shall not apply to the city of Boston. 

Approved May 5, 1915. 



Chap. 228 An Act to provide for the construction of old colony 

BOULEVARD, SO-CALLED, IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and 
ninety-nine of the acts of the year nineteen hundred and 
twelve is hereby amended by inserting after the words 
"acquiring land for", in the thirty-first line, the words: — 
and constructing. 

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

Approved May 6, 1915. 



Construction 
of Old Colony 
boulevard, so- 
called, in 
Boston. 



Improvement 
of a certain 
highway in 
Ashburnham. 



Chap. 229 An Act to provide for the improvement of a highway 

in the town of ashburnham. 

Be it enacted, etc., as folloivs: 

Section 1. The Massachusetts highway commission is 
hereby authorized to expend the sum of ten thousand dollars 
during the present year in the construction and improve- 
ment of the highway between the present terminal points 
of the state highway already constructed, known as Rindge 
road, leading from Ashby through the town of Ashburnham, 
in order that said way may be made safe and convenient 
for public travel. Neither said way nor any part thereof 
shall thereby become a state highway, but the way shall be 
maintained and kept in good repair by the town or towns 
in which it is situated, until such time as it shall become a 
state highway. This act shall not be construed as prohibit- 
ing the laying out and construction of said way or any 



General Acts, 1915. — Chap. 230. 213 

part thereof as a state hioliway under the laws applicable 
thereto, whenever said commission shall deem it expedient 
so to do. Any unexpended balance of the sum hereby 
authorized to be expended may be used in the succeeding 
year for the same purpose. 

Section 2. For the purpose of meeting the expendi- f^^^ Highway 
tures hereby authorized, the treasurer and receiver general 
is hereby empowered, with the approval of the governor 
and council, to issue bonds or certificates of indebtedness to 
an amount not exceeding ten thousand dollars, for a term 
not exceeding fifteen years. Such bonds or certificates of 
indebtedness shall be issued as registered bonds, or with 
interest coupons attached, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi- 
annually. They shall be designated on their face. State 
Highway Loan, shall be countersigned by the governor, 
and shall be deemed a pledge of the faith and credit of the 
commonwealth; and the principal and interest thereof shall 
be paid at the time specified therein, in gold coin of the 
United States or its equivalent. The said securities shall 
be sold at public auction, or disposed of in such other manner, 
at such times and prices, in such amounts and at such 
rates of interest, not exceeding the rate above specified, as 
shall be deemed best. The provisions of section twelve of 
chapter forty-seven of the Revised Laws shall apply to all 
expenditures made under authority of this act. 

Section 3. This act shall take effect upon its passage. 

Ajjprovcd May 6, 1915. 

An Act to provide for the construction of a state fhnj) 230 

HIGHWAY FROM THE TOWN OF NORTON TO THE CITY OF 
TAUNTON. 

Be it enacted, etc., as folloivs: 

Section 1. The Massachusetts highway commission is construction 
hereby authorized to expend the sum of twelve thousand hig'hway'^from 
dollars during the present year in the construction of a Taunton" 
state highway extending from the town of Norton to the 
city of Taunton over what is deemed by the highwa}^ com- 
mission to be the best route. The said road shall there- 
after be a state highway and shall be maintained as such. 

Section 2. For the purpose of meeting the expenditures state Highway 
hereby authorized, the treasurer and receiver general is 
hereby empowered, with the approval of the governor and 



214 



General Acts, 1915. — Chap. 231. 



Stat3 Highway 
Loan. 



council, to issue bonds or certificates of indebtedness to an 
amount not exceeding twelve thousand dollars, for a term 
not exceeding fifteen years. Such bonds or certificates of 
indebtedness shall be issued as registered bonds, or with 
interest coupons attached, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi- 
annually. They shall be designated on their face, State 
Highway Loan, shall be countersigned by the governor and 
shall be deemed a pledge of the faith and credit of the com- 
monwealth; and the principal and interest thereof shall be 
paid at the time specified therein in gold coin of the United 
States or its equivalent. They shall be sold at public 
auction, or disposed of in such other manner, at such times 
and prices, in such amounts and at such rates of interest, 
not exceeding the rate above specified, as shall be deemed 
best. 

Section 3. This act shall take effect upon its passage. 

A jj proved May 6, 1915. 



Chap. 2^1 An Act to authorize the incorporation of farmland 

BANKS. 



Be it enacted, etc., as follows: 



Farmland 
banks, in- 
corporation 
authorized. 



GENERAL PROVISIONS. 

Section 1. In this act the words "farmland bank" 
shall mean a corporation formed in accordance with the 
provisions of this act for the purpose of promoting rural 
mortgage credit in the commonwealth; the word "bank", 
unless otherwise designated, shall mean a farmland bank; 
the words "land reserve fund" shall mean the capital stock 
of a farmland bank; the words "land reserve certificate" 
shall mean a certificate of shares of stock in a farmland 
bank; the word "mortgage" shall mean a mortgage upon 
farm land of which a farmland bank is the mortgagee; the 
word "bond" shall mean a bond issued by a farmland 
bank and secured by mortgages upon farm lands; the word 
"farm" shall mean any tract of land of not less than two 
acres, cultivated or managed wholly or principally for the 
purpose of obtaining a revenue from the sale of farm, dairy, 
or poultry products; the words "farm land" shall mean 
any land, improved or unimproved, having a present or 
potential value for agricultural purposes and comprising the 
whole or a part of a, farm in this commonwealth; the word 



General Acts, 1915. — Chap. 231. 215 

"board" shall mean the board of bank incorporation au- 
thorized by section four of chapter two hundred and four 
of the acts of the year nineteen hundred and six; and the 
word "commissioner" shall mean the bank commissioner 
of the commonwealth. 
This act may be cited as The Farmland Bank Law. 

INCORPORATION. 

Section 2. Ten or more persons resident in this com- incorporators. 
monwcalth, who have associated themselves by an agree- 
ment in writing with the intention of forming a farmland 
bank for the purpose of promoting rural mortgage' credit, 
may, with the consent of the board of bank incorporation, 
become a corporation upon complying with all of the pro- 
visions of this act. The board is hereby authorized to 
grant such consent wiien it is satisfied that the proposed field 
of operation is favorable to the success of a farmland bank, 
and that the standing of the proposed incorporators is 
such as to give assurance that its affairs will be administered 
in accordance with the spirit of this act. The words " Farm- 
land Bank" shall be a part of the corporate name of every 
corporation organized under the provisions of this act, and 
the word "Farmland" shall not be used in the corporate 
name of any other corporation doing business in this com- 
monwealth. 

* POWERS. 

Section 3. Every corporation which is subject to the powers and 
provisions of this act shall have the following powers and p'"'^'''^^''^- 
privileges and shall be subject to the following liabilities and 
restrictions : — 

First. — To adopt and use a corporate seal. 

Second. — To have perpetual succession in its corporate 
name unless dissolved according to the provisions of this 
act. 

Third. — • To make contracts, incur liabilities and borrow 
money as hereinafter provided. 

Fourth. — To sue and be sued in its corporate name, 
and to prosecute or defend to final judgment, execution or 
decree in any court of law or equity. 

Fifth. — To elect not less than six nor more than fifteen 
directors, a treasurer, clerk, and auditing committee, and, 
by its board of directors, to elect a president, vice president, 
committee on loans, and other officers and agents, and to fix 



216 General Acts, 1915. — Chap. 231. 

^rivfkea"'^ the compensation of all directors, officers and committees 
and to define their duties. 

Sixth. — To make by-laws, not inconsistent with the laws 
of this commonwealth, for regulating its government and 
for the administration of its affairs as herein provided. 

Seventh. — To make loans upon farm lands anywhere 
within the commonwealth: provided, 
Proviso. (a) That such loans shall be made for a term not longer 

than thirty-five years, and shall be secured by a first mortgage 
on farm lands. 

(6) That no loan shall exceed fifty per cent of the value 
of the mortgaged property, the value to be determined by 
an appraisal by the committee on loans as hereinafter pro- 
vided. 

(c) That every mortgage for a period longer than five 
years shall contain a mandatory provision for the amor- 
tization of the loan at maturity, or reduction of the same 
by annual, semi-annual, or quarterly payments on account 
of principal. 

{d) That every loan, for a period longer than five years, 
or any unpaid balance thereof, may be paid off in whole or 
in part by the borrower, in accordance with rules to be 
prescribed by the said bank and approved by the com- 
missioner, at any interest period after such loan has con- 
tinued for five years. 

(e) That the total amount loaned to any one individual 
or corporation shall never at any time exceed ten per cent 
of the total amount of the then paid-in land reserve fund 
and surplus. 

(/) That no loan shall be made by any bank upon the 
security of its own land reserve certificates, or the certificates 
of any other farmland bank. 

Eighth. — To issue, sell and trade in its own collateral 
trust bonds, which shall be known and described as farm- 
land bonds and shall be secured, as hereinafter provided, 
by the deposit of first mortgage notes on farm lands and 
the mortgages securing the same. 

ORGANIZATION. 

Organization. SECTION 4. Farmland banks shall be organized under 
the provisions, so far as applicable, of sections two to six, 
inclusive, of chapter three hundred and seventy-four of 
the acts of the year nineteen hundred and four, as amended 



General Acts, 1915. — Chap. 231. 217 

by section four of chapter two hundred and four of the acts 
of the year nineteen liuuflred and six, and any other amend- 
ments thereof, except that the fee for fihng and recorcHng Fee. 
the articles of organization, inchiding the • issuing by the 
secretary of the commonwealth of the certificate of incor- 
poration, shall be five dollars. 

The provisions relating to supervision by the bank com- Bankcom- 

n I'll pijoi 11 1 missioner to 

missioner, so tar as applicable, or chapter live hundred and supervise. 
ninety of the acts of the year nineteen hundred and eight 
and any amendments thereof, shall apply to banks incor- 
porated under this act. 

BY-IAWS. 

Section 5. The by-laws may prescribe, subject to the By-iaws. 
provisions of this act, the name of the corporation, the 
purposes for which it is formed, the location of the principal 
office, the time and place of holding and the manner of con- 
ducting its meetings, the number of shareholders and directors 
necessary to constitute a quorum, the powers and duties of 
its directors and officers, the expediency of providing for 
an executive committee and the number of members thereof 
and the duties which may be delegated to it, the amount 
of the treasurer's bond and the expediency of requiring 
bonds of other officers or directors of the bank, and the 
amount of such bonds, the conditions under which a new 
certificate of stock may be issued in place of a certificate 
which is alleged to have been lost or destroyed, the requisite 
notice and advertisement v.dien bonds are called before 
maturity, the method in general of transacting its business, 
and the manner by which the by-laws may be altered, 
amended or repealed. 

FISCAL YEAR. 

Section 6. The fiscal year of every farmland bank shall ^''"'''' ■^^^'■■ 
end at the close of business on the last business day of 
October. 

DIRECTORS, OFFICERS AND COMMITTEES. 

Section 7. The business of every bank subject to Directors, 
this act shall be managed and conducted by a board of not commutees, 
less than six nor more than fifteen directors, a president, a ®^''" 
vice president, a clerk, a treasurer, a committee on loans of 
five members, an auditing committee of three members, 
and such other officers, committees and agents as the by- 



218 



General Acts, 1915. — Chap. 231. 



Directors, 
offiocr-i and 
committees, 
etc. 



laws may authorize. The clerk, treasurer, board of directors, 
and auditing committee shall be elected annually by ballot 
by the shareholders. The president, vice president, and 
committee on loans shall be elected annually by ballot by 
the board of directors. The president and vice president 
shall be chosen from the board of directors. Two thirds of 
the members of the board of directors shall be shareholders, 
and the remainder shall be borrowers from the bank who are 
not shareholders, if there is a sufficient number of such 
borrowers. All officers and the members of the auditing 
committee shall be shareholders. All officers and directors 
of the corporation shall be residents of the commonwealth 
and shall be elected for a term of one year and until their 
successors are duly elected and qualified. The manner 
of choosing or of appointing all other officers, committees, 
and agents, and of filling all vacancies shall be prescribed 
by the by-laws, and, in default of such by-law, vacancies 
may be filled by the board of directors, except vacancies in 
the auditing committee. 



Directors and 
otTicers, powers 
and duties. 



POWERS AND DUTIES OF DIRECTORS AND OFFICERS. 

Section 8. The board of directors shall exercise all the 
powers of the corporation, except as is otherwise provided 
by law or by the by-laws of the corporation. A bank may, 
in its by-laws, provide for an executive committee to be 
elected by and from its board of directors. To such com- 
mittee may be delegated the management of the current 
and ordinary business of the bank, and such other duties 
as the by-laws may prescribe. The duties of the officers 
shall be defined in the by-laws. Officers of the bank shall 
be sworn to the faithful discharge of their duties. The 
treasurer shall be required, and any other officer entrusted 
with the property of the bank may be required, to give a 
bond in such sinn and with such sureties as the by-laws may 
prescribe. The clerk shall record all votes of the corporation 
in a book to be kept for that purpose. 



Loans, how 
made. 



committee on loans. 



Section 9. The committee on loans shall approve in 
writing an application for a loan before the same shall be 
granted. Every application for a loan shall be made in 
writing and shall state the purpose for which the loan is 



General Acts, 1915. — Chap. 231. 219 

desired. No loan shall be made, except as is hereinafter 
provided, unless the committee on loans is satisfied that it 
tends to benefit the borrower and to develop agricultural 
resources, nor unless it has received the approval in writing 
of a majority of the members of the committee, who shall 
certify after an examination that in their best judgment the 
loan to be made does not exceed fifty per cent of the value 
of the property. An applicant for a loan which has been Appeal, 
refused l\y the committee on loans may appeal to the board 
of directors, who are hereby given authority to approve and 
authorize loans on appeal from the committee. 

AUDITING COMMITTEE. 

Section 10. The auditing committee shall inspect the Auditing com- 
securities, cash and accounts of the bank, and shall employ anddutfes^'^ 
accountants, authorized by law to examine savings banks, 
to audit the books, records and accounts, and may do so 
without previous notice to the directors or officers and 
with such frequency and at such times as they deem necessary 
or expedient. At the annual meeting of the shareholders 
the committee shall submit its report, including the results 
of audits made during the year, and such recommendations 
as it may desire to make. At any time it may, by a majority 
vote, call a meeting of the shareholders to consider any 
violation of this act or of the by-laws, or any matter relating 
to the affairs of the bank which, in the opinion of said com- 
mittee, requires action on the part of the shareholders. 
The committee, unless otherwise provided in the by-laws, 
shall prescribe the method of keeping the mortgage register, 
of holding and preserving the mortgages and other securities, 
of crediting payments on mortgages, of cancelling mortgages, 
and of releasing the liens of mortgages. The committee 
shall also ascertain that all mortgages, deeds, assignments 
and other evidences of title to real estate have been duly 
recorded according to law, and, in the event of failure on the 
part of the proper officers to record any such instrument, 
the auditing committee shall certify such fact upon the 
records of the bank, and such officers shall be liable in 
damages to the bank for any loss sustained by reason of 
the failure to record such instrument. The auditing com- 
mittee shall fill vacancies in its own membership until the 
next annual meeting of the shareholders. 



220 



General Acts, 1915. — Chap. 231. 



Dates of 
meetings. 



Certain meet- 
ings, how 
called. 



MEETINGS. 

Section 11. The annual meeting of the corporation 
shall be held at such time and place as the by-laws shall 
prescribe, but it must be held within thirty days after the 
close of the fiscal year. Special meetings of the shareholders 
may be called by the president, or by a majority of the 
directors or of the auditing committee, and shall be called 
by the clerk upon written application of three or more 
shareholders who hold at least one tenth part in interest of 
the capital stock, stating the time, place and purpose of 
the meeting. JNIeetings of the board of directors shall be 
held at least quarterly. Notice of all meetings of the share- 
holders and of the board of directors and of committees 
shall be given in the manner prescribed in the by-laws, but 
at least seven days' notice shall be given of all meetings 
of the shareholders, which notice shall state the purposes for 
which the meeting is called. Meetings of the shareholders 
may be held without notice if all the shareholders waive 
notice in writing and such waiver is filed with the records of 
the meeting. Meetings of the board of directors may be 
held without notice if all members thereof waive notice in 
writing and such waiver is filed with the records of the 
meeting. INlcetings of committees may be held without 
notice if all members thereof waive notice in writing. All 
meetings of the shareholders and of the board of directors 
shall be held within the commonwealth. If, by reason of 
the death or absence of the officers of a corporation or other 
cause, there is no person duly authorized to call or preside 
at a legal meeting, or if the clerk or other officer refuses or 
neglects to call it, a justice of the peace may, upon written 
application of three or more of the shareholders, issue a 
warrant to any one of them, directing him to call a meeting 
by giving such notice as is required by law, and may, by the 
same warrant, direct him to preside at the meeting until a 
clerk is duly chosen and qualified, if no officer of the cor- 
poration is present who is legally authorized to preside. 



Quorum and 
proxies. 



QUORUM AND PROXIES. 

Section 12. Unless the by-laws otherwise provide, a 
majority in interest of all shares issued and outstanding 
shall constitute a (piorum at a meeting of the corporation, 
and a majority of the members shall constitute a quorum 



General Acts, 1915. — Chap. 231. 221 

at a meeting of the board of directors or of any committee. 
No corporation shall, directly or indirectly, vote upon any 
share of its own stock. Shareholders shall have one vote 
for each share of stock owned by them. Executors, ad- 
ministrators, guardians, trustees or persons in any other 
representative or fiduciary capacity may > vote as share- 
holders upon shares held in such capacity. Shares owned 
by any corporation may be voted by any duly authorized 
ofHcer or agent thereof. Shareholders may vote either in 
person or by proxy. No proxy which is dated more than 
six months prior to the meeting named therein shall be 
valid, and no proxy shall be valid after the final adjourn- 
ment of the meeting for which it was issued. 



LAND RESERVE FUND. 

Section 13. The capital stock of a farmland bank Land reserve 
shall not be less than fifty thousand dollars nor more than 
five hundred thousand (hollars and shall be hekl by the bank 
as a separate fund, to be known as the Land Reserve Fund. 

The par value of shares in the Land Reserve Fund shall be 
five dollars or any multiple thereof not exceeding one hun- 
dred dollars. 

No person shall directly or indirectly hold or own more 
than ten per cent of the shares in a farmland bank exclusive 
of any shares which he may hold as collateral security. 

Any bank, at a meeting duly called for the purpose, by ^Jr^'or^aJoi/"' 
vote of the majority of its shares outstanding, may amend amendments, 
its articles of incorporation to authorize an increase or a 
reduction in the amount of its capital stock, and in the 
case of an increase may determine the terms and the manner 
of the disposition of such additional stock, but in no event 
shall the capital stock be increased to an amount exceeding 
five hundred thousand dollars, nor reduced to an amount 
less than fifty thousand dollars. If an increase in the total 
amount of the capital stock shall have been authorized by 
vote of the shareholders in accordance with the provisions 
hereof, the articles of amendment shall also set forth the 
total amount of capital stock previously authorized and 
a statement that the increased amount of capital stock 
has all been paid in in cash, and the bank commissioner 
shall in no case approve a certificate showing an increase 
of capital stock until he is satisfied that such ])ayment in 
full has been made to the bank. If a reduction of the 



222 



General Acts, 1915. — Chap. 231. 



Articles of in- 
corporation, 
amendments. 



capital stock shall have been authorized by the share- 
holders in accordance with the provisions hereof, the articles 
of amendment shall also set forth the total amount of capital 
stock previously authorized, the amount of the reduction 
and the manner in which it shall be effected, and a copy 
of the vote authorizing the reduction. No reduction of 
capital stock shall be lawful which renders the bank bank- 
rupt or insolvent, but the capital stock may be reduced, if 
the assets of the bank are not reduced thereby, by the sur- 
render by every shareholder of his shares and the issue to 
him in lieu thereof of a proportional decreased number of 
shares and such reduction shall not create any liability of 
the shareholders of such bank in case of the subsequent 
bankruj^tcy of such bank. 



WHO MAY BE SHAREHOLDERS. 

Rhfirehoiders. Section 14. Any person, firm, association, society, or 
organization, and any co-operative bank, credit union, 
trust company, or other corporation may purchase and 
hold shares in any farmland bank, subject to the provisions 
of any laws expressly prohibiting or restricting investment 
therein by any such corporation, association, society or 
organization. 

LAND RESERVE CERTIFICATES. 

cirtilicX^^ Section 15. Every shareholder shall be entitled to a 
land reserve certificate in a form approved by the com- 
missioner, which shall be signed by the president and by 
the treasurer of the corporation, shall be sealed with its seal, 
and shall certify that the holder is the owner of the number 
of shares represented by the certificate. Land reserve cer- 
tificates may be transferred upon the books of the corpora- 
tion in accordance with the laws relating to the transfer of 
stock in general business corporations. The directors of a 
farmland bank may, unless otherwise provided by the by- 
laws, determine the conditions upon which a new certificate 
may be issued in place of any certificate which is alleged to 
have been lost or destroyed. 



Bond issues. 



BONDS. 



Section 10. Farmland bonds in a form approved by 
the commissioner may be issued by a bank by vote of its 
board of directors Avhenever the bank holds as mortgagee 



General Acts, 1915. — Chap. 231. 223 

farm land mortgages of a term longer than five years in Bond issues, 
amount sufficient to secure such issue. Eacli issue of bonds *'*'^' 
shall constitute a separate series and shall be so designated, 
the first series being designated as "Series One of Farmland 
Bonds of the Farmland Bank", and subsequent 

series accordingly. No series shall be issued for less than 
an aggregate sum of ten thousand dollars nor for more than 
ninety-five per cent of the amount of the mortgages against 
which it is issued. Bonds may be issued in denominations 
of fifty dollars or any multiple thereof, but no bond shall 
be for a larger amount than one thousand dollars. Bonds 
may bear such rate of interest as may be determined by 
the directors, 1)ut not exceeding five per cent per annum. 
They shall he payable on a date specified and shall be subject 
to call by the bank at two per cent abo^'e par with accrued 
interest at any interest period after the date of issue, or 
after a date specified in the bond, after such notice and 
advertisement as may be provided in the by-laws, or, if 
no provision is made in the by-laws, as shall be approved 
by the commissioner. JNIortgages pledged as collateral 
security for bonds of any series shall be kept at all times in 
the possession and under the control of the bank, or, upon 
direction of the commissioner, sliall be deposited with a 
trustee who shall be appointed by the bank with the approval 
of the commissioner, and shall hold the mortgage notes 
and mortgages for the bond holders. As the amortization 
payments are received and credited upon the mortgage 
notes so deposited as security, the bonds issued by the 
bank and secured thereby shall be called and paid, or pur- 
chased in the open market and retired, to the extent of the 
payments received, and credited upon the mortgage notes 
hekl as security therefor, under rules and regulations adopted 
by the bank with the appro^'al of the commissioner, or the 
payments so received may be deposited by the bank, or, 
if a trustee has been appointed, shall be paid over to the 
trustee, to be deposited at interest as an amortization fund 
to meet the payment of the notes at maturity. Only mort- 
gages for a period longer than five years shall be pledged 
as collateral for farmland bonds. Bonds issued by any Bonds to be 
bank in accordance with the provisions of this act shall be metu. '"^'*''' ' 
a legal investment (1) for any savings bank or trust company 
to an amount not exceeding one fifth of the deposits of such 
savings bank or trust company; (2) for trust funds and 
estates and for funds and estates under the jurisdiction of 



224 



General Acts, 1915. — Chap. 231. 



or administered by any of the courts of the commonweahh; 
(3) for insurance companies as defined and prescribed by 
section thirty-seven of chapter five hundred and seventy- 
six of the acts of the year nineteen hundred and seven, and 
any amendment thereof; (4) for surphis funds of co-opera- 
tive banks in addition to the investments authorized by 
section eleven of chapter one hundred and fourteen of the 
Revised Laws; (5) for the sinking funds of the common- 
wealth or of anv countv or citv or town thereof. 



Investments. 



Proviso. 



INVESTMENTS. 

Section 17. The land reserve fund, and the surplus 
fund to the amount of one fourth of the land reserve fimd, 
shall be invested only in (1) first mortgages upon farm 
lands, which shall have the approval of the committee on 
loans or the board of directors as herein provided; (2) 
bonds and notes which are at the time of their purchase 
legal investments for savings banks in this commonwealth; 
(3) investments, other than real estate and mortgages upon 
real estate, which shall be approved by the commissioner: 
jJrovided, that the surplus fund, when other funds of the 
bank are not sufficient, may be expended in meeting the 
accruing obligations and necessary current expenses of con- 
ducting the business of the bank. Any uninvested portion 
of the land reserve fund or the surplus fund may be de- 
posited, pending investment, in any national bank or trust 
company in the commonwealth. 



Real estate 
holdings. 



Proviso. 



HOLDINGS OF REAL ESTATE. 

Section IS. A farmland bank may purchase and hold 
real estate only as provided in this section: 

First. — It may own the building in which its offices are 
located, and may lease such portion of the building as may 
not be required for the business of the bank: yrovided, that 
no part of the land reserve fund or the surplus fund required 
by the provisions of this act shall be invested in the purchase 
of such building. 

Second. — It may hold real estate acquired by the fore- 
closure of mortgages owned by it, or by purchase at sales 
made under the provisions of such mortgages, or upon 
judgments for debts due to it, or in settlements effected to 
secure such delfts, but all such real estate shall be sold by 
the bank within five vears after the title thereof is vested 



General Acts, 1915. — Chap. 231. 225 

in it, unless the commissioner upon petition of the committee 
on loans of such bank for cause shall grant additional time 
for the sale of such real estate. 

LOANS. 

Section 19. Loans shall be made only upon security of ^'JfJfandTate 
first mortgages upon farm lands. The rate of interest upon of interest. 
loans shall in no event be more than six per cent, but an 
additional charge to the borrower may be made, to be applied 
to the cost of administering the affairs of the bank, which 
charge in no case shall exceed one per cent of the amount 
unpaid on the loan and shall be paid in annual, semi-annual, 
or quarterly payments at the same time that the interest 
is paid. The rate of interest upon loans for a period longer 
than five years shall not exceed the rate of interest upon the 
bonds secured thereby by more than one per cent annually 
upon the amount unpaid on the loan. 

Upon loans for a period longer than five years amor- Payments. 
tization payments shall be made in such amounts as shall 
be stated in the mortgage note and mortgage, which amounts 
shall be sufficient to pay the principal in full at maturity 
and shall be payable in equal annual, semi-annual, or 
quarterly payments at the same time that the interest is 
paid. A borrower may pay the amount of his mortgage 
loan or any part thereof on any interest day by surrendering 
at par and accrued interest bonds of the series for which his 
mortgage is pledged as security. 

Fines may be imposed upon borrowers for failure to pay Fines, 
interest or amortization payments promptly, but such fines 
shall not exceed one half of one per cent per month upon 
the unpaid part of the loan for the time that the default 
continues. In no event shall fines for more than six months 
upon any one default be collected. 

DIVIDENDS ANT) SURPLUS. 

Section 20. The directors may from time to time de- Dividends 
clare dividends to be paid out of the profits of the bank, -"^"'^ ^"'■p'"^- 
but no dividend shall be declared unless the combined 
amount of the land reserve and surplus funds is ec^ual to 
five per cent of the par value of the bonds outstanding at 
the time the dividend is declared. No dividend shall be 
declared exceeding six per cent per annum upon the par 
value of the land reserve certificates outstanding, except as 



226 



General Acts, 1915. — Chap. 231. 



Dividends 
and surplus. 



is hereinafter provided. Net earnings in excess of the 
dividend declared shall annually be carried to surplus until 
the surplus fund shall equal twenty-five per cent of the 
land reserve fund. Dividends shall be cumulative only 
after the surplus fund shall have been established and main- 
tained equal to twenty-five per cent of the land reserve 
fund. Any profit not required to maintain the land reserve 
and surplus funds, and to pay cumulative dividends not ex- 
ceeding six per cent per annum, may be carried in amount 
not exceeding fifty per cent to surplus until the surplus fund 
shall equal the land reserve fund, and any amount not 
carried to surplus shall be annually divided in equal shares 
of which one half shall be placed to the credit of the bor- 
rowers in amounts in proportion to their loans unpaid at 
the time of such distribution, and the remaining half shall 
be paid as an extra dividend upon the outstanding land 
reserve certificates. 



Exemption 
from taxation. 



EXEMPTION FROM TAXATION. 

Section 21. All property of a bank incorporated under 
the provisions of this act, except real estate, and all land 
reserve certificates and farmland bonds issued by the bank, 
shall be exempt from state and local taxation, except legacy 
and succession taxes. 



Articles of 
amendment, 
when to take 
effect. 



Fee. 



Dissolution. 



ARTICLES OF AMENDMENT. 

Section 22. No amendment for alteration of the agree- 
ment of association or articles of organization shall take 
effect until said articles of amendment, signed and sworn 
to by the president, treasurer and a majority of the directors, 
shall have been approved by the commissioner and filed in 
the office of the secretary of the commonwealth. The fee 
for filing and recording such articles of amendment shall be 
five dollars. 

dissolution. 

Section 23. A farmland bank may be dissolved by vote 
of its shareholders, representing two thirds in amount of 
the shares issued and outstanding, at any meeting called 
for the purpose after due notice to all shareholders in accord- 
ance with the provisions of the by-laws. The bank shall 
be dissolved in accordance with rules and regulations pre- 
scribed by the bank commissioner. In case of dissolution, 



General Acts, 1915. — Chap. 232. 227 

after all obligations of the bank have been paid, or due dlssotuUonr* 
provision made for their payment at maturity, the remain- ^r'ibu'ted. 
ing assets of the bank available for distribution shall be 
distributed between the borrowers and shareholders in the 
manner hereinbefore provided for the distribution of surplus 
earnings of the corporation between the borrowers and 
shareholders. In the event that the original borrower has 
sold the mortgaged premises and the purchaser has assumed 
and agreed to p^iy the mortgage, the purchaser, by assuming 
the mortgage, shall succeed to all rights of the borrower 
and shall be entitled to receive any share of the borrower 
in any distribution of surplus, and in any distribution of 
assets of the corporation in dissolution. 

Approved May 6, 1915. 

An Act to provide for the improvement of the high- Chav. 232 

WAY LEADING FROM MILFORD TO SOUTHBOROUGH THROUGH 
HOPKINTON. 

Be it enacted, etc., as follows: 

Section 1. In addition to any sums heretofore appro- i™'?'""Y*?"?f"'^ 
priated for the purpose, the IMassachusetts highway com- lendinc from 
mission is hereby authorized to expend the sum of five souUiborou^h 
thousand dollars during the present year in the construction Hopkinton. 
and improvement of the highway between the existing high- 
way in the town of Milford, at a point near the Milford 
Pine GroA'e cemetery, leading through Hopkinton to the 
existing highway in the town of Southborough at the point 
where the highway from Hopkinton enters the town of 
Southborough at the Cordaville railroad bridge, in order 
that said way may be made safe and convenient for public 
travel. Neither said way nor any part thereof shall thereby 
become a state highway, but the way shall be maintained 
and kept in good repair by the town or towns in which it is 
situated, until such time as it shall become a state high- 
way. This act shall not be construed as prohibiting the 
laying out and construction of said way or any part thereof 
as a state highway under the laws applicable thereto, when- 
ever said commission shall deem it expedient so to do. Any 
unexpended balance of the sum hereby authorized to be 
expended may be used in the succeeding year for the same 
purpose. 

Section 2. For the purpose of meeting the expendi- stato Highway 
tures hereby authorized, the treasurer and receiver general 



228 General Acts, 1915. — Chap. 233. 

|*„^^*^^'shway is hereby empowered, with the approval of the governor 
and council, to issue scrip or certificates of indebtedness to 
an amount not exceeding ten thousand dollars for a term 
not exceeding ten years. Such scrip or certificates of in- 
debtedness shall be issued as registered bonds, or with 
interest coupons attached, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi- 
annually. They shall be designated on their face, State 
Highway Loan, shall be countersigned by the governor and 
shall be deemed a pledge of the faith and credit of the com- 
monwealth; and the principal and interest thereof shall be 
paid at the time specified therein in gold coin of the United 
States or its equivalent. They shall be sold at public 
auction, or disposed of in such other manner, at such times 
and prices, in such amounts and at such rates of interest, 
not exceeding the rate above specified, as shall be deemed 
best. 

Section 3. This act shall take effect upon its passage. 

Approved May 8, 1015. 

Chap. 2^^ An Act relative to the taxation of national banks. 

Be it enacted, etc., as follows: 
Annual return Section 1. Ev^cry national bank located in this com- 

to tax com- iii«i« 

missioner. monwcalth which now IS or hereafter may be empowered 
to act as trustee and in such capacity to hold personal 
property shall, annually, between the first and tenth days 
of April, make a return to the tax commissioner, signed and 
sworn to by some officer of the bank, of all personal property 
held upon any trust on the first day of April, whether such 
property is held by said bank singly or jointly with others, 
which would be liable to taxation if held by any other trustee 
residing in this commonwealth, the name of each city and 
town in this commonwealth where any beneficiaries resided 
on said day, the aggregate amount of such property then 
held for all the beneficiaries resident in each of such places, 
and also the aggregate amount held for beneficiaries not 
Tax to be paid rcsidcnt in this commonwealth. Every such bank shall 
rpclite^r-'^^'^ ^"'^ annually pay to the treasurer and receiver general a tax to 
general. [jg asscsscd by the tax commissioner upon the total value 

of such personal property held in trust at the rate determined 
by him under the provisions of section six of chapter one 
hundred and ninety-eight of the acts of the year nineteen 
hundred and fourteen. 



General Acts, 1915. — Chap. 234. 229 

Section 2. All taxes paid into the treasury of the Distribution, 
commonwealth under the provisions of this act shall be ^ ^" ° ^^^' 
distributed, credited and paid to the several cities and 
towns thereof or shall be retained by the commonwealth 
in the same manner and to the same extent as taxes paid 
by trust companies under the provisions of section thirty- 
seven of Part III of chapter four hundred and ninety of 
the acts of the year nineteen hundred and nine, as amended 
by chapter two hundred and sixteen of the acts of the year 
nineteen hundred and ten and by section one of chapter 
three hundred and eighty-three of the acts of the year nine- 
teen hundred and eleven. 

Section 3. This act shall take effect upon its passage. 

Approved May 8, 1915. 

An Act relative to the establishment by counties of (jjidj^ 234 

RETIREMENT SYSTEMS FOR THEIR EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (/) of section one of chapter six inii,634, §i, 
hundred and thirty-four of the acts of the year nineteen '^^°" ^°^'^" "^ ' 
hundred and eleven, as amended by chapter eight hundred 
and seventeen of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by striking out all 
after the word "county", in the tenth line, and inserting in 
place thereof the words: — and in the case of employees of 
any department or institution formerly administered by 
the commonwealth, or formerly administered in part by 
the commonwealth and in part by the county and later 
taken over by the county, service rendered prior to such 
transfer shall be counted as a part of the continuous service 
for the purposes of this act, — so as to read as follows: — 
(/) The words "continuous service" mean uninterrupted certain worda 
employment, with these exceptions: a lay-off on account of '^^^°^'^- 
illness or reduction of force; and a leave of absence, sus- 
pension or dismissal followed by reinstatement within one 
year. 

In the case of employees of the county who are now Estabiishmont 
paid wholly by it, but who at any prior period were em- ofreti^emont 
ployees of the county within the meaning of paragraph ^•^gl^'^n^!"'" 
(c) of this section and did not receive the whole or any pioyces. 
part of their compensation from said county, and in the 
case of employees of any department or institution formerly 
administered by the commonwealth, or formerly administered 



230 



General Acts, 1915. — Chap. 235. 



1911. 634, § 6. 
etc., amended. 



Pensions based 
upon prior 
service. 



in part by the commonwealth and in part by the county 
and later taken over by the county, service rendered prior 
to such transfer shall be counted as a part of the continuous 
service for the purposes of this act. 

Section 2. Section six of said chapter six hundred and 
thirty-four, as amended by section three of chapter eight 
hundred and seventeen of the acts of the year nineteen 
hundred and thirteen, is hereby further amended by in- 
serting after the word "annuity", in the tenth line of para- 
graph (2) C (b), the words: — and pension, — so that the 
said paragraph will read as follows : — (6) Pensions based 
upon prior service. Any member of the association who 
reaches the age of sixty years, having been in the continuous 
service of the county for fifteen years or more immediately 
preceding, and then or thereafter retires or is retired, and 
any member who completes thirty-five years of continuous 
service and then or thereafter retires or is retired, shall 
receive in addition to the annuity and pension provided for 
by paragraphs (2) B and C (a) of this section an extra pension 
for life as large as the amount of the annuity and pension to 
which he might have accpiired a claim if the retirement 
system had been in operation at the time when he entered 
the service of the county, and if accordingly he had paid 
regular contributions from that date to the date of the 
establishment of the retirement association at the same 
rate as that first adopted by the board of retirement, and 
if such deductions had been accumulated with regular 
interest. 

Section 3. This act shall take effect upon its passage. 

Approved May 8, 1915. 



Chap. 235 An Act to provide for the construction of a new 

BRIDGE between THE CITY OF BOSTON AND THE TOWN 
OF DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Boston, the chair- 
man of the county commissioners of the county of Norfolk 
and the chairman of the board of selectmen of the town of 
Dedham are hereby constituted a commission and are 
authorized, in behalf of the city of Boston, the county of 
Norfolk and the town of Dedham, respectively, to widen 
the existing bridge over the Charles river between the city 
of Boston and the town of Dedham, known as the Spring 



New bridge to 
be constructed 
between 
Roston and 
Dedham. 



General Acts, 1915. — Chap. 235. 231 

street bridge, without a draw, to a width not exceeding sixty 
feet, and at a cost not exceeding thirty thousand dollars. 
The commission shall serve without pay and shall appoint Commission 
an engineer who shall serve without pay and whose duty it ourpay, etc. " 
shall be to cause plans and specifications to be prepared for 
the bridge and to supervise its construction, the expense of 
preparing such plans and specifications and of inspection 
to be included in the cost of construction. The commission 
shall advertise for bids for the construction of the bridge in 
the City Record of the city of Boston and in such other 
publications as the commission may select. The contract 
for the construction shall be awarded by the commission 
to the lowest bidder who is competent and financially re- 
sponsible, but the commission may reject all bids, if in its 
opinion they are excessive, and may advertise for new bids. 
No contract for the construction of the bridge shall be Contract, when 
awarded until the city of Boston, the county of Norfolk and ' " 
the town of Dcdham, respectively, shall have made appro- 
priations sufficient to cover their respective shares of the 
cost of construction. 

Section 2. The cost of construction shall be distributed J);!,^'"'''"* °^ 
as follows: — fifty per cent to be paid by the city of Boston, 
the sum of twenty-five hundred dollars to be paid by any 
street railway company which shall have a location upon 
the bridge, and the balance to be paid in equal amounts 
by the coimty of Norfolk and the town of Dedham. The 
expenses incurred shall, as they accrue, be paid by the city 
of Boston upon requisition of the commission and upon 
approval by the auditor of said city. The commission is 
authorized to require said street railway company, the city 
of Boston, the county of Norfolk and the town of Dedham 
to pay into the treasury of the city of Boston such portions 
of their shares of the cost of construction, and at such times, 
as the commission shall direct. For the purposes of this 
act the city of Boston, the county of Norfolk and the town 
of Dedham, respectively, are authorized to make appro- 
priations from taxes, loans or revenue under the provisions 
of law relating to the construction of bridges, applicable to 
them respectively. 

Section 3. The approaches upon the Boston side of the Expenses of 
bridge shall be constructed and the expense thereof, in- '*''p''°^*' ®^- 
eluding land damages, shall be borne by the city of Boston; 
the approaches on the Dedham side shall be constructed 
and the expense thereof, including land damages, shall be 



232 



General Acts, 1915. — Chap. 236. 



Maintenance. 



Liability for 
suit for dam- 
ages, etc. 



Street railway 
company to 
make certain 
repairs, etc. 



borne by the town of Dedham; and the phxns for, and 
grades of said approaches shall be approved by the com- 
mission before the construction of either of the approaches 
is begun. No part of the cost of the approaches shall be 
reckoned as part of the cost of construction of the bridge. 

Section 4. After the completion of the bridge and its 
approaches, the cost of maintenance of the bridge, includ- 
ing the lighting and policing thereof, shall be divided equally 
between the city of Boston and the town of Dedham, but 
said city and town may at any time execute a written contract 
under which either municipality may assume the whole 
duty of such maintenance on such terms as may be agreed 
upon. Any suit for a defect or want of repair upon the 
Boston side of the bridge shall be brought against the city 
of Boston, and any suit for a defect or want of repair upon 
the Dedham side of the bridge shall be brought against the 
town of Dedham, and said city and town shall be liable, 
respectively, for any damages incurred by such defect or 
want of repair upon their respective sides of the britlge. 

Section 5. Any street railway company having a 
location upon the bridge shall keep that part of the roadway 
thereon which lies within its tracks and eighteen inches 
outside the tracks in reasonable repair and safe for public 
travel. The pavement on the bridge, including that part 
which said railway company is obliged under this act to 
keep in repair, and the base for such pavement shall be 
uniform in character, and all subseciuent repairs made by 
the city of Boston, the town of Dedham or said street railway 
company shall be made so as to preserve the uniformity of 
the pavement and the base thereof. 

Section G. The supreme judicial court, or any justice 
thereof, shall have jurisdiction in equity to enforce the 
provisions of this act. No member of the commission shall 
be under any personal liability by reason of any act done in 
pursuance of the authority given to the commission under 
this act. 

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

AjJprovcd May 8, 1015. 

C/iap.236 An Act relative to compensation to young and in- 
experienced workmen who receive injuries. 

Be it enacted, etc., as foUoivs: 

toTo'^mgand" Section 1. Whencvcr an employee is injured under 
inexperienced circumstanccs that would entitle him to compensation 



Enforcement 
of provisions. 



General Acts, 1915. — Chap. 237. 233 

under the provisions of chapter seven hundred and fifty-one workmen who 
of the acts of the year nineteen hundred and eleven, and acts '''^''"^'' mjunes. 
in amendment thereof and in addition thereto, if it be 
estabhshed that the injured employee was of such age and 
experience when injured that, under natural conditions, his 
Avages would be expected to increase, that fact may be taken 
into consideration in determining his weeklj^ wages. 
Section 2. This act shall take effect upon its passage. 

Aj) proved May 10, 1915. 

An Act relative to land takings and sales for non- QJidj) 237 

PAYMENT OF TAXES AND TO PROVIDE FOR THE REDEMPTION 
AND FORECLOSURE OF TAX TITLES. 

Be it enacted, etc., as follows: 

Section 1. Section forty-four of Part II of chapter i909, 490, Part 
four hundred and ninety of the acts of the year nineteen amended, 
hundred and nine, as amended by chapter three hundred 
and seventy of the acts of the year nineteen hundred and 
eleven, is hereby further amended by inserting after the 
word "convey", in the tenth line, the words: — to the 
purchaser, — and also by inserting after the word "taxes", 
in the twelfth line, the words:, — The title thus conveyed 
shall, until redemption or until the right of redemption is 
foreclosed as hereinafter provided, be held as security for 
the repayment of the purchase price, with all intervening 
costs, terms imposed for redemption and charges, with 
interest thereon, — so as to read as follows : — • Section 44- ^'^^'^^ siven 
The collector shall execute and deliver to the purchaser a collectors. 
deed of the land, which shall state the cause of sale, the 
price for which the land was sold, the name of the person on 
whom the demand for the tax was made, the places where 
the notices were posted, the name of the newspaper in 
which the advertisement of the sale was published, and 
the residence of the grantee, and shall contain a warranty 
that the sale has in all particulars been conducted according 
to law. The deed shall convey, to the purchaser, subject 
to the right of redemption, all the right and interest which 
the owner had in the land when it was taken for his taxes. 
The title thus conveyed shall, until redemption or until the Title to be 
right of redemption is foreclosed as hereinafter provided, be ^e^ci^Ty, etc. 
held as security for the repayment of the purchase price, 
with all intervening costs, terms imposed for redemption 
and charges, with interest thereon, and the premises con- 
veyed shall also be subject to and have the benefit of all 



234 



General Acts, 1915. — Chap. 237. 



1909, 490, Part 
II, § 55, 
amended. 



Instrument of 
taking, form, 
contents, etc. 



Title to be 
absolute, etc. 



Redemption of 
title. 



easements and restrictions lawfully existing in, upon or 
over said land or appurtenant thereto when so taken. Such 
deed shall not be valid unless recorded within thirty days 
after the sale, and if recorded within said time it shall be 
prima facie evidence of all facts essential to its validity. 

Section 2. Section fifty-five of Part II of said chapter 
four hundred and ninety is hereby amended by adding at 
the end thereof the words : — Such title, and also the title 
conveyed by a deed or taking under the provisions of chapter 
fifty-six of the General Acts of the year nineteen hundred 
and fifteen shall, until redemption or until the right of 
redemption is foreclosed as hereinafter provided, be held as 
security for the re-payment of said taxes with all intervening 
costs, terms of redemption and charges, with interest thereon, 
— so as to read as follows : — Section 55. The instrument 
of taking shall be under the hand and seal of the collector 
and shall contain a statement of the cause of taking, a 
substantially accurate description of each parcel of land 
taken, the name of the person to whom the same was assessed, 
the amount of the tax thereon, and the incidental expenses 
and costs to the date of taking, and shall be recorded in the 
registry of deeds; and the title to the land so taken shall 
thereupon vest in the cit}^ or town subject to the right of 
redemption. Such title, and also the title conveyed by a 
deed or taking under the provisions of chapter fifty-six of 
the General Acts of the year nineteen hundred and fifteen 
shall, until redemption or until the right of redemption is 
foreclosed as hereinafter provided, be held as security for 
the re-payment of said taxes with arr~mtervcning "costs, 
terms of redemption and charges, with interest thereon. 

Section 3. The title conveyed by a tax collector's deed 
or by a taking of land for taxes shall be absolute after fore- 
closure of the right of redemption by decree of the land 
court as hereinafter provided. The land court shall have 
exclusive jurisdiction for the foreclosure of all rights of re- 
demption from titles conveyed by a tax collector's deed or 
a taking of land for taxes, in a proceeding hereinafter pro- 
vided for. 

Section 4, After two years from the date of a sale by 
the collector of taxes or the taking of land for taxes, the 
purchaser of a title thereby acquired or the assignee or 
holder of the same, or, in case of a taking, the city or town, 
may bring a petition in the land court for the foreclosure 
of all rights of redemption thereunder. Such petition shall 



General Acts, 1915. — Chap. 237. 235 

be made in the form to be prescribed by the said court and 
shall contain a description of the land to which it is to 
apply, with the assessed valuation thereof, shall set forth 
the petitioner's source of title, giving a reference to the 
place, and book and page of record, and such other facts as 
may be necessary for the information of the court. Two or 
more parcels of land may be included in any petition brought 
by a city or town, whether under a taking or as holder or 
purchaser of such title or titles. 

Section 5. Upon the filing of such a petition the court Notices. 
shall forthwith cause to be made by one of its official ex- 
aminers an examination of the title sufficient only to de- 
termine the persons who may be interested in the same, 
and shall upon the filing of the examiner's report notify all 
persons appearing to be interested, whether as equity owners, 
mortgagees, lienors, attaching creditors or otherwise, of the 
pendency of the petition, the notice to be sent to each by 
registered mail and return of receipt required; the addresses 
of respondents, so far as may be ascertained, being furnished 
by the petitioner. Such other and further notice by publica- 
tion or otherwise shall be given as the court may at any 
time order. The notice, to be addressed "to all whom it 
may concern", shall contain the name of the petitioner, 
the name of all known respondents, a description of the 
land and a statement of the nature of the petition, shall 
fix the time within which appearance may be entered, and 
shall contain a statement that unless the party notified 
shall appear within the time fixed a default will be recorded, 
the petition taken as confessed, and the right of redemption 
forever barred. 

Section 6. After the return day fixed, which shall be at Order of 
least twenty days after the time of the actual issuance of 
notice, the court shall, if satisfied that the notice has been 
properly given, on motion of the petitioner enter an order 
defaulting all persons failing to appear, and decreeing that 
the petition as to them be taken as confessed. 

Section 7. Any person claiming an interest, within ten Filing of 
days after entering his appearance or within such further *"^^®'' 
time as may on motion be allowed by the court, shall, if he 
desires to redeem, file an answer setting forth his right in 
the premises, together with all matters which in equity 
and good conscience entitle him to redeem, and an offer to 
redeem upon such terms as may be fixed by the court. 
Thereupon the court shall hear the parties, and, if good ^^^^1^^ ^^ 



236 



General Acts, 1915. — Chap. 237. 



Decree to bar 
redemption. 



Validity of 
title, how 
questioned. 



Trial by jury. 



Questions of 
law. 



Costs. 



cause shall be shown therefor, may make a finding allowing 
the party to redeem, within a time fixed by the court, upon 
payment to the petitioner of an amount sufficient to cover 
the original sum, costs and interest at the rate of eight per 
cent per annum, together with the costs of this proceeding 
and such counsel fee as the court may deem reasonable. 
The court may also impose such other terms as justice and 
the circumstances may warrant. 

Section 8. If a default shall be entered under section 
six or on motion for failure to file answ^er, or if redemption is 
not made within the time and upon the terms fixed by the 
court under section seven, or if at the time fixed for the 
hearing the person claiming the right to redeem does not 
appear to urge his claim, or if upon hearing the court shall 
determine that the facts shown do not entitle him to re- 
deem, a decree shall be entered which shall forever bar all 
rights of redemption. 

Section 9. If a person claiming an interest desires to 
raise any question concerning the validity of such a title, he 
shall do so by answer to be filed in this proceeding within ten 
days after filing his appearance, or within such further time 
as may on motion be allowed by the court, or else be forever 
barred from contesting or raising the question in any other 
proceeding. He shall also file specifications setting forth 
the matters upon which he intends to rely in order to defeat 
the title; and unless such specifications are so filed, all 
questions of the validity or invalidity of the title, whether 
in form of deed or proceedings relating to the sale or taking, 
shall be deemed to have been waived. Upon the filing of 
the specifications the court shall hear the parties, and shall 
enter a decree in conformity with the law on the facts found. 

Section 10. Any party may claim a jury trial within 
ten days after the filing of his answer, but unless so claimed 
the right to a trial by jury shall be deemed to have been 
waived. Upon such a claim issues shall be framed therefor 
in accordance with the practice in the land court. 

Section 11. Questions of law may be reported by the 
court or taken to the supreme judicial court for revision by 
any party aggrieved, in the same manner as in other pro- 
ceedings in the land court. 

Section 12. The petitioner, at the time of filing his 
petition, shall deposit with the recorder a sum sufficient to 
co^'e^ the costs of the proceedings as estimated by the 
court, and the fees chargeable by the court as the case pro- 



General Acts, 1915. — Chap. 237. 237 

ceeds shall be computed in accordance with the provisions 
of section one hundred and nine of chapter one hundred and 
twenty-eight of the Revised Laws, so far as they may be 
apphcable, except that the charge for examination of title 
shall be the actual amount allowed the title examiner by the 
court. The money paid into court as aforesaid by the 
petitioner shall be disbursed directly by the recorder for 
necessary expenses incurred, and the balance of fees charge- 
able in each finished case shall be paid over quarterly to 
the treasurer and receiver general of the commonwealth. 

Section 13. Practice and procedure under this act not Practice and 
herein otherwise provided for shall conform as nearly as 
possible to the land court practice, rules, regulations and 
procedure in relation to matters of land registration. 

Section 14. Notice of the filing of the petition for fore- Filing of 
closure and notice of the final disposition thereof shall be notic°s"fo^be 
recorded in the registry of deeds, as provided for in land '■<^'="'"^''"^'- 
registration proceedings. 

Section 15. The superior court shall have jurisdiction Jurisdiction 
as to redemption in all cases of taking or sale of land for courT'^""'^ 
the non-payment of taxes if relief is sought before pro- 
ceedings for the foreclosure of the right of redemption 
have been begun in the land court, and may grant such 
right of redemption or other relief as justice may require, 
fixing the terms therefor, or may refuse the same. The 
proceedings shall be begun by a bill as in equity, and mem- 
oranda, both of the beginning and of the final disposition 
thereof, shall be filed or recorded in the registry of deeds, 
similar to those required by the provisions of sections twelve 
and thirteen of chapter one hundred and thirty-four and 
sections se'\'enty-nine and eighty of chapter one hundred 
and twenty-eight of the Revised Laws. 

Section 16. Section fifty-nine of Part II of chapter four looo, 400, Part 
huuflred and ninety of the acts of the year nineteen himdred amended. 
and nine is hereby amended by striking out all after the first 
paragraph thereof, so as to read as follows: — Section 59. ^ffil^^^^^^ 
The owner of land taken or sold for payment of taxes, in- made. ' 
eluding those assessed under the provisions of sections 
sixteen, seventeen and eighteen of Part I, or his heirs or 
assigns, may, within two years after the taking or sale, 
redeem the same by paying or tendering to the collector, if 
the estate has been taken or purchased by the city or town, 
the amount of the tax, all intervening taxes, charges and 
fees, and interest on the whole at the rate of eight per cent 



238 



General Acts, 1915. — Chap. 237. 



1909, 490, Part 
I. § 86, 
amended. 



Re-assessment 
of taxes. 



Exemption 
from taxes. 



per annum; or by paying or tendering to the purchaser, or 
his legal representatives or assigns, the original sum and 
intervening taxes paid by him and interest on the whole at 
the rate of eight per cent per annum. In each case he shall 
also pay for examination of the title and for a deed of release 
not more than three dollars in the aggregate; and in addition 
thereto the actual cost of recording the tax deed or evidence 
of taking, and shall be credited with any rents and profits 
received by the purchaser. 

Section 17. Section eighty-six of Part I of said chapter 
four hundred and ninety is hereby amended by adding at 
the end thereof the following: — Whenever a tax title shall 
be finally adjudicated to be invalid by reason of any error 
or irregularity in the proceedings subsequent to the assess- 
ment, it may thereupon be re-assessed to the person appearing 
of record in the county or district in which the land lies to 
be the owner thereof at the time of such adjudication. No 
tax title shall be held to be invalid by reason of any errors or 
irregularities in the proceedings of the collector which are 
neither substantial nor misleading, — so as to read as fol- 
lows: — Section 86. Every tax except a poll tax, which is 
invalid by reason of any error or irregularity in the assess- 
ment and which has not been paid, or which has been re- 
covered back, may be re-assessed by the assessors for the 
time being, to the just amount to which, and upon the 
estate or to the person to whom, it ought at first to have been 
assessed, whether such person has continued an inhabitant 
of the same city or town or not. An alienation of the real 
estate assessed shall not, subject to the provisions relative 
to a lien contained in section thirty-six of Part II, defeat a 
re-assessment, if made within two years after the tax first 
assessed was committed to the collector. Whenever a tax 
title shall be finally adjudicated to be invalid by reason of 
any error or irregularity in the proceedings subsequent to 
the assessment, it may thereupon be re-assessed to the 
person appearing of record in the county or district in which 
the land lies to be the owner thereof at the time of such 
adjudication. No tax title shall be held to be invalid by 
reason of any errors or irregularities in the proceedings of 
the collector which are neither substantial nor misleading. 

Section 18. After the foreclosure by a city or town of 
the rights of redemption under a tax title or taking, as 
hereinabove provided, the land shall thereafter be held and 
disposed of like any land belonging to it and held for mu- 



General Acts, 1915. — Chap. 237. 239 

nicipal purposes, and shall not while so held be assessed for 
taxes. 

Section 19. Section sixty-seven of Part II of chapter looo, 490, Part 

TT & fi7 

four hundred and ninety of the acts of the year nineteen ameuded. 
hundred and nine is hereby amended by inserting after the 
word "shall", in the second line, the following: — until 
foreclosure of the title so acquired, — so as to read as 
follows : — Section 67. If land is taken or purchased by a Assessment of 
city or town, taxes shall, until foreclosure of the title so a%ity or town, 
acquired, be assessed thereon as though the same were not 
so taken or purchased; and shall be deducted from the 
proceeds of the final sale. 

Section 20. Section sixty-eight of Part II of said chapter ifioo, 490, Part 
four hundred and ninet}' is hereby amended by striking out amended, 
the word "redeems", in the first line, and inserting in place 
thereof the words : — has, prior to July first, nineteen hun- 
dred and fifteen, redeemed, — so as to read as follows: — 
Section 68. If no person has, prior to July first, nineteen Saieof 
hundred and fifteen, redeemed land taken or purchased by land taken by 
a city or town within the time prescribed by law, its collector ^ ""^^ °'^ *°^"" 
for the time being, without any vote or other special au- 
thority shall, within two years after the time for redemption 
has expired, sell the same by public auction, first giving the 
notice required by the provisions of section forty-one for 
sales for taxes; and if, from any cause, such sale shall not 
be made within two years, it shall be made by the collector 
when he deems best or at once upon the service upon him 
of a written demand of any person interested therein. The 
collector shall state in his notice of sale the smallest amount 
for which the sale will be made and shall, for the city or 
town, execute and deliver to the highest bidder therefor a 
quitclaim deed. He shall deduct from the proceeds of said 
sale the expense thereof, the amount named in the collector's 
deed or instrument of taking as due when the same was 
executed, all interest, charges and subsequent taxes and 
assessments thereon. The balance shall be deposited with 
the city or town treasurer to be paid to the person entitled 
to the land, if demanded within five years; otherwise it 
shall inure to said city or town. 

Section 21. Section seventy-one of Part I of said chapter iqoo, 490, Part 
four hundred and ninety, as amended by section one of amended*''" 
chapter six hundred and eighty-eight of the acts of the year 
nineteen hundred and thirteen, is hereby further amended 
by striking out the words "at the rate of six per cent per 



240 



General Acts, 1915. — Chap. 237. 



Interest on 
unpaid taxes. 



1909, 400, Part 
n, § 13, 
amended. 



Completion of 
collection of 
taxes by 
collo.ctor after 
expiration of 
term. 



Fees. 



annum", in the sixth and seventh Hnes, and inserting in 
place thereof the following: — at a specified rate of not less 
than six nor more than ten per cent per annum as such cit\' 
by its city council or such town or district may vote, — so 
as to read as follows: — Section 71. Taxes shall be payable 
ill every city and town and in every fire, water, watch or 
improvement district in which the same are assessed, not 
later than the fifteenth day of October of each year, and on 
all taxes so assessed remaining unpaid after the first day of 
November interest shall be paid, at a specified rate of not 
less than six nor more than ten per cent per annum as such 
city by its city council or such town or district may vote, 
from the fifteenth day of October until such taxes are paid; 
but a city, town, fire, water, watch or improvement district 
may by vote, ordinance or by-law charge interest from an 
earlier date, and such interest shall be added to and be a 
part of the taxes. 

Section 22. Section thirteen of Part II of said chapter 
four hundred and ninety, is hereby amended by inserting 
after the words "For a summons, twenty cents;" in the tenth 
line, the clause : — For the written demands provided for 
by laAV, twenty-five cents; by striking out from the clause 
fixing the amount of charges for obtaining affidavit the 
word "obtaining", and the words "of disinterested person", 
and by striking out from the clause fixing the amount of 
charges for recording affidavit the words "the register's 
fees", and by inserting in place thereof the words: — -fifty 
cents, — so as to read as follows: — Section 13. The 
collector shall, unless removed from office or unless his tax 
list has been transferred to his successor, complete the 
collection of the taxes committed to him, notwithstanding 
the expiration of his term of office. lie shall be allowed the 
following charges and fees and no other, which after they 
have accrued, shall be severally added to the amount of the 
tax: 

For an arrest, one dollar and actual travelling expenses 
incurred in making such arrest; 

For a summons, twenty cents; 

For the written demands provided for by law, twenty-five 
cents; 

For a warrant to distrain or arrest, fifty cents; 

For a copy of warrant and certificate under section twenty- 
four, one dollar; 

For preparing advertisement of sale, fifty cents; 



General Acts, 1915. — Chap. 237. 241 

For advertisement of sale in newspapers, the cost thereof; ^®^^- 

For posting notices of sale, fifty cents for each parcel of 
real estate seized or lot of goods distrained; 

For distraining goods, one dollar and the cost thereof; 

For selling goods distrained, the cost thereof; 

For affidavit, one dollar; 

For recording affidavit, fifty cents; 

For preparing deed, two dollars; 

For each hour's time actually expended in selling as 
certified by him under the provisions of section fifty, thirty 
cents; 

For service of demand and notice under the provisions of 
section fifty-four, if served in the manner required by law 
for the service of subpoenas upon witnesses in civil cases, 
fifty cents and travel as allowed by chapter two hundred 
and four of the Revised Laws. 

Section 23. Section fifteen of Part I of said chapter i909, 490, Part 
four hundred and ninety, as affected by section two of amended.*^" 
chapter one hundred and ninety-eight of the acts of the year 
nineteen hundred and fourteen, is hereby further amended 
by inserting after the word "thereof", in the eighth line, 
the words : — and so shall the person so appearing of record 
under a tax deed which is not invalid on its face, — so as to 
read as follows: — Section 15. Taxes on real estate shall be Land, where 
assessed, in the city or town in which the estate lies, to the tTxed" ™ °™ 
person who is either the owner or in possession thereof 
on the first day of April, and the person appearing of record, 
in the records of the county, or of the district, if such county 
is divided into districts, in which the estate lies, as owner on 
the first day of April, even though deceased, shall be held to 
be the true owner thereof, and so shall the person so appearing 
of record under a tax deed which is not invalid on its face. 
Except as provided in the three following sections, mortgagors 
of real estate shall for the purpose of taxation be deemed 
the owners until the mortgagee takes possession, after which 
the mortgagee shall be deemed the owner. 

Section 24. Section fifty-two of Part II of said chapter looo, 490, Part 
four hundred and ninety, is hereby amended by striking out amended, 
the first clause thereof, so as to read as follows : — Section Cost of sale. 
52. The cost of the sale shall be apportioned equally 
among all the lots sold, and the cost of the deed shall be 
apportioned equally among all the lots conveyed thereby. 

Section 25. Section three of chapter fifty-six of the 1015, se (o. 
General Acts of the year nineteen hundred and fifteen is ' ^^^^ 



242 



General Acts, 1915. — Chap. 238. 



Possession by 
city or town. 



Repeals. 



Time of taking 
effect. 



hereby amended by striking out all after the word "town", 
where it first occurs, so as to read as follows: — Section 3. 
The collector shall, within thirty days after the recording of 
said affidavit, take possession of said land in behalf of the 
city or town. 

Section 26. Section seventy-six of Part II of chapter 
four hundred and ninety of the acts of the year nineteen 
hinidred and nine, chapter five hundred and twelve of the 
acts of the year nineteen hundred and nine, and chapter 
eight hundred and twenty-four of the acts of the year nineteen 
hundred and thirteen, and all other acts and parts of acts 
inconsistent herewith are hereby repealed. 

Section 27. This act shall take effect on the first day of 
July, nineteen hundred and fifteen. 

Approved May 10, 1915. 



1914, 770, § 1, 
amended. 



Taxation of 
transfers of 
stock of 
corporations. 



C/iap. 238 An Act relative to the tax^vtion of transfers of 

STOCK. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seven hundred and 
seventy of the acts of the year nineteen hundred and fourteen 
is hereby amended by inserting after the word "cents", in 
the fourteenth line, the words : — It shall be the duty of 
the person making or eft'ectuating the sale or transfer to 
procure, affix and cancel the stamps and pay the excise 
imposed by this act, — so as to read as follows: — Section 1. 
There is hereby imposed and there shall immediately accrue 
and be collected an excise as herein provided on all sales or 
agreements to sell or memoranda of sales or deliveries or 
transfers of shares or certificates of stock in any domestic 
or foreign corporation made after the first day of December, 
nineteen hundred and fourteen, whether made upon or 
shown by the books of the corporation, or by any assign- 
ment in blank, or by any delivery, or by any paper or agree- 
ment or memorandum or other evidence of transfer or sale, 
whether or not entitling the holder in any manner to the 
benefit of such stock or to secure the future pa^'ment of 
money or the future transfer of any stock, on each one hun- 
dred dollars of face value or fraction thereof, two cents. It 
shall be the duty of the person making or effectuating the 
sale or transfer to procure, affix and cancel the stamps and 
Certain pay the excise imposed by this act. It is not intended by 

ttcT^d"*^' this act to impose an excise upon an agreement evidencing 



General Acts, 1915. — Chap. 238. 243 

the deposit of stock certificates as collateral security for transfers 
money loaned thereon, which stock certificates are not 
actually sold, nor upon such stock certificates so deposited; 
nor upon the transfer of stock certificates of a deceased 
person to his executor or administrator; nor upon the 
transfer of stock certificates by a trustee to his successor or 
co-trustee imder the same trust. The payment of the said ^!'ei'?®o''ij°e 
excise shall be denoted by an adhesive stamp or stamps si'own by 

StiXITlD OtC, 

affixed as follows: in case of sale where the evidence of 
transfer is shown only by the books of the company, the 
stamp shall be placed upon the said books; and where the 
change of ownership is by transfer of a certificate the stamp 
shall be placed upon the certificate; and in cases of an 
agreement to sell, or where the transfer is by delivery of the 
certificate assigned in blank, there shall be made and de- 
livered by the seller to the buyer a bill or memorandum of 
sale, to which the stamp provided for by this act shall be 
affixed; and every such bill or memorandum of sale or 
agreement to sell shall show the date thereof, the name of 
the seller, the amount of the sale, and the matter or thing to 
which it refers, and no further excise is hereby imposed upon 
the delivery of the certificate of stock, or upon the actual 
issue of a new certificate when the original certificate of 
stock is accompanied by the duly stamped memorandum 
of sale as herein provided. 

Section 2. Section four of said chapter seven hundred amendld.^^' 
and seventy is hereby amended by adding at the end thereof 
the words : — If any person fraudulently makes use of an 
adhesive stamp to denote the pajment of the excise imposed 
by this act without so effectually cancelling the same, 
he shall, upon conviction, pay a fine of not less than two 
hundred nor more than five hundred dollars, — so as to 
read as follows: — Section 4- In every case where an stamps to be 
adhesive stamp is used to denote the payment of the excise '^^^^^ p' . e c. 
provided for by this act, the person using or affixing the 
same shall write or stamp thereupon the initials of his name 
and the date upon which the same is attached or used, and 
shall cut or perforate the stamp in a substantial manner, 
so that the stamp cannot be used again. If any person Penalty for 
fraudulently makes use of an adhesive stamp to denote the '^° ^^^"'^ '"^' 
payment of the excise imposed l)y this act without so efiect- 
ually cancelling the same, he shall, upon conviction, pay a 
fine of not less than two hundred nor more than five hundred 
dollars. 



244 



General Acts, 1915. — Chap. 238. 



1914, 770, § 6. 
amended. 



Penalty for 
non-payment 
of tax. 



Penalty for 
removal or 
alteration of 
stamps. 



1914, 770, 
amended. 



Record of all 
sales or 
transfers of 
stock to be 
kept, etc. 



Section 3. Said chapter seven hundred and seventy is 
hereby further amended by striking out section six and in- 
serting in phice thereof the foUowing: — Section 6. Any 
person hable to pay the tax imposed by this act, and any 
one who acts in the matter as agent or broker for such 
person, who shall make any sale, transfer or delivery of 
shares or certificates of stock without paying the tax im- 
posed by this act, and any person v.dio shaU in pursuance of 
any sale, transfer or agreement, deliver any stock or evidence 
of sale or transfer of, or agreement to sell any stock or bill 
or memorandum thereof, or who shall transfer or cause the 
same to be transferred upon the books or records of the 
association or corporation, and any association or corpora- 
tion whose stock is so sold or transferred which shall transfer 
or cause the same to be transferred upon its books without 
having the stamps provided for in this act affixed thereto, 
shall, upon conviction thereof, pay a fine of not less than five 
hundred nor more than one thousand dollars. Any person 
who shall wilfully remove or alter or knowingly permit to 
be removed or altered the cancelling or defacing marks of 
any stamp provided for by this act with the intent to use 
such stamp, or who shall knowingly or wilfully buy, prepare 
for use, use, have in his possession, or suffer to be used, any 
washed, restored or counterfeit stamps, and any person 
who shall intentionally remove or cause to be removed, or 
knowingly permit to be removed, any stamp affixed pursuant 
to the requirements of this act shall be guilty of a mis- 
demeanor, and on conviction thereof shall be liable to a fine 
of not less than five hundred nor more than one thousand 
dollars, or to imprisonment for not more than one year, or 
to both such fine and imprisonment at the discretion of the 
court. 

Section 4. Said chapter seven hundred and seventy is 
hereby further amended by striking out section seven and 
inserting in place thereof the following: — Section 7. Every 
person, firm, association or corporation making a sale, agree- 
ment to sell, delivery or transfer of shares or certificates 
of stock, or conducting or transacting a brokerage business, 
shall keep or cause to be kept at some accessible place within 
the commonwealth a true book of accounts wherein shall be 
recorded, plainly and legibly, the date of making every sale, 
agreement to sell, delivery or transfer of shares or certificates 
of stock, and every transaction in relation to any stock; 
and also the number of shares, the face value of the stock, 



General Acts, 1915. — Chap. 238. 245 

the name of the stock, the name of the seller, the name of ^tesortranL 
the purchaser, and the face value of the stamps affixed to [fekg^fetc*" 
the certificate or bill or memorandum as provided in section 
one of this act. Every association or corporation shall 
keep or cause to be kept at some accessible place within the 
commonwealth a stock certificate book or transfer ledger or 
register, wherein shall plainly and legibly be recorded, in 
separate columns, the date of making every transfer of stock, 
the name of the stock and the number of shares thereof, the 
name of the party surrendering the certificate or certificates, 
the name of the party to whom certificates are issued in 
exchange therefor, and evidence of the payment of the tax 
provided for by sections one and ten of this act, which 
evidence, however, shall be furnished in one of the following 
manners, to wit: — 

(a) By attaching to the stock certificate surrendered for 
transfer the stamps required for such transfer, or 

(6) If the stamps are not attached to the certificate, but 
are attached to the bill or memorandum of sale effecting or 
evidencing the transfer of such certificate, by attaching to 
the certificate the said bill or memorandum of sale with 
stamps attached. 

The association or corporation shall retain and keep all Cancelled 

sncirGS to dq 

surrendered or cancelled shares or certificates of stock, and kopt. 
all memoranda relating to the sale or transfer of stock, for 
at least two years after the date of the delivery thereof, and 
it shall also keep and retain for at least tw^o years after the 
date of the last entry thereon the stock certificate book or 
transfer ledger provided for by this section, and all such 
books of account and bills or memoranda of sale or transfer; 
and all such stock certificate books or transfer ledgers and 
all such surrendered or cancelled shares or certificates of 
stock shall at all times be subject to the inspection of the 
tax commissioner or of any of his representatives between 
the hours of ten o'clock in the forenoon and three o'clock in 
the afternoon, except on Saturdays, Sundays and legal 
holidays. The tax commissioner may, at any time after a 
transfer of stock which by the provisions of this act is subject 
to an excise, inquire into and ascertain whether the excise 
imposed by the provisions of this act was paid. For this Books to be 
purpose, the tax commissioner shall have the right, and it taxTOm-"* ^^ 
shall be his duty, to examine the books and papers of any ""ssioner. 
person, firm, association or corporation: provided, that no Proviso. 
bill or memorandum of sale, as provided for in section one 



246 



General Acts, 1915. — Chap. 238. 



Penalty. 



1914, 770, § 10, 
amended. 



Sales, etc., 
upon which 
excise shall be 
collected, etc., 
with exceptions. 



of this act, and no book of account or stock certificate book 
or surrendered certificates of stocks, as provided for in 
section seven of this act, need be preserved for the inspection 
of the tax commissioner for a longer period than two years 
after the date thereof. The tax commissioner may enforce 
his right to examine the books and papers of any person, 
firm, association or corporation by mandamus. Every 
person, firm, association or corporation refusing to permit 
the tax commissioner, or any of his representatives, to inspect 
such books or papers or any memoranda or record relating 
to any such sale, agreement to sell, delivery or transfer, or 
transaction, as above provided, or failing to keep the said 
book of account, or stock certificate book or transfer ledger, 
or failing to preserve for two years after the date thereof all 
bills and memoranda of sale, or failing to preserve for two 
years after the delivery thereof all surrendered or cancelled 
shares or certificates of stock as herein required, and who- 
ever alters, cancels or obliterates any part of said records, 
or makes any false entry therein, shall be deemed guilty of 
a misdemeanor, and shall, for each offence, be punished by 
a fine of not less than five hundred nor more than five thou- 
sand dollars, or by imprisonment for not less than three 
months or more than two years, or by both such fine and 
imprisonment, at the discretion of the court. 

Section 5. Section ten of said chapter seven hundred 
and seventy is hereby amended by inserting after the word 
"shares", in the eighth line, the words: — and all provisions 
made in this act for the regulation and collection of the 
excise, and all the penalties and forfeitures in connection 
therewith, shall apply to the excise to be collected under this 
section, — so as to read as follows: — Section 10. The 
excise provided for by this act shall be imposed and shall 
accrue and be collected on all sales or agreements to sell or 
memoranda of sales or deliveries or transfers of the certificates 
of participation or shares of all voluntary associations 
existing under a written instrument or declaration of trust 
the beneficial interest under which is divided into transferable 
certificates of participation or shares; and all provisions 
made in this act for the regulation and collection of the 
excise, and all the penalties and forfeitures in connection 
therewith, shall apply to the excise to be collected under 
this section; but such excise shall not be imposed upon an 
agreement evidencing the deposit of certificates of participa- 
tion or shares of the nature above stated as collateral security 



General Acts, 1915. — Chap. 239. 247 

for money loaned thereon which certificates or shares are 
not actually sold, nor upon such certificates or shares so de- 
posited, nor upon the transfer of such certificates or shares 
of a deceased person to his executor or administrator; nor 
upon the transfer of such certificates or shares by a trustee 
to his successor or co-trustee under the same trust. 

Section 6. Section twelve of said chapter seven hundred imendld.^ *^' 
and seventy is hereby amended by adding at the end thereof 
the following: — The tax commissioner may make such 
rules and regulations, not inconsistent with the provisions 
of this act, as he may deem necessary, and may prescribe 
such further forms, books, records and papers as in his 
judgment are essential for carrying out the provisions of 
this act, — so as to read as follows : — Section 12. For the Tax commis- 
purpose of carrying out the provisions of this act the tax employ fo^th 
commissioner may, with the advice and consent of the ^amfner's, etc. 
governor and council, appoint, and with their consent 
remove, a fourth assistant and examiners not exceeding four 
in number, and may employ such clerical and other assistance 
as he may deem necessary. The fourth assistant and the 
examiners provided for by this act shall be paid such salaries 
as the tax commissioner may determine, with the approval 
of the governor and council, and they shall be allowed their 
necessary travelling and other expenses. The tax com- 
missioner may make such rules and regulations, not in- 
consistent with the provisions of this act, as he may deem 
necessary, and may prescribe such further forms, books, 
records and papers as in his judgment are essential for 
carrying out the provisions of this act. 

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

Apinoved May 10, 1915. 

An Act relative to the standard of vinegar and to QJku) 239 

THE SALE thereof. "^ 

Be it enacted, etc., as follows: 

Section 1 . Section sixty-seven of chapter fifty-seven of ^Jj^ded ^ ^^' 
the Revised Laws, as amended by section two of chapter six 
hundred of the acts of the year nineteen hundred and eleven, 
is hereby further amended by striking out after the words 
"cider vinegar solids", in the sixth line, the words "upon 
full evaporation at the temperature of boiling water", and 
by adding at the end of the section the words : — The com- 
missioner of health shall determine or cause to be determined, 



248 



General Acts, 1915. — Chap. 240. 



Standard of 
vinegar, es- 
tablished. 



Methods for 
estimation 
of solids, etc. 



Time of taking 
effect. 



from time to time, analytical methods for the estimation of 
solids and of acetic acid in vinegar, and said methods shall 
be published in the monthly bulletin of the state department 
of health. No persons shall estimate the solids or the 
acetic acid content of vinegar for determining the com- 
position or value of said vinegar as a basis for payment in 
buying or in selling, or for the purpose of inspection, by 
methods other than those published as herein described, — 
so as to read as follows : — Section 67. Vinegar shall contain 
no added or artificial coloring matter, and shall contain not 
less than four and one half per cent, by weight, of absolute 
acetic acid. Cider vinegar shall in addition contain not 
less than one and eight tenths per cent by weight, of cider 
vinegar solids. If vinegar contains any added or artificial 
coloring matter, or less than the required amount of acidity, 
or if cider vinegar contains less than the required amount 
of acidity or of cider vinegar solids, it shall be deemed to be 
adulterated. The commissioner of health shall determine 
or cause to be determined, from time to time, analytical 
methods for the estimation of solids and of acetic acid in 
vinegar, and said methods shall be published in the monthly 
bulletin of the state department of health. No persons 
shall estimate the solids or the acetic acid content of vinegar 
for determining the composition or value of said vinegar as 
a basis for payment in buying or in selling, or for the purpose 
of inspection, by methods other than those published as 
herein described. 

Section 2. This act shall take effect upon the first day 
of July, in the year nineteen hundred and fifteen. 

Approved May 10, 1915. 



Chap. 24:0 An Act to provide further protection for wild birds 

AND quadrupeds. 

Be it enacted, etc., as follows: 

nfturahz^ed' Section 1. It sliall be unlawful for any unnaturalized 

residlnts""^" forcigu boHi residciit, unless he owns real estate in this 
prohibited from commonwcalth to the value of not less than five hundred 

hunting, etc. m i i • i ■ i 

dollars, to hunt, capture or kill any wild bird or animal, 
either game or otherwise, of any description, excepting in 
defence of the person, and it shall be unlawful for any such 
unnaturalized, foreign born resident within this common- 
wealth to own or have in his possession or under his control 



General Acts, 1915. — Chap. 240. 249 

a shotgun or rifle of any make. Whoever violates any Penalty, 
provision of this section shall be punished by a fine of fifty 
dollars for each offence, or by imprisonment for not more 
than thirty days, or by both such fine and imprisonment; 
and any shotgun or rifle owned by him or found in his 
possession or under his control shall be forfeited to the 
commonwealth. 

Section 2. For the purpose of this act, any unnaturalized ^rm defined. 
foreign born person who shall reside or live within the 
boundaries of this commonwealth for ten consecutive days 
shall be held to be a resident. 

Section 3. Notice of the seizure of any firearm owned Fisheries and 

(. 1 . . 11 IP game com- 

bv or found m the possession or under the control of anv missionersto 

^ .,. .. PI* 1111 'be notiiied of 

person violatmg any provision or this act shall be sent to seizure of 
the board of commissioners on fisheries and game by the 
officer making the seizure immediately after the guilt of 
such person shall be established by a final adjudication in 
any prosecution brought against him for such violation, and 
the firearms so seized shall be sold, at the discretion of the 
board of commissioners on fisheries and game, who shall pay 
the proceeds into the treasury of the commonwealth. 

Section 4. The commissioners and their deputies, game Arrests, how 
wardens, members of the district police, and all other officers "^''''''' 
qualified to serve criminal process shall have the right, and 
it is hereby made their duty, to arrest, without warrant, any 
person found with a shotgun or rifle in his possession if 
they have reason to believe that such person is an unnatural- 
ized, foreign born person who does not own real estate in 
this commonwealth to the value of five hundred dollars or 
more. The arrest may be made upon Sunday, in which 
case the person so arrested may be committed for safe 
keeping to a jail or lock-up for that day; but he shall be 
taken before the proper magistrate and proceeded against 
on the ]\Ionday following the arrest; and any such officer 
shall have the right, if he has reason to believe that a shotgun 
or rifle is being concealed by an unnaturalized, foreign 
born resident who does not own real estate in this common- 
wealth to the value of five hundred dollars or more, to apply 
to any court having jurisdiction of the oft'ence, and the court, 
upon receipt of proof, made by affidavit, of the probable 
cause for believing that there is such concealment b}' such 
person shall issue a search warrant and cause a search to be 
made in any place where such shotgun or rifle may be con- 
cealed; and to that end the said officer shall have power, 



250 



General Acts, 1915. — ■ Chap, 241. 



Repeal. 



after demand and refusal, to cause any building, room, in- 
closure or car to be broken open and entered, and any closet, 
chest, locker, box, trunk, crate, basket, box, package or other 
receptacle, to be opened and its contents examined by said 
officer. 

Section 5. All acts and parts of acts inconsistent here- 
with are hereby repealed. Approved May 10, 1915. 



1914, 762, § 6, 
amended. 



Appointment 
of superintend- 
ents and other 
otllcers at 
institutions, 
etc. 



Chap. 241 An Act relative to the powers and duties of the state 

BOARD OF insanity AND OF THE TRUSTEES OF INSTITU- 
TIONS UNDER ITS CHARGE. 

Be it enacted, etc., as j allows : 

Section 1. Chapter seven hundred and sixty- two of the 
acts of the year nineteen hundred and fourteen is hereby 
amended by striking out section six and inserting in place 
thereof the following: — Section 6. With the approval of 
the board, the trustees shall appoint a superintendent for 
each institution who shall be a physician and who shall 
reside constantly at the institution. With the approval of 
the board, the trustees shall appoint a treasurer for each 
institution, Avho shall give bond for the faithful performance 
of his duties. With the approval of the board, the trustees 
may remove either or both superintendent and treasurer. 
With the approval of the trustees, the superintendent shall 
appoint assistant physicians. In those institutions receiving 
female patients and employing more than two assistant 
physicians, one of the assistant physicians shall be a woman. 
Except as hereinbefore provided, and subject to the approval 
of the trustees, the superintendent shall also appoint such 
subordinate officers and may employ such other persons as 
may be necessary. Subject to the approval of the trustees, 
and subject to the provisions of law, the superintendent 
may remove at any time any officer or employee appointed 
by him. The board shall make provision in its by-laws, or 
otherwise, for the appointment of such officers in each institu- 
tion as it may deem necessary for the efficient, economical 
and humane management of the same, and shall determine, 
subject to the approval of the governor and council, the 
salaries of all of the officers. The superintendent and the 
assistant physicians at the Westborough state hospital shall 
belong to the homoeopathic school of medicine. The board 
shall also establish by-laws and regulations, with suitable 
penalties, for the government of said institutions, and shall 



By-laws and 
regulations. 



General Acts, 1915. — Chap. 241. 251 

provide for a monthly inspection and trial of the fire apparatus 
belonging to the institutions and for the proper organization 
and monthly drill of the officers and employees in its use. 
The board shall ascertain by actual examination and inquiry 
whether commitments to the institutions are made according 
to law. 

Section 2. Section eight of said chapter seven hundred amended. ^ ^' 
and sixty-two is hereby amended by striking out the words 
" by actual examination and inquiry, and shall report to the 
state board of insanity, whether commitments to the institu- 
tion are made according to law, and", in the first, second, 
third and fourth lines of paragraph b; by striking out para- 
graph c of said section and inserting in place thereof the 
following paragraph : — c. There shall be thorough visita- 
tions of each institution by at least two of the trustees thereof 
in each month, and the duties of visitation shall be so assigned 
that visits shall be made by a majority of the trustees 
quarterly and by the whole board semi-annually, and reports 
of the visits shall be transmitted to the state board of insanity 
whenever there are matters observed that need the attention 
of the board. Paragraph d of said section is hereby amended 
by striking out the words "at least once in two weeks", 
in the second line. Paragraph e of said section is hereby 
amended by inserting at the beginning thereof the words: — 
Upon request of the board, — and by striking out the word 
"every", in the first line, and inserting in place thereof the 
word : — any. Paragraph g of said section is hereby amended 
})y adding at the end thereof the words : — They shall 
transmit promptly to the state board of insanity a copy of 
the proceedings of each meeting, and said section is further 
amended by adding at the end thereof the following para- 
graph: — k. The trustees shall transmit to the governor 
and council, not later than the fifteenth day of December in 
each year, a report of the condition and needs of the institu- 
tion under their charge, — so as to read as follows: — Section Powers and 
S. The various boards of trustees established by general or board^a of 
special law for institutions maintained by the commonwealth stituftons, etc". 
for the care of the insane, feeble-minded, epileptics and 
dipsomaniacs, except the Norfolk state hospital and the 
Hospital Cottages for Children, shall have the following 
powers and duties : — 

a. They shall, except as is otherwise provided in this 
act, retain all powers and duties now conferred or imposed 
upon them by law, and shall maintain an effective and proper 



252 



General Acts, 1915. — Chap. 241. 



Powers and 
duties of 
boards of 
trustees of in- 
stitutions, etc. 



inspection of their respective institutions, and shall from 
time to time make suggestions to the state board of insanity 
as to improvements therein, and especially such improve- 
ments as will make the administration thereof more effective, 
economical and humane. 

b. The trustees of each institution shall ascertain whether 
the affairs of the institution are conducted according to law 
and according to the rules and regulations established by the 
board. 

c. There shall be thorough visitations of each institution 
by at least two of the trustees thereof in each month, and 
the duties of visitation shall be so assigned that visits shall 
be made by a majority of the trustees quarterly and by 
the whole board semi-annually, and reports of the visits 
shall be transmitted to the state board of insanity whenever 
there are matters observed that need the attention of the 
board. 

d. They shall carefully inspect every part of the institu- 
tion as a board or by committees with reference to cleanliness 
and sanitary condition, the number of persons in seclusion 
or restraint, dietary matters, and any other matters that 
may be considered worthy of observation. 

e. Upon request of the board, the trustees shall investi- 
gate any sudden death, accident or injury, whether self- 
inflicted or otherwise, and send a report of the same to the 
board. 

/. All trustees shall have free access to all books, records 
and accounts pertaining to their respective institutions, and 
shall be admitted at all times to the buildings and premises 
thereof. 

g. They shall keep a record of their doings, and shall 
record their visits to the institution in a book kept at the 
institution for that purpose. They shall transmit promptly 
to the state. board of insanity a copy of the proceedings of 
each meeting. 

h. They shall personally hear and investigate the com- 
plaints and requests of any inmates, officers or employees of 
the institution, and shall, if they deem the matter of sufficient 
importance, make written reports to the state board of in- 
sanity of their determination of v/hat, if anything, ought to 
be done in the matter. 

i. They shall have the power at any time to cause the su- 
perintendent or any officer or employee of the institution to 



General Acts, 1915. — Chap. 242. 253 

appear before them and to answer any questions or to produce Powers and 
any books or documents relative to the institution. boards of 

j. The plans and specifications for the construction or etifuUons, ete. 
substantial alteration of buildings, the site of any new 
building, the proposed taking or purchase of any new land, 
and plans for the grading of grounds or other substantial im- 
provements at the institutions of which they are trustees 
shall be submitted to them, and they shall report thereon 
to the board within such reasonable time as the board shall 
fix, and no land shall be taken or purchased, no new buildings 
shall be constructed, and no substantial changes made in 
existing buildings or grounds until the opinion of the trustees 
thereon has been transmitted, as aforesaid, to the state 
board of insanity, or until the time fixed therefor, as above 
provided, shall have expired. 

k. The trustees shall transmit to the governor and council, 
not later than the fifteenth day of December in each year, a 
report of the condition and needs of the institution under 
their charge. 

Section 3. This act shall take effect upon its passage. 

Approved May 10, 1915. 

An Act to provide for the improvement of a highway (Jjidj) 242 

IN the towns of MASHPEE and BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The INIassachusetts highway commission is improvement 
hereby authorized to expend the sum of fourteen thousand h, towni'oF^ 
dollars during the present year in the construction and im- Barustobie"' 
provcment of a highway in the towns of Mashpee and 
Barnstable extending from a point about one quarter of 
a mile east of the Santuit river, at the corner of Grove street 
and School street, to the junction with the Mashpee state 
highway, known as the Old Falmouth road, a distance of 
about two miles, including the reconstruction of the bridge 
over the Santuit river and the rebuilding or construction 
of any other bridges wdiich may be needful in the construction 
of said way. Neither said way nor any part thereof shall ^"f^ ^p.^" =* 

1 11 1 • 1 1 I 1111 • ^*^*® highway. 

thereby become a state highway, but the way shall be main- 
tained and kept in good repair by the town or towns in which 
it is situated, until such time as it shall become a state 
highway. This act shall not be construed as prohibiting 
the laying out and construction of said way or any part 



254 General Acts, 1915. — Chap. 243. 

thereof as a state highway under the laws appheable thereto 
whenever said commission shall deem it expedient so to do. 
Any unexpended balance of the sum hereby authorized to 
be expended may be used in the succeeding year for the 
same purpose, 
li^an ^'^^"^^y Section 2. For the purpose of meeting the expenditures 
hereby authorized, the treasurer and receiver general is 
hereby empowered, with the approval of the governor and 
council, to issue bonds or certificates of indebtedness to an 
amount not exceeding fourteen thousand dollars for a term 
not exceeding fifteen years. Such bonds or certificates of 
indebtedness shall be issued as registered bonds or with 
interest coupons attached, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi- 
annually. They shall be designated on their face. State 
Highway Loan, shall be countersigned by the governor, and 
shall be deemed a pledge of the faith and credit of the com- 
monwealth; and the principal and interest thereof shall be 
paid at the time specified therein, in gold coin of the United 
States or its ecj[uivalent. They shall be sold at public 
auction, or disposed of in such other manner, at such times 
and prices, in such amounts and at such rates of interest, not 
exceeding the rate above specified, as shall be deemed best. 
Section 3. This act shall take e^ect upon its passage. 

Approved May 10, 1915. 



Chap. 24:3 An Act relative to the construction and extension 

OF THE ALEWIFE BROOK PARKWAY. 

Be it enacted, etc., as follows: 
Construction SECTION 1. Thc metropolitan park commission is hereby 

and extension , i iii i 

ofAiewife autliorizcd to coustruct a parkway or boulevard on the 

' land already acquired for the purpose of constructing the 

Alewife Brook parkway, and to acquire such additional land 

as may be necessary to construct a boulevard or parkway 

along said Alewife brook from the Powder House boulevard 

in Somerville to Massachusetts avenue in Cambridge, and 

to expend therefor the sum of thirty-five thousand dollars. 

Mefro'°o1itan SECTION 2. To iiiect cxpeuditurcs made under authority 

Parks Loaji, gf tliis act thc trcasurcr and receiver general, with the 

approval of the governor and council, shall issue bonds or 

certificates of indebtedness, bearing interest at a rate not 

exceeding four per cent per annum, to the amount of thirty- 



General Acts, 1915. — Chap. 244. 255 

five thousand dollars as an addition to the Metropohtan 
Ptirks Loan, Series Two. The treasurer and receiver general 
shall add to the existing sinking fund to provide for the 
payment of the said securities, and they shall be issued, and 
additions to said sinking fund shall be assessed and collected, 
in accordance with the provisions of chapter two hundred 
and eighty-eight of the acts of the year eighteen hundred 
and ninety-four, and in accordance with the provisions of 
chapter two hundred and eighty-three of the acts of the year 
eighteen himdred and ninety-five and of chapter four hun- 
dred and nineteen of the acts of the year eighteen hundred 
and ninety-nine, and of acts in amendment thereof and in 
addition thereto. 
Section 3. This act shall take effect upon its passage. 

Approved May 10, 1015. 



An Act to fix responsibility for the payment of work- pi r> . . 
men's compensation by the commonwealth and by ^' 
counties, cities, towns and districts. 

Be it enacted, etc., as follows: 

Section 1. Every board, commission .and department Agents to 
of the commonwealth employing laborers, workmen and visions of''™ 
mechanics, the Boston transit commission, and every county, compensation 
city, town and district which has accepted the provisions of "'^^' 
chapter eight hundred and seven of the acts of the year 
nineteen hundred and thirteen shall, through its executive 
officer or board, designate a person to act as its agent in 
furnishing the benefits due under chapter seven hundred 
and fifty-one of the acts of the year nineteen hundred and 
eleven and acts in amendment thereof and in addition 
thereto. Such agent shall be held responsible for the proper 
carrying out of this act under the direction and supervision 
of the industrial accident board until his agency is revoked 
and a new agent designated. The name and address of 
every such agent shall be filed with the industrial accident 
board immediately upon his designation; and each of the 
foregoing boards, commissions, departments, counties, cities, 
towns and districts shall designate such an agent within 
thirty days after this act takes effect. 

Section 2. This act shall not apply to counties, cities. Not to apply 
towns and districts wdiich are insured under the provisions eovnltieaTcities, 
of chapter seven hundred and fifty-one of the acts of the *°^^"*' °^^- 



256 



General Acts, 1915. — Chaps. 245, 246. 



year nineteen hundred and eleven and acts in amendment 
thereof. 
Time of taking Section 3. This act shall take effect on the first day 
of June, in tlie year nineteen hundred and fifteen. 

Approved May 10, 1915. 



Chap.24:5 An Act to increase the salary of the clerk of courts 

FOR THE county OF NANTUCKET. 

Be it enacted, etc., as JoUoivs: 

Section 1. The annual salary of the clerk of courts for 
the county of Nantucket shall be eight hundred dollars, to 
be so allowed from the first day of January in the current 
year. 

Section 2. So much of section thirty-four of chapter one 
hundred and sixty-five of the Revised Laws as is inconsistent 
herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved May 10, 1915. 



Salary of clerk 
of courts for 
Nantucket 
county, in- 
creased. 



Repeal. 



County com- 
missioners of 
Middlesex 
county may 
acquire addi- 
tional land 
for the North 
Chelmsford 
training school. 



Chap. 24:6 An Act to authorize the county commissioners of the 

COUNTY OF MIDDLESEX TO ACQUIRE ADDITIONAL LAND 
FOR THE TRAINING SCHOOL AT NORTH CHELMSFORD. 

Be it enacted, etc., as foUoivs: 

Section 1. The county- commissioners of the county 
of Middlesex are hereby authorized to purchase, or take 
by right of eminent domain, additional lands, at an expense 
not exceeding fifteen hundred dollars, for the purposes of the 
training school of said county in the town of Chelmsford. 
In case the lands are taken by eminent domain, a description 
thereof such as is customary in descriptions of land conveyed 
by deed shall be filed in the registry of deeds at Lowell, 
and upon such filing the title to the lands so taken shall 
vest in the county of Middlesex. In case the commissioners 
cannot agree with the owners of lands so taken as to the 
value thereof, the owners shall have like remedies to those 
which are now provided by law in the case of land taken for 
highways. 

Section 2. For the purpose of carrying out the pro- 
visions of this act, the said county commissioners may 



Expenses. 



General Acts, 1915. — Chap. 247. 257 

expend out of any money in the county treasury a sum not 
exceeding fifteen hundred dollars. 

Section 3. This act shall take effect upon its passage. 

Approved May 10, 1915. 



An Act to provide for new buildings for the in- QJiav 247 

DEPENDENT AGRICULTURAL SCHOOL OF THE COUNTY OF 

ESSEX. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Independent Agricultural f^rThe'ii'^'""*' 
School of the county of Essex are hereby authorized, subiect dep?ndent 

, p , , 1 c 1 • 1 Agricultural 

to the approval or the board or education, to expend a sum ^'^^ooi ?f 
not exceeding one hundred thousand dollars to be provided 
by the county of Essex for the purpose of erecting and 
equipping a school building or buildings for the said school. 

Section 2, For the purposes aforesaid the county com- issue of bonds. 
missioners of the county of Essex are hereby authorized to 
borrow from time to time upon the credit of the county 
a sum not exceeding one hundred thousand dollars in the 
aggregate and to issue the bonds or notes of the county 
therefor. Said bonds or notes shall be payable in such 
annual payments, beginning not more than one year after 
the date of each loan, as will extinguish each loan within 
twenty 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 the loan payable in any subsequent 
year. Each authorized issue of bonds or notes shall constitute 
a separate loan. The said bonds or notes shall bear interest 
at a rate not exceeding five per cent per annimi, payable 
semi-annually, and shall be signed by the treasurer of the 
county and coimtersigned by a majority of the county 
commissioners. The county may sell the said securities Saieofaecur- 
at public or private sale, on such terms and conditions as the ' "*''* 
county commissioners may deem proper, but they shall 
not be sold for less than their par value, and the proceeds 
shall be used only for the purposes herein specified and shall 
be paid to the trustees of the said school by the treasurer 
of the county upon their reciuisitions. 

Section 3. The county commissioners, at the time of ofToTn"*' 
authorizing the said loan, shall provide for the payment 
thereof in accordance with section two of this act; and a sum 



258 General Acts, 1915. — Chap. 248. 

Payment of Sufficient to pay the interest as it accrues on the bonds or 
notes issued as aforesaid by the county, and to make such 
payments on the principal as may be required under the 
provisions of this act, shall be levied as a part of the county 
tax of the county of Essex annually thereafter, in the same 
manner in which other taxes are levied, until the debt 
incurred by said loan or loans is extinguished. 

Approved May 11, 1915. 

Chap. 24:8 An Act to provide for the construction of a thorough- 
fare IN the city of SALEM. 

Be it enacted, etc., as follows: 

Construction of Section 1. Thc couuty commissiouers of the countv 

a thoroughfare i • i i • 

in Salem. oi Esscx are hereby authorized, subject to the provisions of 

chapter forty-eight of the Revised Laws and all amendments 
thereof and additions thereto and of all other general laws 
which may be applicable, to lay out and construct a thorough- 
fare from Bertram square, so-called, to Essex street in the 
city of Salem, in order to relieve the congestion of traffic 
through the said city. 

dosw'iptrin^^tc! Section 2. The said county commissioners are hereby 
authorized to take or purchase any lands, rights or ease- 
ments which may be required to carry out the purposes of 
this act; in order to acquire, otherwise than by purchase, 
they shall first record in the registry of deeds for the southern 
district of the county of Essex a statement containing a 
description of the lands, rights or easements taken, and shall 
file a plan of the same in the said registry. 

Estimate of Section 3. Said commissioners shall estimate the damage 

to property, if any, sustained by any person or corporation, 
by the taking of land, rights or easements, or by the laying 
out or construction of the thoroughfare as aforesaid. Any 
person aggrieved thereby may proceed, within one year 
after the filing of said statement, to have his damages de- 
termined in the manner provided in chapter forty-eight of 
the Revised Laws and acts in amendment thereof and in 
addition thereto, but in no event shall interest be recovered 
against the county for more than four per cent per annum. 

Issue of bonds. Section 4. Said commissioners are hereby authorized 
to borrow from time to time such sums, not exceeding in the 
aggregate one hundred thousand dollars, to carry out the 
provisions of this act and to issue notes or bonds of the 
county therefor. Such notes or bonds shall be payable by 



General Acts, 1915. — Chap. 249. 259 

such annual payments, beginning not more than one year 
after the date thereof, as will extinguish each loan within 
twenty years from its date; and the amount of the annual 
payment of any loan in any year shall not be less than the 
amount of the principal of the loan payable in any subsequent 
year. Each authorized issue of notes or bonds shall consti- 
tute a separate loan. The said securities shall bear interest Rate of in- 
at a rate not exceeding five per cent per annum, payable 
semi-annually; and they shall be signed by the treasurer of 
the county and countersigned by a majority of the county 
commissioners. The county may sell the said securities 
at public or private sale upon such terms and conditions as 
the county commissioners may deem proper, but they shall 
not be sold for less than their par value and the proceeds 
shall be used only for the purposes herein specified. The Payment of 
annual amount necessary to make the payments as herein °^"" 
provided for shall, without further vote, be assessed under 
the provisions of law relating to the assessment of county 
taxes. 
Section 5. This act shall take effect upon its passage. 

Approved May 11, 1015. 

An Act relative to admission to the bar of attorneys- fhri^j 049 

AT-LAW. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section forty of chapter one hundred and R l. les, §40. 
sixty-five of the Revised Laws, as amended by section one 
of chapter three hundred and fifty-five of the acts of the 
year nineteen hundred and four and by section one of chapter 
six hundred and seventy of the acts of the year nineteen 
hundred and fourteen, is hereby further amended by striking 
out the words "an applicant for admission to the bar shall 
not be required to be a graduate of any high school, college 
or university", in the sixth, seventh and eighth lines, and 
inserting in place thereof the words : — any applicant for 
admission to the bar who is a graduate of a college or who 
has complied with the entrance requirements of a college, 
or who has fulfilled for two years the requirements of a day 
or evening high school or of a school of equal grade, shall not 
be required to take any examination as to his general edu- 
cation, — so as to read as follows: — Section 40. Said 41'bar'of'**' 
board may, subject to the approval of the supreme judicial attomeys-at- 
court, make rules with reference to examinations for ad- 



260 



General Acts, 1915. — Chap. 250. 



Proviso. 



Expenses, 
how paid. 



mission to the bar and the quahfications of appHcants 
therefor, and determine the time and place of all such exami- 
nations, and conduct the same: provided, hotvever, that any 
applicant for admission to the bar who is a graduate of a 
college or who has complied with the entrance requirements 
of a college, or who has fulfilled for two years the require- 
ments of a day or evening high school or of a school of equal 
grade, shall not be required to take any examination as to 
his general education. From the fees received under the 
provisions of the following section the expenses of said 
board, as certified by its chairman and approved by a justice 
of the supreme judicial court, shall be paid, and from the re- 
mainder of said fees the members shall receive svich com- 
pensation as the justices of the supreme judicial court or a 
majority of them may allow. 
Section 2. This act shall take effect upon its passage. 

Approved May 11, 1915. 



R. L. 89, § 4, 
etc., amended. 



Expenses of 
State board of 
agriculture. 



Chap. 250 An Act relative to the expenses of the state board of 

AGRICULTURE. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter eighty-nine of the 
Revised Laws, as amended by chapter one hundred and 
eighty-six of the acts of the year nineteen hundred and 
eleven, is hereby further amended by striking out the said 
section and inserting in place thereof the following: — Sec- 
tion 4- The board may appoint, and prescribe the duties 
of, a secretary, who shall receive an annual salary of twenty- 
five hundred dollars, and who, with the approval of the 
board, may employ a first clerk at an annual salary of 
eighteen hundred dollars, and may annually expend for 
other clerical service a sum not exceeding five thousand 
dollars. The secretary may arrange for lectures before the 
board, and may issue for general distribution such publica- 
tions as he considers best adapted to promote the interests of 
agriculture; but the expense of such lectures and publica- 
tions, unless otherwise provided for, shall be paid out of 
the appropriation for the dissemination of useful information 
in agriculture by the board. 

Section 2. This act shall take effect as of the first day 
of December in the year nineteen hundred and fourteen. 

Approved May 11, 1915. 



Lectures, etc. 



Time of taking 
effect. 



General Acts, 1915. — Chap. 251. 261 



An Act relative to removals, suspensions and (jji^^ 251 

TRANSFERS IN THE CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section one of chapter six hundred and twenty-four of amended.^ ^' 
the acts of the year nineteen hundred and eleven is hereby 
amended by striking out the word "ten", in the fourteenth 
line, and inserting in place thereof the word: — thirty, — and 
by striking out the word "the", in the twenty-second line, 
and inserting in place thereof the word : — any, — so as to 
read as follows: — Section 1. Every person now holding or Removals, 
hereafter appointed to an ofRce classified under the civil InTtranXrs 
service rules of the commonwealth, except members of the »° "^'^ service. 
police department of the city of Boston, of the police de- 
partment of the metropolitan park commission, and except 
members of the district police, whether appointed for a 
definite or stated term, or otherwise, who is removed there- 
from, lowered in rank or compensation, or suspended, or, 
without his consent, transferred from such office or employ- 
ment to any other, may, after a public hearing, as provided 
for by section two of chapter three hundred and fourteen of 
the acts of the year nineteen hundred and four, as amended 
by chapter two hundred and forty-three of the acts of the 
year nineteen hundred and five, and within thirty days 
after such hearing, bring a petition in the police, district or 
municipal court within the judicial district where such 
person resides, addressed to the justice of the court and 
praying that the action of the officer or board in removing, Action of officer 
suspending, lowering or transferring him may be reviewed may°berc^*°" 
by the court, and after such notice to such officer or board co^^'^ ^^ 
as the court may think necessary, it shall review the action 
of said officer or board, and hear any witnesses, and shall 
affirm said order unless it shall appear that said order was 
made by said officer or board without proper cause or in 
bad faith, in which case said order shall be reversed and the 
petitioner be reinstated in his office. The decision of the Decision to 
justice of said police, district or municipal court shall be 
final and conclusive upon the parties. 

Approved May 11, 1915. 



262 General Acts, 1915. — Chap. 252. 



Chap. 252 An Act to provide for the construction of a bridge 

ACROSS the CONNECTICUT RIVER BETWEEN SPRINGFIELD 
AND WEST SPRINGFIELD. 

Be it enacted, etc., as follows: 

appointment, Section 1. Upon petition by the mayor and aldermen 

etc- of the city of Springfield to the supreme judicial court for 

the county of Hampden, a board of commissioners shall be 
appointed by the said court, or by any justice thereof, con- 
sisting of three disinterested and suitable persons, not resi- 
dents of the county of Hampden, one of whom shall be a 
civil engineer of recognized attainments and reputation. 

^for"bn£' Section 2. The said commissioners shall give one or 
more hearings in the city of Springfield, of which due notice 
shall be given, at which all parties in interest may be heard, 
and after hearing such parties they shall determine the 
location of a new bridge across the Connecticut river from 
some point in Springfield to some point in West Springfield 
opposite to Springfield, with suitable approaches and suitable 
highways from said approaches to existing highways, and 
shall cause plans and specifications of such bridge and 
approaches and highways to be prepared sho^\'ing dimen- 
sions and materials and complete in every detail sufficient 

May be built for the constructiou thereof. Said bridge shall be suitable 

without a Pill PT 1 •!• 

drawbridge. tor all tlic purposcs of ordinary travel across said river and 
shall have two lines of street railway tracks; it shall, if the 
consent of the United States government be obtainetl, be 
built without a draw, but its piers shall be so located and 
the bridge so constructed that a draw can conveniently and 
economically be placed therein when required, and the plans 
of the bridge shall be such in this respect and in resi>ect to 
height above the river as to meet with the approval of the 
board of harbor and land commissioners and shall bear such 
approval before the return of the decision of the commis- 
changeof sioucrs to the court as hereinafter provided. If the raising 
railroad grade. ^^ altering of the grade of the railroad of the New York, New 
Haven and Hartford Railroad Company, or if the taking of 
any land or rights therein for said approaches or said high- 
ways within the location of said railroad company shall be 
made necessary by such plans, they shall be such in these 
respects as to meet with the approval of the public service 
commission and shall bear such approval before the return 
of the decision of the commissioners to the court as hereinafter 



General Acts, 1915. — Chap. 252. 263 

provided. If the commissioners decide that the adoption Decree of court 
of their plan Avill destroy or sensibly diminish the freight decJ^ tf 
facilities of said railroad company, and that land or other takfngo*/'' 
property should be taken to compensate for such destruction ^^"'^^ ''^'^• 
or diminution, the decree of the court confirming their de- 
cision shall constitute a taking of the specified land, ease- 
ments or other property; and in case of such taking the 
clerk of the court shall, within thirty days after the decree 
is made, cause a copy of the decision and decree to be filed 
with the county commissioners of the county of Hampden 
and to be recorded in the registry of deeds for that county. 
The taking shall be a taking by the railroad corporation, 
but all damages caused by the taking shall be a part of the 
expenses provided for in section four and shall be included 
in the computation of the cost of the bridge. 

Section 3. The said commissioners may accept, on May accept 
behalf of the county of Hampden, the city of Springfield or ^' *^° 
the town of West Springfield, a gift of any land which may 
be needed for approaches to said bridge or for the laying out 
of an}^ highway or highways from the approaches to any 
existing highway, and, on behalf of said county, city or 
town, may accept any contract for the conveyance of any 
such land conditioned upon the construction or opening for 
use of said bridge, and, on behalf of said county, city or 
town, may accept any bond conditioned on the conversance 
to said county, city or town of any such land absolutely or 
upon the aforesaid condition. 

Section 4. The said commissioners, after notice and a Assessment of 
hearing, shall determine what cities and towns in the county ^"^ *^' 
of Hampden are or will be specially benefited by the erection 
of the bridge, and what proportional part of the cost of the 
bridge and of its approaches and of the highways to be laid 
out from them to existing highways, and of the damages, 
and of the cost of altering railroad tracks, and of the cost of 
maintaining and keeping the said bridge in repair and of all 
other expenses incurred under this act shall be paid by said 
county and by such cities and towns respectively. The "Expenses," 
word "expenses" shall be construed to include the com- *^™'''''''""^- 
pensation of the commissioners appointed under the pro- 
visions of this act and of the county commissioners for 
services performed under the provisions of this act, which 
compensation shall be such as shall be determined by the 
supreme judicial court, and also the expenses incurred by 
both boards of commissioners, including expenses for such 



264 



General Acts, 1915. — Chap. 252. 



Court to 

confirm 

decision. 



Construction, 
etc. 



Making of 
contracts. 



Temporary 
bridge. 



Manner of 
altering grade 
of railroad. 



engineering and other expert services as they shall deem 
necessary to enable them to discharge their duties under 
this act. 

Section 5. The special commissioners, or a majority of 
them, shall make return of their decision of all the matters 
herein abo\'e described, to the supreme judicial court for 
the county of Hampden. The decree of said court confirming 
the decision shall be final and binding. 

Section 6. After the entering of such decree by the 
supreme judicial court the county commissioners of the 
county of Hampden shall lay out, and the county, acting by 
the county commissioners, shall construct a highway and 
bridge, with approaches thereto and highways therefrom, to 
existing highways according to the decision of the aforesaid 
commission so returned and confirmed. The said county 
commissioners may lay out a highway or highways within 
the location of the New York, New Haven and Hartford 
Railroad Company, if such highway or highways are called 
for by such decision. In the laying out of said highways 
the county commissioners shall take such proceedings as 
are now provided by law in the case of laying out highways, 
and any person aggrieved by the award of damages by said 
commissioners shall have a like remedy by application for a 
jury as is now provided by law in the case of laying out of 
highways by county commissioners. Said county com- 
missioners shall not be disqualified by residence from acting 
hereunder. 

Section 7. The said county commissioners are hereby 
authorized to make all contracts which may be necessary 
for the construction of said bridge, approaches and highways. 
If it is necessary to disturb the present bridge extending 
from Bridge street in Springfield to New Bridge street in 
West Springfield, during the construction of the new bridge, 
the said county commissioners are hereby authorized to 
construct a temporary bridge such as they may deem neces- 
sary to prevent obstruction to travel and to facilitate the 
construction of the new bridge. The present bridge may be 
removed and sold in such manner and at such time as the 
said county commissioners may deem expedient, and all 
sums obtained from the sale of the old bridge shall be paid 
into the county treasury and applied to the cost of the 
new bridge. 

Section 8. The county commissioners are hereby au- 
thorized to prescribe the manner in which the New York, 



General Acts, 1915. — Chap. 252. 265 

New Haven and Hartford Railroad Company shall raise or 
alter the grade of its railroad at the point where said railroad 
crosses or may cross the highway or highways leading to the 
easterly approach of the said bridge, if such raising or altera- 
tion shall be made necessary by the said decision of the com- 
mission authorized by this act, and the said county com- 
missioners shall have authority to determine and prescribe 
within what reasonable time the railroad company shall so 
raise or alter the grade of its tracks, grounds and buildings. 
After the said railroad company has altered the grade of its Determination 
tracks, grounds and buildings, and has completed the work ° ^^^'k^^- 
the said county commissioners shall determine the damages 
and expense to the New York, New HaA'en and Hartford 
Railroad Company caused by such raising or changing of 
the grade of its tracks, grounds and buildings, and the said 
county shall pay such amount to said railroad company for 
such expense and damages, and the same shall be included 
in the computation of the cost of the bridge. If said railroad Railroad may 
company is aggrieved by the estimate of damages sustained assessed by 
as made by the county commissioners as aforesaid, the com- ^^^^' 
pany may have its damages assessed by a jur}^ in the 
manner provided with respect to damages sustained by the 
laying out of highways. 
Section 9. The county of Hampden shall, in the first Hampden 

. 11 X J e J. • • 1 X County Loan. 

mstance, pay all costs and expenses oi every nature incident 
to the carrying out of the provisions of this act. And to 
meet such payments, the county commissioners are hereby 
authorized to borrow on the credit of the county such sums 
as may be necessary and to issue notes of the county there- 
for, such notes to be termed a temporary Hampden County 
Loan issued in anticipation of reimbursement on account 
of moneys received from a serial loan issued on the part of 
the county and from funds of the several cities and towns 
hereinafter provided for. All money so borrowed shall be 
deposited in the county treasury and the county treasurer 
shall pay out the same as ordered by the county commis- 
sioners and shall keep a separate and accurate account of 
all sums so borrowed and expended, including interest. 
Upon the completion of the bridge the said county com- Report of cost 
missioners shall file a report of the full cost of carrying out 
the provisions of this act, in the office of the clerk of the 
supreme judicial court of the county of Hampden. Upon 
the application of the county commissioners, or any party 
interested, a hearing shall be given after such notice as the 



266 



General Acts, 1915. — Chap. 252. 



Cost to county, 
cities and 
towns, how 
paid. 



Parts of certain 
highway to be 
kept in repair 
by cities or 
towns. 



Right to run 
street railway 
cars. 



Liability for 
damages. 



court may order, and after such hearing, the said court shall 
decree the repayment, to the county of Hampden of such 
cost so reported, by the cities, towns, and county, respec- 
tively, according to the decision of the commission authorized 
by this act. The county, cities, and towns for the purpose 
of meeting their proportionate part of the cost of said bridge, 
may incur indebtedness outside the limit of indebtedness as 
fixed by law and issue bonds or notes therefor, payable in 
not more than twenty years from the date of issue, and shall 
at the time of issuing such indebtedness provide for its pay- 
ment by such annual payments as will extinguish the same 
at maturity, and so that the first of such annual payments 
shall be made not later than one year after the date of the 
bonds or notes issued therefor, and so that the amount of 
such annual payments in any year on account of such debt 
shall not be less than the amount of principal payable in 
any subsequent year. 

Section 10. Such parts of the highway constructed 
under this act as lie easterly of the abutment of the bridge 
in Springfield and westerly of the abutment in West Spring- 
field shall be maintained and kept in repair by the city or town 
in which they are, and such city or tow^n shall be liable for 
defects in them in the same manner as it is liable for defects 
in other highways. The mayor and aldermen of the city 
of Springfield shall have the care and superintendence of the 
new bridge and shall cause it to be kept in good repair and 
safe and convenient for travel; and the cost of maintenance 
and repair shall be borne as shall be provided in the decision 
of the commissioners authorized by this act. 

Section 11. The said county commissioners may grant 
to any street railway company or companies the privilege 
of running their cars over said bridge, upon such terms, con- 
ditions and restrictions and for such compensation as in 
their judgment public interest and convenience may require. 
The revenue from street car privileges shall be paid to the 
county treasurer and apportioned by him to the said county 
and the cities and towns in such proportions as, by the 
decision of the commission authorized by this act, they 
severally pay toward the cost of maintaining said bridge. 

Section 12. The said county, and the cities and towns 
which shall be decreed to contribute toward the cost of 
maintaining and keeping said bridge in repair shall . be 
respectively liable, under the limitations of law, for damages 
resulting from defects in said bridge and its appurtenances, 



General Acts, 1915. — Chap. 253. 267 

in the same proportions in which they respectively pay 
toward the cost of maintaining and keeping the same in 
repair. 
Section 13. This act shall take effect upon its passage. 

Approved May 12, 1015. 

An Act to provide for the licensing of hawkers and nhn^ 053 

PEDLERS BY THE COMMISSIONER OF WEIGHTS AND ^' 

MEASURES. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter sixty-five of the r. l. 65, § 19, 
Revised Laws, as amended by chapter two hundred ^j^fj ^^c, amemec. 
four of the acts of the year nineteen hundred and five, by 
chapter five hundred and seventy-one of the acts of the 
year nineteen hundred and seven and by chapter one hundred 
and ninety-two of the acts of the year nineteen hundred and 
twelve, is hereby further amended by striking out said 
section nineteen and inserting in place thereof the follow- 
ing: — Section 19. The commissioner of weights and ^^^JJ|j."|°j 
measures may grant a license to go about exposing for sale p^^iersby 

X en corniTiissioriGr 01 

and selling any goods, wares or merchandise, except jewelry, weights and 
wines, spirituous liquors and playing cards, to any person 
who files in his office a certificate signed by the mayor of a 
city or by a majority of the selectmen of a town, stating 
that to the best of his or their knowledge and belief the 
applicant therein named is of good repute for morals and 
integrity, and is, or has declared his intention to become, a 
citizen of the United States. The mayor or selectmen, 
before granting such certificate, shall require the applicant 
to make oath that he is the person named therein, and that 
he is, or has declared his intention to become, a citizen of 
the United States. Such oath shall be certified by a justice 
of the peace and shall accompany the certificate. The com- 
missioner shall cause to be inserted in every such license the 
names of such cities and towns as the applicant designates, 
with the amounts to be paid to the respective treasurers 
thereof as herein provided, and shall receive from the ap- 
plicant one dollar for each city or town so inserted. The 
licensee may sell in any city and town mentioned in his 
license any goods, wares or merchandise, not prohibited in 
section fourteen, upon payment to the treasurer thereof of 
the following fees: For each town containing not more than Fees, 
one thousand inhabitants, according to the then latest 



measures. 



268 



General Acts, 1915. — Chap. 253. 



Special state 
licensas. 



R. L. 65, § 20, 
amended. 



County 
licenses. 



Feea. 



R. L. 65, § 22, 
amended. 



Transfer of 
licenses. 



census, state or national, three dollars; for each town con- 
taining more than one thousand and not more than two 
thousand inhabitants, six dollars; for each town containing 
more than two thousand and not more than three thousand 
inhabitants, eight dollars; for each town containing more 
than three thousand and not more than four thousand 
inhabitants, ten dollars; and for each city and for all other 
towns, ten dollars and one dollar for every one thousand 
inhabitants thereof over four thousand; but the fee shall in 
no case exceed twenty-five dollars, and the amount paid 
shall be certified by the city or town treasurer on the face 
of the license. The commissioner may grant as aforesaid 
special state licenses upon payment by the applicant of 
fifty dollars for each license; and the licensee may expose 
for sale in any city or town in the commonwealth any 
goods, wares or merchandise, the sale of which is not pro- 
hibited. 

Section 2. Section twenty of chapter sixty-five of the 
Revised Laws is hereby amended by striking out the word 
"secretary", in the first line, and inserting in place thereof 
the words : — commissioner of weights and measures, — so 
as to read as f oUow^s : — Section 20. The commissioner 
of weights and measures may also grant as aforesaid, special 
county licenses, upon payment by the applicant of one 
dollar for each county mentioned therein; and the licensee 
may expose for sale within such county any tin, britannia, 
glass, earthen, iron, plated or v/ooden wares of the manu- 
facture of the United States, or any other goods, wares or 
merchandise manufactured by himself or by his employer 
and not prohibited in section fourteen, upon paying to the 
treasurer of such county the amounts following: For Suffolk, 
Essex, ]\Iiddlesex and Worcester, each four dollars; for Nor- 
folk, Plymouth, Bristol, Berkshire and Hampden, each three 
dollars; for Franklin, Hampshire and Barnstable, each two 
dollars; and for Dukes County and Nantucket, each one 
dollar. County treasurers shall certify on the face of the 
license the amount of fees so paid. 

Section 3. Section twenty-two of said chapter sixty- 
five of the Revised Laws is hereby amended by striking out 
the word "secretary", in the second line, and inserting in 
place thereof the words : — commissioner of weights and 
measures, — so as to read as follows: — Section 22. A 
license granted under the provisions of section nineteen may 
be transferred by the commissioner of weights and measures, 



General Acts, 1915. — Chap. 253. 269 

upon application therefor and upon evidence furnished by 
the apphcant hke that required for granting a hcense. The 
transferee shall thereafter be liable in all respects as if he 
were the original licensee, and no person shall thereafter 
sell under such license except the person named in such 
transfer. 

Section 4. Section twenty-three of said chapter sixty- r. l. 65, § 23. 
five of the Revised Laws is hereby amended by striking out '^™°'^ 
the word "secretary", in the first line, and inserting in place 
thereof the words: — commissioner of weights and measures, 
— so as to read as follows : — Section 23. The commissioner Records, etc., 
of weights and measures shall keep a record of all licenses ° '<=''"^^- 
granted by him, with the number of each, the name and 
residence of the licensee, and the counties, cities and towns, 
if any, mentioned therein, and of all transfers of licenses. 
The treasurers of counties, cities and towns shall severally 
keep records of all licenses upon which the amounts pro\'ided 
in this chapter have been paid to them, with the number 
of each, the names and residences of the licensees and the 
amounts received thereon, and all such records shall be open 
for public inspection. This chapter or a synopsis thereof 
shall be printed on every license. All licenses granted 
under the provisions of this chapter shall bear date of the 
day on which they are issued, and shall continue in force 
for one year from such date. 

Section 5. Said chapter sixty-five of the Revised Laws r. l. es, § 24, 
is hereby amended by striking out section twenty-four and '''"'"^^^^• 
inserting in place thereof the following: — Section 24. AH ^'l^g'f.'''^^ 
the aforesaid fees paid to the commissioner of weights and 
measures shall be for the use of the commonwealth; and 
all such fees paid to the treasurer of a county, city or town 
shall be for the use of the county, city or town. Any license Revoking 
granted by the commissioner of weights and measures, ° 
under the provisions of this chapter or of any act in amend- 
ment thereof or in addition thereto, may be revoked by the 
commissioner upon conviction of the licensee of any crime 
which, in the judgment of the commissioner, warrants such 
revocation. Whenever any such licensee is convicted of ^nvfd^fonof 
any crime, the commissioner shall be notified by the clerk ^rime. 
of the court in which the conviction occurred. 

Section 6. Section twenty-five of said chapter sixty-five r. l. 65, § 25, 
of the Revised Laws is hereby amended by inserting after ^'"''"'^^'^^• 
the word "selectman", in the fourth line, the words: — com- 
missioner or inspector or sealer of weights and measures, — 



270 



General Acts, 1915. — Chap. 254. 



Posting name 
of licensee. 



Penalty. 



R. L. 65, § 29, 
amended. 

Prosecutors. 



Documents, 
papers, etc. 



SO as to read as follows : — Section 25. Every person licensed 
as aforesaid to peddle shall post his name, residence and the 
number of his license in a conspicuous manner upon his 
parcels or vehicle; and when his license is demanded of 
him by a mayor, alderman, selectman, commissioner or 
inspector or sealer of weights and measures, city or town 
treasurer or clerk, constable, police officer or justice of the 
peace, he shall forthwith exhibit it, and if he neglects or 
refuses so to do shall be subject to the same penalty as if 
he had no license. 

Section 7. Said chapter sixty-five of the Revised Laws 
is hereby amended by striking out section twenty-nine and 
inserting in place thereof the following: — Section 29. The 
commissioner and inspectors of weights and measures of the 
commonwealth and, within their respective cities and towns, 
sealers or deputy sealers of weights and measures, constables 
and police officers shall arrest and prosecute every hawker 
and pedler whom they may have reason to believe guilty 
of violating the provisions of this chapter relating to hawkers 
and pedlers. 

Section 8. All documents, papers and files now in the 
hands of the secretary of the commonwealth pertaining to 
the granting of licenses to hawkers and pedlers shall be 
delivered to the commissioner of weights and measures. 

Approved May 12, 1915. 

Chap. 254. An Act to authorize certain courts to appoint 

ASSISTANT probation OFFICERS AND CLERICAL ASSIST- 
ANTS. 

Be it enacted, etc., as foUoios: 

Section 1. The justice of each police, district, juvenile, 
and municipal court, except the municipal court of the city 
of Boston, may appoint such male and female probation 
officers as he shall from time to time determine to be necessary 
for his court. The justice of any court which has more 
than one probation officer may designate any one of the 
probation officers of his court as chief probation officer and 
may define his duties. Every probation officer shall hold 
office during the pleasure of the justice of the court for which 
he is appointed, and his compensation shall be determined 
by said justice, subject to approval by the county com- 
missioners, and shall be paid by the county on vouchers 
approved by the justice. Any additional probation officers 



Certain courts 
may appoint 
assistant pro- 
bation ofnc( 
etc. 



ricers, 



General Acts, 1915. — Chaps. 255, 256. 271 

of the Boston juvenile court shall exercise the same powers 
as are exercised by the probation officers appointed under 
the act creating said court. 

Section 2. Every court now authorized to appoint Clerical 
probation officers may employ such clerical assistants as 
may be deemed necessary for the keeping, indexing and 
consolidation of the probation records required to be kept 
in the court. The compensation for this service shall be 
paid by the county upon vouchers approved by the justice 
of the court in which the service is performed. 

Section 3. This act shall take effect upon its passage. 

Approved May 12, 1915. 



An Act relative to the carrying and displaying of Chav. 255 

FLAGS. 

Be it enacted, etc., as follows: 

Section 1. Chapter six hundred and seventy-eight of ^aiied/r^' 
the acts of the year nineteen hundred and thirteen, entitled p^aied. 
"An Act relative to the carrying or displaying of certain 
flags", is hereby repealed. 

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

Approved May 12, 1915. 

An Act to provide for the completion of the addition Chav. 25Q 
on the westerly side of the state house. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing suitable and addition on °^ 
adequate accommodations for transacting the business of ^te^houso^^ °^ 
the commonwealth, the state house building commission, 
established under the provisions of chapter eight hundred 
and thirty of the acts of the year nineteen hundred and 
thirteen, shall construct a forward projection on the lateral 
wing which is to be constructed on the west side of the 
present building, substantially the same as that provided 
for on the east side by said chapter eight hundred and 
thirty; and for this purpose shall purchase or take in fee 
simple, in behalf of the commonwealth, subject to the 
approval of the governor and council, the property adjoining 
the state house on the west, bounded by Hancock avenue. 
Mount Vernon street, Joy place and a line between the 
estates of James M. Forbes heirs and Robert T. Paine, 



272 



General Acts, 1915. — Chap. 256. 



Buildings to 
be removed. 



May make 
contracta. 



Proviso. 



Issue of bonds. 



between INIount Vernon place and Joy place, and through 
the Robert Treat Paine estate on Mount Vernon street and 
a line between the estates of H, Rand and E. T. Eldridge on 
Hancock avenue; and the provisions of chapter two hun- 
dred and sixty-two of the acts of the year eighteen hundred 
and eighty-two, relating to the manner of taking and the 
estimation and payment of damages, shall apply to the 
taking under this section. The said commission shall cause 
to be removed all the buildings now standing on said 
property, and may lay out, by change of grade or other- 
wise, such part of the land so taken or of adjoining land 
of the commonwealth as may be required for the purpose 
of this act. It may construct new approaches from any 
adjacent public streets and may build retaining walls and 
fences, and may do whatever else may be necessary to 
carry out the purposes of this act. 

Section 2. The said commission is hereby authorized to 
make on behalf of the commonwealth all contracts for the 
construction of said building: provided, that all work thereon 
shall be done by express contract and that proposals for 
work or material exceeding two thousand dollars in value 
shall be advertised for in at least two daily papers published 
in the city of Boston, and one each in the cities of Worcester, 
Springfield, Fall River, Lowell and Lawrence. All contracts 
shall be approved by the governor and council. The re- 
moval of the old buildings and the construction of the 
addition herein provided for shall begin as soon as is possible 
after the passage of this act. 

Section 3. In order to defray the expenses which may 
be incurred in carrying out the provisions of this act, the 
treasurer and receiver general is hereby authorized to issue, 
in the name of the commonwealth, bonds or notes to an 
amount not exceeding six hundred thousand dollars. The 
said bonds or notes shall be issued upon the serial payment 
plan from time to time as may be necessary, in such amounts 
and upon such terms, and shall be payable serially in such 
amounts and at such times, within a period not exceeding 
thirty years, as shall be determined by the treasurer and 
receiver general, with the approval of the governor and 
council, to be for the best interests of the commonwealth. 

Section 4. This act shall take effect upon its passage. 

Approved May 13, 1915. 



General Acts, 1915. — Chap. 257. 273 



An Act relative to the improvement of the highway Chap. 257 

BETWEEN NORTH BROOKFIELD AND BARRE PL.\INS. 

Be it enacted, etc., as foUoics: 

Section 1. The INIassachusetts highway commission is improvement 
hereby authorized to expend the sum of ten thousand dollars betwIen^North 
during the present year in the construction and improvement Bar?e^piaiiS°^* 
of the highway from North Brookfield to Barre Plains, be- 
ginning at the New Braintree and North Brookfield line 
and building northerly toward Barre Plains, in order that 
said way may be made safe and convenient for public travel. 
Neither said way nor any part thereof shall thereby become 
a state highway, but the way shall be maintained and kept 
in good repair by the towns in which it is situated until 
such time as it shall become a state highway. This act 
shall not be construed as prohibiting the laying out and 
construction of said way, or any part thereof, as a state 
highway under the law applicable thereto, whenever said 
commission shall deem it expedient so to do. Any un- 
expended balance of the sum hereby authorized to be ex- 
pended may be used in the succeeding year for the same 
purpose. 

Section 2. For the purpose of meeting the expenditures state Highway 
hereby authorized, the treasurer and receiver general is 
hereby empowered, with the approval of the governor and 
council, to issue bonds or certificates of indebtedness to an 
amount not exceeding ten thousand dollars, for a term not 
exceeding fifteen years. Such bonds or certificates of in- 
debtedness shall be issued as registered bonds, or with 
interest coupons attached, at a rate not exceeding four per 
cent per annum, payable semi-annually. They shall be 
designated on their face. State Highway Loan, shall be 
countersigned by the governor, and shall be deemed a pledge 
of the faith and credit of the commonvv^ealth; and the princi- 
pal and interest thereof shall be paid at the time specified 
therein in gold coin of the United States or its equivalent. 
They shall be sold at public auction, or disposed of in such 
other manner, at such times and prices, in such amounts 
and at such rates of interest, not exceeding the rate above 
specified, as shall be deemed best. 

Section 3. This act shall take effect upon its passage. 

Approved May 13, 1915. 



274 



General Acts, 1915. — Chaps. 258, 259. 



Manufacture 
of bread to be 
sold by the 
loaf. 



Chap. 25S An Act relative to the manufacture of bread to be 

SOLD BY the loaf. 

Be it enacted, etc., as follows: 

Section 1. Bread manufactured to be sold by the 
loaf shall be made from one or more of the following sub- 
stances : — v/heat flour, rye flour, corn flour, lard, vegetable 
oils, butter, sugar, malt extract, corn syrup, salt, yeast, 
water, milk, corn sugar, cereal flakes and any other substance 
commonly sold at retail as food. Bread in the manufacture 
of which any other materials are added shall have affixed 
thereto a label upon which shall be distinctly and con- 
spicuously printed in straight parallel lines of plain, un- 
condensed, legible type in Gothic letters not less than one 
fourth of an inch high, in the English language, well spaced 
on a plain ground, a statement indicating the presence of 
such other materials: provided, hoivever, that no materials 
of any kind shall be used which are poisonous or which are 
injurious to health. 

Section 2. Whoever by himself or by his agents, or as 
the servant or agent of another, violates any provision of 
this act shall be punished by a fine of not more than five 
hundred dollars or by imprisonment for not more than one 
year. 

Section 3. The state department of health, boards of 
health of cities and towns, and their authorized agents, 
shall have the right to enter all bakeries and other places 
where bread is made or baked for sale, and may take samples 
of bread and specimens of all materials used in the manu- 
facture of bread. Whoever prevents, obstructs, or interferes 
with the state department of health, a board of health, or 
any agent of the department or of any such board in the 
performance of its or his duties as specified herein, or hinders, 
obstructs or interferes with any inspection or examination 
authorized hereby, shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more 
than one year. Approved May 15, 1915. 



Proviso. 



Penalty. 



Inspection 
of bakeries. 



Penalty for 
obstructing, etc. 



Chap.2b9 An Act relative to licensing engineers and firemen. 

Be it enacted, etc., as folloivs: 

^t\nf^i°id Section 1. No person shall have charge of or operate a 
firemen. stcam boilcr or engine in this commonwealth, except boilers 



General Acts, 1915. — Chap. 259. 275 

and engines upon locomotives, motor road vehicles, boilers 
and engines in private residences, boilers in apartment houses 
of less than five apartments, boilers and engines under the 
jurisdiction of the United States, boilers and engines used 
for agricultural purposes exclusively, boilers and engines of 
less than nine horse power, and boilers used for heating 
purposes exclusively which are provided with a device 
approved by the chief of the district police limiting the 
pressure carried to fifteen pounds to tlie square inch, unless 
he holds a license as hereinafter provided. The owner or 
user of a steam boiler or engine, other than boilers or engines 
above excepted, shall not operate or cause to be operated a 
steam boiler or engine for a period of more than one week, 
unless the person in charge of and operating it is duly licensed : 
provided, hoicever, that in manufacturing plants an unlicensed ^''^^'^o- 
person may operate, under a licensed person on duty, a 
simple non-condensing engine of not more than one hundred 
and fifty horse power. 

Section 2. If such steam engine or boiler is found to operation by 
be in charge of, or operated by, a person who is not a duly iiceMed!°* 
licensed engineer or fireman and, after a lapse of one week 
from such time, it is again found to be operated by a person 
who is not duly licensed, it shall be deemed prima facie 
evidence of a violation of the provisions of the preceding 
section. 

Section 3. The words "have charge" or "in charge", ^gg^'jjj*®™^ 
in this act, shall designate the person under whose super- 
vision a boiler or engine is operated. The words "operate", 
"operated" or "operating", in the two preceding sections, 
shall designate the person who manipulates any appurte- 
nances of a boiler or engine: provided, however, that to Proviso. 
work with a licensed person there may be employed not 
more than one unlicensed person who, in the presence of 
and under the personal direction of the licensed person, may 
operate the appurtenances of a boiler or engine. 

Section 4. Whoever desires to act as engineer or fireman Application 
shall apply for a license therefor to the state inspector of ^°'^ "tenses. 
boilers for the city or town in which he resides or is em- 
ployed, upon blanks to be furnished by the boiler inspection 
department of the district police. The application shall 
be accompanied by a fee of one dollar, and shall show the 
total experience of the applicant. The examinations shall Examinations, 
be uniform throughout the commonwealth. To be eligible 
for examination for a first class fireman's license, a person 



276 



General Acts, 1915. — Chap. 259. 



Examinationa. 



Statements to 
be made under 
oath. 



Penalty. 



Licenses. 



must have been employed as a steam engineer or fireman 
in charge of or operating boilers for not less than one year, 
or he must have held and used a second class fireman's 
license for not less than six months. To be eligible for 
examination for a third class engineer's license, a person 
must have been employed as a steam engineer, or fireman 
in charge of or operating boilers, for not less than one and 
one half years, or he must have held and used a first class 
fireman's license for not less than one year. To be eligible 
for examination for a second class engineer's license, a 
person must have been employed as a steam engineer in 
charge of a steam plant or phints having at least one engine 
of over fifty horse power for not less than two years, or he 
must have held and used a third class engineer's license 
either as an engineer, assistant engineer or fireman for not 
less than one year, or have held and used a special license 
to operate a first class plant for not less than two years; 
except that any person who has served three years as ap- 
prentice to the machinist or boiler-making trade in stationary, 
marine or locomotive engine or boiler works and who has 
been employed for one year in connection with the operation 
of a steam plant, or any person graduated as a mechanical 
engineer from a duly recognized school of technology who 
has been employed for one year in connection with the 
operation of a steam plant, shall be eligible for examination 
for a second class engineer's license. To be eligible for 
examination for a first class engineer's license, a person 
must have been employed for not less than three years as a 
steam engineer in charge of a steam plant or plants having 
at least one engine of over one hundred and fifty horse 
power, or he must have held and used a second class engi- 
neer's license in a second class or first class plant or plants 
for not less than one and one half years. 

Section 5. The applicant shall make oath to the state- 
ments contained in his application, and the members of the 
boiler inspection department of the district police are hereby 
authorized to administer the oath. Wilful falsification in 
the matter of a statement contained in an application shall 
be deemed a sufficient cause for the revocation of the license 
at any time. The applicant shall be given a practical 
examination, and, if found competent and trustworthy, he 
shall receive a license graded according to the merits of his 
examination. An applicant for a first class or second class 
engineer's license or for a special license shall be examined 



General Acts, 1915. — Chap. 259. 277 



by a board of three examiners, one of whom may be the Board of 

,.„, ^ 'p 1 !•• 1 1 1 examiners. 

chiei mspector, and, ir the apphcant is employed, one member 
of said board shall be the state inspector of boilers for the 
city or town in which the applicant is employed, and the 
decision of said board shall be final. The applicant shall 
have the privilege of having one person present during his 
examination, who shall take no part in the same but who 
may take notes if he so desires. A period of ninety days 
shall elapse between examinations, except in the case of 
an appeal as hereinafter provided. 

Section G. A license shall continue in force until it is Revocation and 
suspended or revoked for the incompetence or untrust- orifceuae^ 
worthiness of the licensee, except that a special license shall 
not continue in force after the holder thereof ceases to be 
employed in the plant specified in the license. A person 
whose license is suspended or revoked shall surrender his 
license to a member of the boiler inspection department. 
If a new license of a different grade is issued, the old license 
shall be destroyed by the examiner. If a license is lost, or New licenses, 
is destroyed by fire or other means, a new license shall be 
issued in its place, without re-examination of the licensee, 
upon satisfactory proof to an examiner of such loss or de- 
struction. 

Section 7. Licenses shall be granted according to the classes of 
competence of the applicant, and shall be distributed in the ucense"^ 
following classes : — Engineer's 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, or engines, not exceeding fifty horse 
power each, 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 engineer's class, to have 
charge of or to operate steam fire engines and boilers. Fire- classes of 

iirGnion, 3 

men's licenses: — Extra first class, to hav^e charge of and licenses. 
operate any boiler or boilers. First class, to have charge 
of and operate any boiler or boilers where the safety valve 



278 



General Acts, 1915. — Chap. 259. 



fir^M'8^ or valves are set to blow at a pressure not exceeding twenty- 
licenses, 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 
engineer 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 
Special licenses, charge of the plant. Special licenses: — A person who 
desires to have charge of or to operate a particular steam 
plant may, if he files with his application for such examination 
a written request signed by the owner or user of the plant, 
be examined as to his competence for such service and no 
other, and, if found competent and trustworthy, he shall be 
Proviso. granted a license 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, except that where the 
main power plant is run by water power exclusively during 
the major part of the time, and has auxiliary steam power 
for use during periods of low water, a special license may be 
issued to an applicant holding an engineer's license. 

Section 8. The horse power of a boiler shall be as- 
certained upon a basis of three horse power for each square 
foot of grate surface or equivalent, when the safety valve is 
set to blow at a pressure exceeding twenty-five pounds per 
square inch, and on a basis of one and one half horse power 
for each square foot of grate surface or equivalent, wdien the 
safety valve is set to blow at twenty-five pounds pressure 
per square inch or less. 

The horse power of a reciprocating steam engine shall be 
ascertained upon the basis of a mean effective pressure of 
forty pounds per square inch of piston for a simple engine, 
fifty pounds for a condensing engine, and seventy pounds 
for a compound engine, calculated upon the area of the 
high pressure piston. A variable speed engine shall be 
rated at its designed mean speed. 

A steam turbine engine shall be rated at less than nine 
horse power when the external diameter of the steam supply 
pipe does not exceed one and three fourths inches. A steam 
turbine engine shall be rated at fifty horse power when the 
external diameter of the steam supply pipe exceeds one and 
three fourths inches, and does not exceed three and one 
half inches. A steam turbine engine shall be rated at one 
hundred and fifty horse power when the external diameter 



Horse power, 
how ascer- 
tained. 



General Acts, 1915. — Chap. 259. 279 

of the steam supply pipe exceeds three and one half inches, 
and does not exceed five inches. 

Section 9. A person who is aggrieved by the action of Appeals. 
an examiner in refusing, suspending or revoking a license, 
may appeal therefrom to the chief inspector of the boiler 
inspection department, who shall appoint three members 
of the boiler inspection department to act together as a 
board of appeal, one of whom may be the chief inspector. 
If an appeal is taken, it must be within one week after the 
decision of the examiner. The appellant shall have the 
privilege of having one person present during the hearing of 
his appeal, who shall take no part in the same but who may 
take notes if he so desires. The decision of a majority of 
the said examiners, acting as a board of appeal, shall be 
final. 

Section 10. An engineer's or fireman's license, granted ^isX^'ed' ^^ 
under the provisions of the seven preceding sections or the 
corresponding provisions of earlier laws, shall be placed so 
as to be easily read in a conspicuous place in the engine 
room or boiler room of the plant operated by the licensee. 
The person in charge of a stationary steam boiler upon Daily record 
which the safety valve is set to blow off at more than twenty- *° ^ '^^^' 
five pounds pressure to the square inch, except boilers upon 
locomotives, motor road vehicles, boilers in private residences, 
boilers in apartment houses of less than five apartments, 
boilers under the jurisdiction of the United States, boilers 
used for agricultural purposes exclusively, and boilers of 
less than nine horse power, shall keep a daily record of the 
boiler, its condition when under steam, and of all repairs 
made and work done on it, upon forms to be obtained upon 
application from the boiler inspection department. These 
records shall be kept on file and shall be accessible at all 
times to the members of the boiler inspection department. 

Section 11. The boiler inspection department of the Penalties. 
district police shall act as examiners and enforce the pro- 
visions of this act, and whoever violates any provision 
hereof shall be punished by a fine of not less than ten nor 
more than three hundred dollars, or by imprisonment for 
not more than three months. A trial justice shall have 
jurisdiction of complaints for violations of this act, and in 
such cases may impose a fine of not more than fifty dollars. 
All members of the boiler inspection department of the 
district police shall have authority, in the pursuance of their 
duty, to enter any premises on which a boiler or engine is 



280 



General Acts, 1915. — Chap. 260. 



Time of 
taking effect. 



Applicant to 
make oath. 



Repeals. 



situated, and any person who hinders or prevents or attempts 
to prevent any state boiler inspector from so entering shall 
be liable to the penalty specified in this section. 

Section 12. This act shall take effect upon its passage, 
and a license then in force shall continue in force until it is 
suspended or revoked for the incompetence or untrust- 
worthiness of the licensee, except that a special license shall 
not continue in force after the holder thereof ceases to be 
employed on the plant specified in the license. A license in 
force upon the passage of this act may be exchanged for a 
license of the same class under this act at any time there- 
after, on application to the boiler inspection department of 
the district police, upon forms to be furnished by said de- 
partment. The applicant shall make oath to the state- 
ments contained in the said application, and the members of 
the boiler inspection department of the district police are 
hereby authorized to administer the oath. 

Section 13. Sections seventy-eight to eighty-six, both 
inclusive, of chapter one hundred and two of the Revised 
Laws and all acts in amendment thereof or in addition 
thereto are hereby repealed. Approved May 17, 1915. 



Chap. 260 An Act relative to industries at the prison camp 

AND hospital. 



Prisoners at 
prison camp 
and hospital 
may do 
certain work. 



Disposition 
of receipts. 



Be it enacted, etc., as follows: 

Section 1. The superintendent of the prison camp and 
hospital at Rutland, may, with the approval of the board 
of prison commissioners, employ the prisoners confined in 
the camp section of the said prison camp and hospital in the 
preparation of road material, and for this purpose is au- 
thorized to use such machinery as said board may consider 
necessary. 

Section 2. Receipts from the sale of farm and poultry 
products or other materials produced by the labor of prisoners 
at the prison camp and hospital shall be paid into the treasury 
of the commonwealth monthly. So much thereof as may 
be necessary to pay the expense of providing machinery, 
equipment and other things necessary, including services of 
supervision to conduct the activities which produce the 
receipts above referred to, may be paid therefrom on schedules 
of vouchers approved by the superintendent and board of 
prison commissioners without specific appropriation. The 
surplus of the receipts remaining at the end of the fiscal year 



General Acts, 1915. — Chap. 261. 281 

after making payments as above authorized shall be trans- 
ferred and applied towards the maintenance expenses of said 
institution. 

Section 3. This act shall take effect upon its passage. 

Approved May 17, 1915. 

An Act relative to the packing, grading and sale of fhn^ ofil 

APPLES, 

Be it enacted, etc., as follows: 

Section 1. The standard barrel for apples shall be of for^app^fs^'*"''' 
the following dimensions when measured without distention 
of its parts : — length of stave, twenty-eight and one half 
inches; diameter of heads, seventeen and one eighth inches; 
distance between heads, twenty-six inches; circumference of 
bulge, sixty-four inches, outside measurement; and the 
thickness of staves not greater than four tenths of an inch: 
provided, that any barrel of a different form having a capacity Proviso. 
of seven thousand and fifty-six cubic inches shall be a standard 
barrel. 

The standard box for apples shall be of the following standard box. 
dimensions by inside measurement: eighteen inches by eleven 
and one half inches by ten and one half inches, without 
distention of its parts, and having a capacity of not less than 
two thousand one hundred seventy-three and one half 
cubic inches. 

Section 2. The standard grades of apples grown in this Gradea. 
commonv.'ealth when packed in closed packages shall be 
as follows: — "Fancy" shall include only apples of one "Fancy", term 
variety which are well matured specimens, hand-picked, '^''^"®'^- 
above medium color for the variety, normal shape, of good 
and reasonably uniform size, sound, free from disease, insect 
and fungus injury, bruises and any other defects except such 
as are necessarily caused in the operation of packing, and 
shall be packed properly in clean, strong packages: provided, Proviso, 
that apples of one variety which are not more than three 
per cent below the foregoing specifications may be graded as 
"fancy." 

Standard "A" shall include only apples of one varietv standard " a." 

I'l 11 ,1 . ii'ii i' term defined. 

which are well matured specimens, hand-picked, properly 
packed, of medium color for the variety, normal shape, 
sound, i)ractically free from disease, insect and fungus 
injury, bruises and other defects except such as are neces- 
sarily caused in the operation of packing: provided, that Proviso. 



282 



General Acts, 1915. — Chap. 261. 



Standard "B", 
term defined. 



Proviso. 



"Ungraded", 
term defined. 



Other desig- 
nations. 



Minimum size, 
term defined. 



Packages to 
be marked. 



apples of one variety which are not more than five per cent 
below the fore2;oing specifications may be graded as standard 
"A." 

Standard "B" shall include only apples of one variety, 
which are well matured, hand-picked, properly packed, 
practically normal shape, practically free from disease, 
insect and fungus injury or any other defect that materially 
injures the appearance or useful quality of the apples, and 
which may be less than medium color for the variet}^: pro- 
vided, that apples of one variety which are not more than 
ten per cent below the foregoing specifications may be 
graded as standard "B." 

"Ungraded". Apples not conforming to the foregoing 
specifications of grade, or, if conforming, not branded in 
accordance therewith, shall be classed as ungraded and so 
branded. 

Section 3. The marks indicating the grade, as above 
prescribed, may be accompanied by any other designation 
of grade or brand if such designation is not inconsistent 
with, or marked more conspicuously on the package than, 
the mark or marks required by section two of this act. 

Section 4. The minimum size of the fruit in all grades, 
including the ungraded, shall be marked upon the package, 
and shall be determined by taking the transverse diameter 
of the smallest fruit in the package at right angles to the stem 
and blossom end. Minimum sizes shall be stated in varia- 
tions of one quarter of an inch, such as two inches, two and 
one quarter inches, two and one half inches, two and three 
quarters inches, three inches, three and one quarter inches, 
and so forth, in accordance with the facts. Minimum sizes 
may be designated by figures instead of words. The word 
*' minimum" may be designated by using the abbreviation 
"min." 

Section 5. Every closed package of apples packed or 
repacked in the commonwealth and intended for sale, either 
within or without the commonwealth, shall have marked 
in a conspicuous place on the outside of the package in 
plain letters a statement of the quantity of the contents, the 
name and address of the packer or of the person by whose 
authority the apples were packed, the true name of the 
variety and the grade and the minimum size of the apples 
contained therein, in accordance with the provisions of 
sections two, three and four of this act, and the name of 
the state in which they were grown. If the true name of 



General Acts, 1915. — Chap. 261. 283 

the variety is not known to the packer or other person by 
whose authority the apples are packed, the statement shall 
include the words "variety unknown", and if the name 
of the state in which the apples were grown is not known, 
this fact shall also be set forth in the statement. If apples Repacked. 
are repacked, the package shall be marked "repacked", and 
shall bear the name and address of the repacker, or the 
name and address of the person by whose authority it is 
repacked, in place of that of the original packer. 

Section 6. The branding or marking of barrels under Branding or 
the provisions of this act shall be in block letters and figures "^^■'^'"^■ 
of a size not less than thirty-six point Gothic. The secretary 
of the state board of agriculture shall prescribe rules and 
regulations as to the lettering to be used in branding or 
marking other closed packages. 

Section 7. It shall be unlawful for any person to pack, Saie of certain 
sell, distribute or offer or expose for sale or distribution, prohibited. 
apples which are adulterated or misbranded within the 
meaning of this act. 

Section 8. For the purposes of this act, apples packed appies^Tem 
in a closed package shall be deemed to be adulterated if defined. 
their measure, quality or grade does not conform in every 
particular to the brand or mark upon or affixed to the package. 

Section 9. For the purposes of this act, apples packed Misbranded 
in a closed package shall be deemed to be misbranded : — defined. 

First. If the package is packed or repacked in the com- 
monwealth and fails to bear all statements required by 
sections two, three, four and five and in accordance with 
the provisions of section six of this act. 

Second. If the package, whether packed or repacked 
within or without the commonwealth is falsely branded, or 
bears any statement, design or device, regarding the apples 
contained therein, which is false or misleading, or if the 
package bears any statement, design or device indicating 
that the apples contained therein are of a specified Massa- 
chusetts standard grade, and said apples, when packed or 
repacked, do not conform to the requirements prescribed by 
this act for such grade. 

Section 10. Apples which have been in cold storage coid storage 
shall not be sold or distributed, or offered or exposed for sale '^pp'®^- 
or distribution, in closed packages until they have been in- 
spected in accordance with rules and regulations to be pre- 
scribed by the secretary of the state board of agriculture, 
unless a statement of the length of time during which the 



284 General Acts, 1915. — Chap. 261. 

apples have been kept in storage shall be plainly marked 
upon the package. 

Jubfrshed"^ Section 11. The secretary of the state board of agri- 

culture shall make rules and regulations for carrying out 
the provisions of this act, and he shall publish, on or before 
the first day of September following the passage of this act, 
and after a public hearing, rules for the grading and packing 
of apples and specifying, for each variety of apples, the 
minimum size which shall be included in the grade designated 
as "fancy"; and he may thereafter modify such rules and 
regulations. 

Inspection, etc. SECTION 12. The Secretary of the state board of agri- 
culture, in person or by deputy, shall have free access at all 
reasonable hours to any building or other place where apples 
are packed, stored, sold, or offered or exposed for sale. He 
shall also have power in person or by deputy to open any 
box, barrel, or other container, and may, upon tendering the 
market price, take samples therefrom. 

b"ufld.° Section 13. For the purpose of carrying out the pro- 

visions of this act there may be expended during the present 
fiscal year a sum not exceeding one thousand dollars, and 
thereafter such annual expenses as may be necessary shall be 
paid from the annual appropriation for disseminating useful 
information. 

Penalty. Section 14. Auy pcrsou who adulterates or misbrands 

apples within the meaning of this act, or who packs, re- 
packs, sells, distributes, or offers or exposes for sale or 
distribution, apples in violation of any provision of this act, 
or who wilfully alters, effaces or removes, or causes to be 
altered, effaced or removed, wholly or partly, any brands or 
marks required to be put upon any closed package under the 
provisions of this act, shall be punished by a fine not ex- 
ceeding fifty dollars for the first offence, and by a fine not 
exceeding one hundred dollars for each subsequent offence. 

Sem^ned""""* Section 15. No pcrsou who sells or distributes or offers 
or exposes for sale or distribution apples adulterated or mis- 
branded wdthin the meaning of this act shall be deemed to 
have violated any of the provisions of this act, if it shall 
appear that he acted in good faith solely as a distributor, 
or if he shall furnish a guaranty signed by the person from 
whom he received the apples, with the address of such 
person, that the apples are not adulterated or misbranded 
within the meaning of this act. In such case, the person 
from whom the distributor received the apples shall be 



General Acts, 1915. — Chaps. 262, 263. 285 

liable for the acts of the distributor who relied upon his 
guaranty, to the same extent as the distributor would have 
been liable under the provisions of this act. 

Section 16. The word "person", as used in this act "Person", term 
shall include persons, firms, corporations, societies and 
associations, and the acts of agents and employees shall be 
construed to be the acts of their principals and employers as 
well as of the agents and employees. The words "closed ^'"fterm*'^' 
package" shall mean a barrel, box or other container the defined. 
contents of which cannot be sufficiently seen for purposes 
of inspection without opening the container. 

Section 17. This act shall take effect upon its passage, Time of 
except that the provisions of sections one, two, three, four, *^'^"'s effect. 
five, six, seven, eight, nine, ten, fourteen, fifteen and sixteen 
shall not be operative until the first day of July, in the year 
nineteen hundred and sixteen. Approved May 17, 1015. 



An Act to provide additional clerical assistance for (JJku) 262 

THE register OF PROBATE AND INSOLVENCY FOR THE 
county of FRANKLIN. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and imended.^ ^' 
thirty-one of the acts of the year nineteen hundred and 
nine is hereby amended by striking out the word "four"; 
in the third line, and inserting in place thereof the word : — 
six, — so as to read as follows : — Section 1 . The register of ^erira°°^^ 
probate and insolvency for the county of Franklin shall be assistance for 
allowed for clerical assistance a sum not exceeding six hun- probate and 
dred dollars annually, which shall be paid by the common- FrTnkJi'Jf^ °' 
wealth to the persons who actually perform the work, upon ''°"°*^- 
the certificate of the register, countersigned by the judge 
of probate and insolvency. 

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

Approved May 18, 1915. 

An Act relative to the taking of land by cities and (jjidy 263 
towns for municipal purposes. * 

Be it enacted, etc., as follows: 

Section 1. Any city, except the city of Boston, by vote Taking of land 
of the city council or board of aldermen, or board or com- and'^t™ f^^^ 
mission having similar powers, together with the approval municipal 



286 



General Acts, 1915. — Chap. 264. 



Restrictions. 



of the mayor, and any town by vote of the town, may take, 
for any municipal purpose, any land within the limits of 
the city or town not already appropriated to public use. 
Whenever the price proposed to be paid for a lot of land 
for any municipal purpose is more than twenty-five per 
cent higher than its average assessed valuation during the 
previous three years, the land shall not be taken by purchase 
but shall be taken by right of eminent domain, and shall be 
paid for in the manner provided in the case of land taken 
for highways. No land shall be taken under the powers 
given by this act until an appropriation, by loans or other- 
wise, has been made for the purpose by a two thirds vote 
of the city government in cities, and by a vote of two thirds 
of the voters present and voting thereon at any regular 
meeting called for the purpose in towns. 

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

Approved May 19, 1015. 



1914, 742, § 91, 
etc., amended. 



Chap. 2Q4: An Act relative to the fees to be paid by gas and 

ELECTRIC companies FOR FILING AND RECORDING CERTAIN 
certificates in THE OFFICE OF THE SECRETARY OF THE 
COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. Section ninety-one of chapter seven hundred 
and forty-two of the acts of the year nineteen hundred and 
fourteen, as amended by chapter ninety-two of the General 
Acts of the year nineteen hundred and fifteen, is hereby 
further amended by striking out the word "sixty-eight", 
after the word "fifty-three", in the fourth paragraph, so as 
to read as follows: — Section 91. The fees for filing and 
recording the certificates which are required by this act to 
be filed with the secretary of the commonwealth shall be as 
follows : — 

For filing and recording the certificates required by section 
ten, including the issuing of the certificate of incorporation 
by the secretary, one twentieth of one per cent of the amount 
of the capital stock as fixed by the agreement of association; 
but not less in any case than five dollars. 

For filing and recording the certificate required by section 
sixty-eight, one twentieth of one per cent of the amount by 
which the capital is increased. 

For filing and recording the certificates or copies of the 
vote required by sections twenty-nine, forty-eight, fifty- 



Fees for filing 
certain certifi- 
cates by gas 
and electric 
companies, etc. 



General Acts, 1915. — Chap. 265. 287 

two, fifty-three, sixty-nine, seventy-one and seventy-two, 
one dollar for each certificate or copy of the vote. 

For filing and recording the certificate required by section 
sixty-five, five dollars. 

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

Approved May 19, 1915. 

An Act relative to the term for which licenses for (jfi^nj 265 

THE SALE OF INTOXICATING LIQUORS MAY BE GRANTED 
WITHIN THE TOWNS OF HULL AND NAHANT. 

Be it enacted, etc., as folloics: 

Section 1. Section thirteen of chapter one hundred of ^c ^amended' 
the Revised Laws, as amended by chapter four hundred 
and seventy-six of the acts of the year nineteen hundrefl 
and ten, is hereby further amended by inserting after the 
word "following", in the sentence next before the last, the 
words : — And in the towns of Hull and Nahant it is further 
provided that when either of said towns has voted to au- 
thorize the granting of licenses for the sale of intoxicating 
liquors at its last annual town meeting, and such special 
enumeration has been made in the calendar year last pre- 
ceding said last annual town meeting, the selectmen may, 
in April, receive applications for such licenses and investi- 
gate and publish the same, and may grant one such license 
for each five hundred of such temporary resident population, 
not including the permanent inhabitants of the town, as 
ascertained by said special enumeration taken in said last 
preceding calendar year, to take effect on the fifteenth day 
of May and to expire on the first day of October next follow- 
ing, — so as to read as follows : — Section 13. In cities Number of 
and towns which vote to authorize the granting of licenses liien'sed"^ sale 
for the sale of intoxicating liquors, the number of places Hquore^Umited. 
licensed for the sale of such liquors shall not exceed one for *^*''- 
each one thousand of the population as ascertained by the 
last preceding national or state census, but one such place 
may be licensed in any town having a population of less 
than one thousand. In Boston, one such place may be 
licensed for each five hundred of the population, but in no 
event shall the total number of licensed places therein ex- 
ceed one thousand. Nowhere in the commonwealth shall 
a fourth or fifth class license be granted to be exercised 
upon the same premises with a license of any of the first 
three classes, except that a licensed innholder, who has a 



288 



General Acts, 1915. — Chap. 265. 



Enumeration 
in certain 
towns having 
increased resi- 
dent population 
in summer 
months. 



Employment 
of enumerators. 



Expenses. 



Term for which 
licenses, etc., 
may be granted 
in towns of Hull 
and Nahant. 



license of any of the first three classes may Hkewise be granted 
a license of the fourth or fifth class for the purpose of supply- 
ing liquor to guests who have resorted to his inn for food 
or lodging. No more than one license shall be granted by 
any one vote of the licensing board. Such licenses shall 
be numbered in regular order as granted, and any license 
granted contrary to, or in excess of, the provisions of this 
section shall be void; but in a town voting as aforesaid at 
its last annual town meeting which has less than five thou- 
sand permanent residents according to the last preceding 
state or national census but has an increased resident popu- 
lation during the summer months, the selectmen may, 
on or before the fifteenth day of May in any year, apply 
to the chief of the bureau of statistics of labor to have an 
enumeration made of the teniporary or summer residents 
of such town. Said chief shall thereupon make such enumera- 
tion, between the twenty-third and the twenty-eighth day 
of June next following, under such rules as he shall establish. 
A person who has not been a resident of such town for at 
least three days preceding the enumeration shall not be 
regarded as a temporary or summer resident thereof. Said 
chief may employ, for such enumeration, such persons as 
may be necessary, who shall in all cases be residents of the 
town if suitable and competent persons can be found; other- 
wise, non-residents may be employed. The chief shall 
report the total number of such temporary or summer 
residents to the selectmen of the town on or before said 
twenty-eighth day of June. The expenses incurred in 
making such special enumeration shall be paid by the com- 
monwealth. The treasurer and receiver general shall there- 
upon issue his warrant, as provided in section thirty-four 
of chapter twelve, requiring the assessors of such towns to 
assess a tax to the amount of the expense incurred in making 
this special enumeration, and such amount shall be collected 
and paid over to the treasurer and receiver general in the 
same manner as other state taxes. The selectmen may, 
in April, receive applications for such licenses and investi- 
gate and publish the same; and may grant one such license 
for each five hundred of such temporary resident population, 
not including the permanent inhabitants of such town, 
as ascertained by said special enumeration, to take effect 
on the first day of July and to expire on the first day of 
October next following. And in the towns of Hull and 
Nahant it is further provided that when either of said 



General Acts, 1915. — Chap. 266. 289 

towns has voted to authorize the granting of Hcenses for 
the sale of intoxicating Uquors at its last annual town meet- 
ing, and such special enumeration has been made in the 
calendar year last preceding said last annual town meeting, 
the selectmen may, in April, receive applications for such 
licenses and investigate and publish the same, and may 
grant one such license for each five hundred of such temporary 
resident population, not including the permanent inhabit- 
ants of the town, as ascertained by said special enumera- 
tion taken in said last preceding calendar year, to take 
effect on the fifteenth day of ]\Iay and to expire on the 
first day of October next following. A selectman, member Penalty. 
of a licensing board or census enumerator who violates any 
provision of this section shall be punished by a fine of five 
hundred dollars. 

Section 2. Chapter sixty-seven of the General Acts Repeal, 
of the year nineteen hundred and fifteen is hereby repealed. 

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

Ayyroved May 19, 1915. 

An Act to provide for the establishment and main- rij.^^ or a 

TENANCE OF DAY AND EVENING CLASSES IN PRACTICAL ^' 

ARTS FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and six of the acts of ^^^-^^^^ 
the year nineteen hundred and twelve is hereby amended 
by inserting after the word "separate", in the third line, 
the words: — day and, — by striking out the words "shall 
be open to all", in the fifth line, and inserting in place thereof 
the words : — If day classes only, or evening classes only, 
are established, they shall be open to all women over sixteen 
years of age; if both day and evening classes are established 
the day classes shall be open only to women over sixteen 
years of age, and the evening classes shall be open only 
to, — and by striking out the word "and", in the sixth 
line, and inserting in place thereof the words : — Such 
classes, — so as to read as follows: — Any city or town may, Estabiishmont 
through its school committee, or other board of trustees nanclTorcer- 
for vocational education, establish and maintain separate p'ia"tfc:iiTr(L" 
day and evening classes in household and other practical for women. 
arts. Such classes shall be known as practical art classes. 
If day classes only, or evening classes only, are established, 
they shall be open to all women over sixteen years of age; 



290 General Acts, 1915. — Chap. 267. — Part I. 

if both clay and evening classes are established the day 
classes shall be open only to women over sixteen years of 
age, and the evening classes shall be open only to women 
over seventeen years of age who are employed in any capacity 
ciassMma^e ^uring tlic day. Such classes may be established and main- 
state-aided, tained as approved state-aided practical art classes under 
the provisions of, and subject to all the conditions, not in- 
consistent with this act, of chapter four hundred and seventy- 
one of the acts of the year nineteen hundred and eleven. 
Section 2. This act shall take effect upon its passage. 

Approved May 20, 1915. 



Chap. 267 An Act to simplify the revision of city charters. 
Be it enacted, etc., as follows: 

Part I. 

defi^^ed.*^'^'"^ Section 1. The following words and phrases as used in 
this act shall, unless a contrary intention clearly appears, 
have the following meanings, respectively: — 

The phrase "regular municipal election" shall mean the 
annual election of municipal officers for which provision is 
made in this act. 

The words "officer", "officers" and "administrative 
officers", when used without further qualification or de- 
scription, shall mean any person or persons in charge of 
any department or division of the city. The said words 
when used in contrast with a board or members of a board, 
or with division heads, shall mean any of the persons in 
sole charge of a department of the city. 

The word "ordinance" shall mean a vote or order of the 
mayor and city council entitled "ordinance" and designed 
for the permanent regulation of any matter within the 
jurisdiction of the mayor and city council as laid down in 
this act. 

The term "registered voter" shall mean a voter qualified 
to vote for elective officers within whose rights and powers 
the proposed measure would fall under this act. 

"Plan A" shall mean a city government and legislative 
body composed of the mayor and a city council, the council- 
lors being elected at large. 

"Plan B" shall mean a city government and legislative 
body composed of a mayor and city council, the council- 



General Acts, 1915.— Chap. 267. — Part I. 291 

lors being elected partly at large and partly from districts 
or wards of the city. 

"Plan C" shall mean a city government and legislative 
body composed of a mayor and commissioners as hereinafter 
specified. 

"Plan D" shall mean a city government and legislative 
body composed of a mayor and four councillors, and an 
administrative officer, called the city manager, whose 
powers and duties are defined in Part V of this act. 

Section 2. Any citv, except Boston, which shall adopt, Certain cities 

, . '„ Ml r 1 1 i" "^''^^ adopt one 

in the manner heremaf ter prescribed, one oi the plans or of the plana ot 
government provided in this act, shall thereafter be governed provided. 
by the provisions thereof; and the inhabitants of such city 
shall continue to be a municipal corporation under the 
name existing at the time of such adoption, and shall have, 
exercise and enjoy all of the rights, immunities, powers and 
privileges, and shall be subject to all the duties, liabilities 
and obligations provided for herein, or otherwise pertaining 
to or incumbent upon the said city as a municipal corpora- 
tion. 

Section 3. None of the legislative powers of a city shall p^^l'^ ^^t 
be abridged or impaired by the provisions of this act, but abridged. 
all such legislative powers shall be possessed and exercised 
by such body as shall be the legislative body of the city 
under the provisions of this act. 

Section 4. All ordinances, resolutions, orders or other ordinances, 
regulations of a city or of any authorized body or official untii'repeffed, 
thereof, existing at the time when such city adopts a plan 
of government set forth in this act, shall continue in full 
force and effect until annulled, repealed, modified or super- 
seded. 

Section 5. Until superseded under the provisions of ^rgan^ation to 
this act, the organization of the executive and administrative g°p*^^"ded^*'^ 
departments, and the powers and duties of the officers and 
employees of any city adopting any of the plans provided 
for in this act, and the fiscal year of such city shall remain as 
constituted at the time of the adoption of such plan; but 
the mayor and city council or other legislative body may 
at any time by ordinance, not inconsistent with general 
laws, reorganize, consolidate, or abolish departments, in 
whole or in part; may transfer the duties, powers and 
approi)riations of one department to another, in whole or 
in part; may establish new departments; and may increase, 
reduce, establish or abolish salaries of heads of departments 



etc. 



292 



General Acts, 1915. — Chap. 267. — Part I. 



Number of 
wards to 
continue until 
changed 
according 
to law. 



Filing of 
petition calling 
for vote on 
adoption 
of plan. 



Form of 
petition. 



or members of boards. Nothing in this section contained 
shall authorize any action in conflict with the civil service 
law and the rules and regulations made thereunder. 

Section 6. The territory of a city adopting any of the 
plans of government provided for in this act shall continue 
to be divided into the same number of wards existing at the 
time of such adoption, which wards shall retain their boun- 
daries until the same shall be changed under the general 
law relating thereto in any year fixed by law for a new 
division of wards by cities. 

Section 7. At any time not less than thirty days after 
the passage of this act, a petition addressed to the council 
or other legislative body of any city, in the form and signed 
and certified as provided in the next section, may be filed 
with the city clerk, who shall present the same to the city 
council or other legislative body. The petition shall be 
signed by qualified voters of the city to a number equal at 
least to ten per cent of the registered voters at the state 
election next preceding the filing of the petition. 

Section 8. The petition shall be in substantially the 
following form : — 



To the city council (or other legislative body) of the city of _. 

We, the undersigned, Qualified voters of the city, respectfully peti- 
tion your honorable body to cause to be submitted to a vote of the 

voters the following question: "Shall the city of .adopt 

the form of government defined as Plan (A, B, C, or D, as it is desired 
by petitioners), and consisting of (describe plan briefly, as govern- 
ment by a mayor and nine councillors elected at large, or govermnent 
by a mayor and councillors elected partly at large and partly from 
wards or districts, or government by five commissioners, one of whom 
shall be the mayor, or government by a mayor and four councillors, 
with a city manager), according to the provisions of chapter. ..... 

of the General Acts of the year nineteen hundred and fifteen entitled 
'An Act to simphfy the revision of city charters'?" 



Separate sheets 
may bo used. 



Copy to be 
sent to city 
council. 



The petition may be in the form of separate sheets, each 
sheet containing at the top thereof the heading above set 
forth, and when attached together and offered for filing the 
several papers shall be deemed to constitute one petition, 
and there shall be endorsed thereon the name and address 
of the person presenting the same for filing. 

Section 9. Within five days after the petition shall have 
been filed with him, the city clerk shall transmit a certified 
copy thereof to the city council, or other legislative body of 
the city, except that the signatures upon the petition need 



General Acts, 1915. — Chap. 267. — Part I. 293 

not be copied, but in place thereof the city clerk shall state 
the number of signatures of registered voters thereon, 
certified as such by the registrars of voters. If the petition Submisaion 
shall have been filed with the city clerk, or if, in case a at state 
summary proceeding has been instituted and final decree 
thereon has been made in favor of the sufficiency of the 
petition, not less than one month prior to a regular state 
election, the question or questions proposed by the petition 
shall duly be submitted upon the official ballot to a vote 
of the registered voters of the city at such regular state 
election. 

Section 10. The question of the adoption of not more oue plan only 
than one plan may be submitted at an election. If, pending "idw-ecf laaii 
the determination of the question or questions proposed by '^''='=t*°'»- 
petition already filed, another petition presenting the question 
of the adoption of a different plan shall be presented for 
filing with the city clerk, no action shall be taken upon 
the later petition, except to file it, until after the subrnission 
to a vote of the cpestion or questions proposed by the 
earlier petition. Should the result of such vote be adverse 
thereto, proceedings shall then be had upon the later pe- 
tition as though it had been filed upon the day when such 
vote on the earlier petition was cast. 

Section 11. If a majority of the total number of votes Majority vote 
cast at a regular state election for and against the adoption ^'^^^"^ ■ 
of one of the plans of government provided for in this act 
shall be in favor of its adoption, the provisions of this act, 
so far as applicable to the form of government under the 
plan adopted by the city, shall supersede the provisions of its 
charter and of the general and special laws relating thereto 
and inconsistent herewith, but not, however, until officers 
provided for under such plan shall have been duly elected 
and their terms of office shall have begun. The officers Election 
provided for under the plan so adopted shall be elected in ° 
accordance with the provisions of this act relating to such 
plan and in accordance with the provisions of section fif- 
teen of this part, and their terms of office shall begin at 
ten o'clock in the forenoon of the first Monday of January 
following their election. 

Section 12. Should a majority of the votes cast be Votoon 
against the adoption of the plan proposed, no petition pro- °* ^'^ ^ 
posing the same plan shall be filed within one year there- 
after; but a petition proposing the adoption of one of the 
other plans provided for in this act may be filed at any 



294 



General Acts, 1915. — Chap. 267. — Part I. 



Four year 
period for plan 
adopted. 



Certain officials 
to carry out 
provisions, etc. 



Dates of 
elections. 



No primaries 
or caucuses 
to be held. 



Certain officials 
to be sworn, 
time, etc. 



time thereafter, and proceedings thereon shall be had as 
though no prior petition under this act had been filed. 

Section 13. Should any one of the plans of government 
provided for in this act be adopted, the plan shall continue 
in force for the period of at least four years after the be- 
ginning of the terms of office of the officials elected there- 
under; and no petition proposing a different plan shall be 
filed during the period of three years and six months after 
such adoption. 

Section 14. It shall be the duty of the mayor, the 
aldermen and the common council, the city council or other 
legislative body and the city clerk in office when any plan 
of government set forth in this act has been adopted by 
the qualified voters of any city, or is proposed for adoption, 
to comply with all requirements of this act relating to such 
proposed adoption and to the election of the officers specified 
in the said plan, to the end that all things may be done 
which are necessary for the nomination and election of the 
officers first to be elected under the provisions of this act 
and of the plan so adopted. 

Section 15. The first city election next succeeding the 
adoption of any of the plans provided for by this act shall 
take place on the third Tuesday of December next succeed- 
ing such adoption, and thereafter the city election shall take 
place annually on the Tuesday next following the first 
Monday of December, and the municipal year shall begin 
and end at ten o'clock in the morning of the first Monday 
of January in each year. 

Section 16. No primary or caucus for municipal officers 
shall be held. Candidates for mayor, city council and 
school committee shall be nominated in accordance with 
the provisions of section one hundred and ninety-eight of 
Part II of chapter eight hundred and thirty-five of the 
acts of the year nineteen hundred and thirteen. 

Section 17. On the first Monday in January at ten 
o'clock in the forenoon, the mayor-elect and the councillors- 
elect shall meet and be sworn to the faithful discharge of 
their duties. The oath may be administered by the city 
clerk or by any justice of the peace, and a certificate that 
such oath has been taken shall be entered on the journal of 
the city council. At any meeting thereafter the oath may 
be administered in the presence of the city council to the 
mayor, or to any councillor absent from the meeting on the 
first Monday in January. 



General Acts, 1915. — Chap. 267. — Part I. 295 

Section 18. Except as is especially provided in this Legislative 

, , . , . i> , I •, •! 1 powers, etc. 

section, tlie legislative powers or the city council may be 
exercised as p^o^'ided by ordinance or rule adopted by it. 

1. Every member of the council shall have the right to Quorum, etc. 
vote on any question coming before it. A majority of the 
council shall constitute a quorum, and the affirmative vote 

of a majority of all the members of the council shall be 
necessary to adopt any motion, resolution or ordinance. 

2. The city council shall, from time to time, establish ^^"''eedings. 
rules for its proceedings. Regular and special meetings of 

the council shall be held at a time and place fixed by ordi- 
nance. All legislative sessions shall be open to the public, 
and every matter coming before the council for action shall 
be put to a vote, the result of which shall be duly recorded. 
A full and accurate journal of the proceedings of the council 
shall be kept, and shall be open to the inspection of any 
registered voter of the city. 

3. The council shall, by a majority vote, elect a city City cierk, 
clerk to hold office for the term of three years and until his 
successor is elected and qualified. He shall have such 
powers and perform such duties as the council may from 

time to time prescribe, in addition to such duties as may 
be prescribed by law. He shall keep the records of the 
meetings of the council. 

The person holding the office of city clerk at the time City clerk to 
when any of the plans set forth in this act shall have been successoris"" ' 
adopted by such city shall continue to hold office for the 'i"'*''^'^'^' 
term for which he was elected and until his successor is 
elected and qualified. 

Section 19. The city council at any time may request city council 

.;; . „ . ^ " .^. , may request 

from the mayor specihc iniormation on any municipal information of 
matter within its jurisdiction, and may request him to be °^^^°'"' 
present to answer written questions relating thereto at a 
meeting to be held not earlier than one week from the date 
of the receipt by the mayor of said questions. The mayor 
shall personally, or through a head of a department or a 
member of a board, attend such meeting and publicly 
answer all such questions. The person so attending shall 
not be obliged to answer questions relating to any other 
matter. The mayor at any time may attend and address Mayor may 
the city council in person or through the head of a depart- ackiress council. 
ment, or a member of a board, upon any subject. 

Section 20. No ordinance shall be passed finally on Ordinances. 
the date on which it is introduced, except in cases of special ^^^^^^' ^ 



296 



General Acts, 1915. — Chap. 267. — Part I. 



Ordinances, 
passage, etc. 



Amendmenta, 
etc. 



Passage at 
one session. 



Ordinances, 
etc., to be 
published. 



Obligations, 
actions, legal 
acts, etc., to 
continue. 



emergency involving the health or safety of the people or 
their property. 

No ordinance shall be regarded as an emergency measure 
unless the emergency is defined and declared in a preamble 
thereto separately voted on and receiving the affirmative 
vote of two thirds of the members of the city council. 

No ordinance making a grant, renewal or extension, what- 
ever its kind or nature, of any franchise or special privilege 
shall be passed as an emergency measure, and except as 
provided in chapter one hundred and twenty-two of the 
Revised Laws and sections one hundred and twenty-six and 
one hundred and twenty-seven of chapter seven hundred 
and forty-two of the acts of the year nineteen hundred and 
fourteen and acts in amendment thereof and in addition 
thereto, no such grant, renewal or extension shall be made 
otherwise than by ordinance. 

Section 21. No ordinance or part thereof shall be 
amended or annulled except by an ordinance adopted in 
accordance with the provisions of this act. 

Section 22. Any ordinance, order or resolution may be 
passed through all its stages of legislation at one session, 
provided that no member of the council objects thereto; 
but if any member of the council objects, the measure shall 
be postponed for that meeting. 

Section 23. Every proposed ordinance or loan order, 
except emergency measures as hereinbefore defined, shall be 
published once in full in at least one newspaper of the city, 
and in any additional manner that may be provided by 
ordinance, at least ten days before its final passage. After 
such final passage, it shall, in the same manner as before, 
again be published once, as amended and completed, except 
in the case of an emergency ordinance which may be passed 
as hereinbefore provided and which shall take effect on its 
passage, and shall be so published at the earliest practicable 
moment. 

Section 24. All official bonds, recognizances, obliga- 
tions, contracts and all other instruments entered into or 
executed by or to the city before this act takes effect in any 
city, and all taxes, special assessments, fines, penalties, 
forfeitures incurred or imposed, due or owing to the city, 
.shall be enforced and collected, and all writs, prosecutions, 
actions and causes of action, except as is herein otherwise 
provided, shall continue without abatement and remain 
unaffected by this act; and no legal act done by or in favor 



General Acts, 1915. — Chap. 267. — Part I. 297 

of the city shall be rendered invalid by its adoption of 
any plan of government provided for by this act. 

Section 25. The civil service laws shall not apply to civii service 
the appointment of the mayor's secretaries or of the stenog- apTsiy" to certain 
raphers, clerks, telephone operators and messengers con- employees. 
nected with his office, and the mayor may remove such 
appointees without a hearing and without making a state- 
ment of the cause for their removal. 

Section 26. If a vacancy occurs in the office of the certain 
mayor or city council before the last six months of the term how mied. 
of office, the city council shall order an election for a mayor 
or a member of the council to serve for the unexpired term; 
and if such vacancy occurs in the last six months of said 
term, the president of the city council shall succeed to the 
office of mayor for the unexpired term. If the mayor is 
absent or unable from any cause temporarily to perform his 
duties they shall be performed by the president of the city 
council. The person upon whom such duties shall devolve "Acting 
shall be called "acting mayor", and he shall possess the [J^wsand 
powers of mayor only in matters not admitting of delay, '^"*''"'- 
but shall have no power to make permanent appointments. 

Whenever, under Plan C, any councillor shall be tem- Disability of 
porarily unable for any cause to perform the duties of his '«"°<='^^°''' e'"- 
office, the council may appoint one of its members to exer- 
cise his powers and perform his duties during such dis- 
ability. Should an appointive officer of the city be tem- 
porarily unable for any cause to perform his duties, the 
council or the mayor, having the power of original appoint- 
ment, may make a temporary appointment of some person 
to act until such official shall resume his duties. 

Section 27. It shall be unlawful for the mayor or for officials and 
a member of the city council or school committee or for pro?(nS from 
any officer or employee of the city directly or indirectly to "haHngrn 
make a contract with the city, or to receive any commission, coi^tracts, 
discount, bonus, gift, contribution, or reward from or any 
share in the profits of any person or corporation making or 
performing such contract, unless the mayor, such member, 
officer or employee, immediately upon learning of the ex- 
istence of such contract, or that such contract is proposed, 
shall notify in writing the mayor, city council or school com- 
mittee of the nature of his interest in such contract, and 
shall abstain from doing any official act on behalf of the 
city in reference thereto. In case of such interest on the 
part of an officer whose duty it is to sign such contract 



298 



General Acts, 1915. — Chap. 267. — Part I. 



Proviso. 



Penalty. 



Proposals to be 
asked for cer- 
tain contracts. 



Advertise- 
ments, terms, 
etc. 



Mayor to 
approve cer- 
tain contracts. 



on behalf of the city, the contract may be signed by any 
other officer of the city duly authorized thereto by the 
maj^or, or if the mayor has such interest, by the city clerk: 
provided, however, that when a contractor with the city 
is a corporation or a voluntary stock association, the owner- 
ship of less than five per cent of the stock or shares actually 
issued shall not be considered as involving an interest in 
the contract within the meaning of this section, and such 
ownership shall not affect the validity of the contract unless 
the owner of such stock or shares is also an officer or agent 
of the corporation or association, or solicits or takes part 
in the making of the contract. 

A violation of any provision of this section shall render 
the contract in respect to which such violation occurs void- 
able at the option of the city. Any person violating the 
provisions of this section shall be punished by a fine of not 
more than one thousand dollars, or by imprisonment for 
not more than one year, or by both such fine and imprison- 
ment. 

Section 28. No contract for con.struction work or for 
the purchase of apparatus, supplies or materials, whether the 
same shall be for repairs or original construction, the esti- 
mated cost of which amounts to or exceeds two hundred 
dollars, except in cases of special emergency involving the 
health or safety of the people or their property, shall be 
awarded unless proposals for the same shall have been invited 
by advertisements in at least one newspaper published in 
the city once a week for at least two consecutive weeks, 
the last publication to be at least one week before the time 
specified for the opening of said proposals. Such advertise- 
ments shall state the time and place where plans and speci- 
fications of proposed work or supplies may be had and the 
time and place for opening the proposals in answer to said 
advertisements, and shall reserve to the city the right to 
reject any or all of such proposals. All such proposals 
shall be opened in public. No bill or contract shall be 
split or divided for the purpose of evading any provision 
of this act. 

Section 29. All contracts made by any department, 
board or commission in which the amount involved is two 
hundred dollars or more shall be in writing, and no such 
contract shall be deemed to have been made or executed 
until the approval of the mayor and of the department or 
board making the contract is affixed thereto. Any contract 



General Acts, 1915. — Chap. 267. — Part I. 299 

made as aforesaid may be required to be accompanied by Surety bond, 
a bond with sureties satisfactory to the board or official ^^' 
having the matter in charge, or by a deposit of money, 
certified check or other security for the faithfid performance 
thereof, and such bonds or other securities shall be deposited 
with the city treasurer until the contract has been carried 
out in all respects; and no such contract shall be altered 
except by a written agreement of the contractor, the sureties 
on his bond, and the officer, department or board making 
the contract, with the approval of the mayor affixed thereto. 

Section 30. At the request of any department, and with Taking of land 
the approval of the mayor and the city council, the city purj^aes!"^'*^ 
council or corresponding body may take in fee, in the name 
of the city, for any municipal purpose any land within the 
limits of the city not already appropriated to public use. 
Whenever the price proposed to be paid for a lot of land ^^in^^t °^ 
for any municipal purpose is more than twenty-five per domain. 
cent higher than its average assessed valuation during the 
previous three years, the land shall not be taken by pur- 
chase, but shall be taken by right of eminent domain and 
paid for in the manner provided for the taking of, and the 
payment of damages for, land taken for highways in the 
city concerned. No land shall be taken until an appro- 
priation by loan or otherw^ise for the general purpose for 
which land is needed shall have been made by the mayor 
and city council, or corresponding body, by a two thirds 
vote of all its members; nor shall a price be paid in excess 
of the appropriation, unless a larger sum is awarded by a 
court of competent jurisdiction. All proceedings in the Record to 
taking of land shall be under the advice of the law depart- ^ "'^*" 
ment, and a record thereof shall be kept by that depart- 
ment. 

Section 31. The school committee shall consist of the sohooicom- 
mayor, who shall be the chairman, and six members who termretc!""^'''^' 
shall be elected at large. At the first annual city election 
held in any city after its adoption of one of the plans of 
government provided for in this act, there shall be elected 
two members to serve for one year, two for two years and 
two for three years, and annually thereafter there shall be 
elected two members to serve for the term of three years. 

Section 32, The school committee shall elect annually to appoint 
a superintendent of schools, and may, under the laws regu- entfetc.'^'^ 
lating the civil service, appoint, suspend or remove at 
pleasure such subordinate officers or assistants, including 



300 



General Acts, 1915. — Chap. 267. — Part I. 



Members, etc., 
prohibited from 
holding other 
offices. 



Powers and 
duties. 



Sites, plans, 
etc., for school 
buildings. 



To make rules 
and regtilations. 



Meetings to be 
public. 



janitors of school buildings, as it may deem necessary for 
the proper discharge of its duties and the conduct of its 
business; it shall define their terms of service and their 
duties, and shall fix their compensation. No member of 
the school committee, except the mayor, shall, during the 
term for wliich he is elected, hold any other office or position 
the salary or compensation for which is payable out of the 
city treasury. The committee shall organize annually on 
the first Monday in January, and shall elect one of its mem- 
bers as vice chairman, whose duty it shall be to preside 
at all meetings of the committee at which the mayor is 
not present. 

Section 33. The school committee, in addition to the 
powers and duties pertaining by law to school committees, 
shall have power to provide, when they are necessary, 
temporary accommodations for school purposes, and shall 
have the control of all school buildings and of the grounds 
connected therewith, and the power to make all repairs, 
the expenditures for which are made from the regular ap- 
propriation for the school department, except as is other- 
wise provided herein. Nothing in this act shall be con- 
strued to amend, alter or repeal any special act fixing the 
amount that the school committee of any city may ap- 
propriate for school purposes, provided that such act has 
been submitted to the legal voters of the city and has been 
accepted by them within five years prior to the passage of 
this act. 

Section 34. No site for a school building shall be ac- 
quired by the city unless the approval of the site by the 
school committee is first obtained. No plans for the con- 
struction of or alterations in a school building shall be 
accepted, and no work shall be begun on the construction 
or alteration of a school building, unless the approval of 
the school committee and the mayor therefor is first ob- 
tained. Nothing herein contained shall require such ap- 
proval for the making of ordinary repairs. 

Section 35. The school committee shall make all 
reasonable rules and regulations for the management of the 
public schools of the city and for conducting the business 
of the committee, provided that such rules are not incon- 
sistent with any laws of the commonwealth. 

Section 36. All meetings of the school committee shall 
be open to the public, except that, when requested by not 
less than four members of the committee, any particular 



General Acts, 1915. — Chap. 267. — Part I. 301 

meeting shall, be private. The vote on any particular Yea and nay 
measure shall be by call of the yeas and nays, when re- ^°**" 
quested by not less than two members of the committee. 

Section 37. If a vacancy occurs in the school committee May mi 
by failure to elect, or otherwise, the city coimcil and the their'own'body. 
remaining members of the school committee shall meet in 
joint convention and elect a suitable person to fill the vacancy 
until the next annual city election. The mayor, if present, 
shall preside at the convention. 

wSection 38. A petition meeting the requirements here- Petition for 
inafter provided and requesting the city council to pass an "moisunj." 
ordinance, resolution, order or vote, except an order granted 
under the provisions of chapter one hundred and twenty- 
two of the Revised Laws and sections one hundred and 
twenty-six and one hundred and twenty-seven of chapter 
seven hundred and forty-two of the acts of the year nineteen 
hundred and fourteen and acts in amendment thereof and 
in addition thereto, or requesting the school committee to 
pass a resolution, order or vote, all of these four terms being 
hereinafter included in the term "measure", therein set 
forth or designated, shall be termed an initiative petition, 
and shall be acted upon as hereinafter provided. 

Section 39. Signatures to initiative petitions need not signatures 
be all on one paper. All such papers pertaining to any one petiuons!^^ 
measure shall be fastened together and shall be filed in the 
office of the city clerk as one instrument, with the endorse- 
ment thereon of the names and addresses of three persons 
designated as filing the same. With each signature to the 
petition shall be stated the place of residence of the signer, 
giving the street and number, if any. 

Within five days after the filing of said petition the regis- certification 
trars of voters shall ascertain by what number of registered voters!*^^'^^^ 
voters the petition is signed, and what percentage that 
number is of the total number of registered voters, and 
shall attach thereto their certificate showing the result of 
such examination. 

The city clerk shall forthwith transmit the said certificate city clerk to 
with the said petition to the city council or to the school t[ficate,'etc!^" 
committee, accordingly as the petition is addressed, and at 
the same time shall send a copy of said certificate to one or 
more of the persons designated on the petition as filing the 
same. 

Section 40. If an initiative petition be signed by regis- Action by city 
tered voters equal in number, except as is provided in section committce'if'°°' 



302 



General Acts, 1915. — Chap. 267. — Part I. 



initiative 
petition is 
fully signed. 



Referendum. 



Proviso. 



Referendum, 
when petition 
fails. 



Referendum 
petition. 



forty-three of this act, to at least twenty per cent of the 
whole number of registered voters, the city council or the 
school committee shall, within twenty days after the date 
of the certificate of the registrars of voters that the petition 
has been signed by the required percentage of registered 
voters, either : — 

1. Pass said measure without alteration, subject to the 
referendum vote provided by this act or, 

2. The city council shall call a special election to be held 
on a Tuesday fixed by it not less than thirty nor more than 
forty-five days after the date of the certificate hereinbefore 
mentioned, and shall submit the proposed measure without 
alteration to a vote of the registered voters of the city at 
that election: provided, however, that if any city election is 
otherwise to occur within ninety days after the date of said 
certificate, the city council may, at its discretion, omit 
calling the special election and submit the proposed measure 
to the voters at such other previously pending election. 

Section 41. If an initiative petition be signed by regis- 
tered voters equal in number to at least eight per cent but 
less than twenty per cent of the total number of registered 
voters, and said measure be not passed without alteration 
within twenty days by the city council or the school com- 
mittee, as provided in the preceding section, then such 
proposed measure, without alteration, shall be submitted 
by the city council to a vote of the registered voters of the 
city at the next annual city election. 

Section 42. If within twenty days after the final passage 
of any measure by the city council or by the school com- 
mittee, a petition signed by registered voters of the city, 
equal in number to at least twelve per cent of the total 
number of registered voters, be presented to the city council 
or to the school committee, as the case may be, protesting 
against such measure or any part thereof taking effect, the 
same shall thereupon and thereby be suspended from taking 
effect; and the city council or the school committee, as the 
case may be, shall immediately reconsider such measure or 
part thereof; and if such measure or part thereof be not en- 
tirely annulled, repealed or rescinded, the city council shall 
submit the same, by the method herein provided, to a vote 
of the qualified voters of the city, either at the next regular 
city election, or at a special election which may, in its dis- 
cretion, be called for the purpose, and such measure or part 



General Acts, 1915. — Chap. 267. — Part I. 303 

thereof shall forthwith become null and void unless a ma- Referendum 
jority of the qualified voters voting on the same at such p''*'*'"'^- 
election shall vote in favor thereof. 

The petition provided for by this section shall be termed a 
referendum petition. 

The procedure in respect to such referendum petition shall Procedure, etc. 
be the same as that provided by section forty of this act, 
except that the words "measure or part thereof protested 
against" shall for this purpose be understood to replace the 
word "measure" in that section wherever it may occur, and 
that the word "referendum" shall be understood to replace 
the word "initiative" in that section. 

Section 4.3. For the purposes of this act, the number of Women voters 

• . 1 i 1 II 1 , 1 . • to be counted. 

registered women voters shall be taken mto account m 
fixing the requisite number of signatures for initiative and 
referendum petitions for measures on which they have the 
right of voting. 

Section 44. The city council may, of its own motion, city council 
and shall, upon request of the school committee in case of ^uOTtions"to 
a measure originating with that committee and pertaining '^'**''''^- 
to the affairs under its administration, submit to a vote of 
the registered voters of the city for adoption or rejection at 
a general or special city election any proposed measure, 
or a proposition for the annulment, repeal or amendment 
of any measure, in the same manner and with the same 
force and effect as are hereby provided for submission on 
petition. 

Section 45. If two or more proposed measures passed ^nfl^ctfng'^'*'' 
at the same election contain conflicting provisions, that one provisions. 
of said measures which received the larger number of affirma- 
tive votes shall take eft'ect and the other shall be void. 

Section 46. The ballots used when voting upon such Ballots to 
proposed measure shall state the nature of the measure in ofmea^ure™ 
terms sufficient to show the substance thereof. No measure 
shall go into effect unless it receives the affirmative votes of 
at least a third of the whole number of registered voters. 

Section 47. The provisions of this part shall, upon the Certain 
adoption by any city of any of the plans of government apply t'o'^oth'er 
hereinafter set forth, apply to the plan so adopted, except p'^"^ '*'i°pted. 
as is otherwise provided in such plan. 



304 



General Acts, 1915. — Chap. 267. — Part II. 



Plan A method. 



When to be 
operative. 



Mayor, election, 
term, etc. 



Party or 
political 
designations 
abolished. 



City council, 
number, 
election, etc. 



Salaries. 



Part II. 
PLAN A. 

GOVERNMENT BY MAYOR AND CITY COUNCIL ELECTED AT 

LARGE. 

Section 1. The method of city government provided for 
in this part shall be known as Plan A. 

Section 2. Upon the adoption of Plan A by a city in 
the manner prescribed by this act, such plan shall become 
operative as provided in Part I; and its powers of govern- 
ment shall be exercised as is prescribed herein and in Part I. 

Section 3. There shall be a mayor, elected by and 
from the qualified voters of the city, who shall be the chief 
executive officer of the city. He shall hold office for the 
term of two years from the first Monday of January following 
his election, and until his successor is elected and qualified. 

Section 4. No ballot used at any annual or special or 
city election shall have printed thereon any party or political 
designation or mark, and there shall not be appended to 
the name of any candidate any such party or political 
designation or mark, or anything showing how he was 
nominated or indicating his views or opinions. 

Section 5. The legislative powers of the city shall be 
vested in a city council, which shall consist of nine persons, 
elected at large by and from the qualified voters of the city. 
One of its members shall be elected by the council annually 
as its president. At the first election held in a city after 
its adoption of Plan A, the five candidates receiving the 
largest number of votes shall hold office for two years, and 
the four receiving the next largest number of votes shall 
hold office for one year. Thereafter, as these terms expire, 
there shall be elected at each annual city election a sufficient 
number of members to fill the vacancies created by the 
expiration of said terms, each of the members so elected to 
serve for a term of two years. 

Section 6. The mayor shall receive for his services 
such salary as the city council shall by ordinance determine, 
not exceeding five thousand dollars a year, and he shall 
receive no other compensation from the city. His salary 
shall not be increased or diminished during the term for 
which he is elected. The council may, by a two thirds vote 
of all its members taken by call of the yeas and nays, es- 



General Acts, 1915. — Chap. 267. — Part II. 305 

tablish a salary for its members not exceeding five hundred 
dollars each a year. Such salary may be reduced, but no 
increase therein shall be made to take effect during the year 
in wliich the increase is voted. 

Section 7. All heads of departments and members of JlJako'appwnt- 
municipal boards, as their present terms of office expire, ^^^^rnlltion"* 
but excluding the school committee, officials appointed by 
the governor, and assessors where they are elected by vote 
of the people, shall be appointed by the mayor without con- 
firmation by the city council. 

Section 8. In making his appointments the mayor shall 
sign and file with the city clerk a certificate in the following 
form : — 

Certificate of Appointment. 

I appoint (name of appointee) to the position of (name of office), 
and I certify that in my opinion he is a recognized expert in the work 
which will devolve upon him, and that I make the appointment solely 
in the interest of the city. 



Certificates of 
appointment. 



Mayor. 



or in the following form, as the case may be : — 



Certificate of Appointment. 



I appoint (name of appointee) to the position of (name of 
office), and I certify that in my opinion he is a person specially 
fitted by education, training, or experience to perform the duties 
of said office, and that I make the appointment solely in the 
interest of the city. 

Mayor, 

Section 9. The mayor may remove any head of a Removals. 
department or member of a board by filing a written state- 
ment with the city clerk setting forth in detail the specific 
reasons for such removal, a copy of which shall be delivered 
or mailed to the person thus removed, who may make a 
reply in writing, which, if he desires, may be filed with the 
city clerk; but such reply shall not affect the action taken 
unless the mayor so determines. The provisions of this certain officers 
section shall not apply to the school committee, nor to ^^^""p*®*^- 
officials appointed by the governor, nor to assessors where 
they are elected by vote of the people. 

Section 10. Every order, ordinance, resolution and vote Approval by 
relative to the affairs of the city, adopted or passed by the "rdera, etc. 
city council, shall be presented to the mayor for his ap- 
proval. If he approves it he shall sign it; if he disapproves Mayor's veto, 
it he shall return it, with his objections in writing, to the ^ 



306 General Acts, 1915. — Chap. 267. —Part III. 

city council, which shall enter the objections at large on its 
records, and again consider it. If the city council, not- 
withstanding such disapproval of the mayor, shall again 
pass such order, ordinance, resolution or vote by a two 
thirds vote of all the members of the city council, it shall 
then be in force, but such vote shall not be taken for seven 
days after its return to the city council. Every such order, 
ordinance, resolution and vote shall be in force if it is not 
returned by the mayor within ten days after it has been 
Certain pro- prcscuted to him. Nothing in this section contained shall 

visions of law i ,1 i- • n* j_* i! 

to apply. be construed as supersedmg or in any way aiiectmg any or 

the provisions of chapter seven hundred and nineteen of 
the acts of the year nineteen hundred and thirteen. 



Part TIL 
PLAN B. 

GOVERNMENT BY MAYOR AND COUNCIL ELECTED BY 
DISTRICTS AND AT LARGE. 

Plan B method. SECTION 1. The mcthod of city government provided 
for in this part shall be known as Plan B. 

^erative''^ Section 2, Upon the adoption of Plan B by a city in 

the manner prescribed by this act, such plan shall become 
operative as provided in Part I hereof; and its powers of 
government shall be exercised as is prescribed herein and in 
Part I. 

J^^yor^eiection, Section 3. There shall be a mayor, elected by and 
from the qualified voters of the city, who shall be the chief 
executive officer of the city. He shall hold office for the 
term of two years from the first Monday in January following 
his election and until his successor is elected and qualified. 

Slrtion"""'' Section 4. The legislative powers of the city shall be 

number, etc. ycstcd in a city couucil. One of its members shall be elected 
by the council annually as its president. In cities having 
more than seven wards, the city council shall be composed 
of fifteen members, of whom one shall be elected from 
each ward by and from the qualified ^'oters of that ward, 
and the remaining members shall be elected by and from 
the qualified voters of the city. In cities having seven wards 
or less, the city council shall be composed of eleven members, 
of whom one shall be elected from each ward by and from 
the qualified voters of that ward, and the remaining members 



General Acts, 1915. — Chap. 267. — Part III. 307 

shall be elected by and from the qualified voters of the 
city. 

At the first election held in a city after its adoption of Terms of office. 
Plan B, the councillors elected from each ward shall be 
elected to serve for one year, and those elected at large 
shall be elected to serve for two years, from the first Monday 
in January following their election and mitil their successors 
are elected and qualified; and at each annual city election 
thereafter the councillors elected to fill vacancies caused 
by the expiration of the terms of councillors shall be elected 
to serve for two years. 

Section 5. All heads of departments and members of Appomtmenta 

..111 1 . i> .by mayor 

municipal boartls, as their present terms of office expire, subject to 
but excluding the school committee, officials appointed by 
the governor, and assessors where they are elected by vote 
of the people, shall be appointed by the mayor, subject to 
confirmation by the city council; but the city solicitor shall 
be appointed by the mayor, without confirmation by the 
city council. 

Section 6. The mayor may, with the approval of a Removals, etc. 
majority of the members of the city council, remove any 
head of a department or member of a board before the ex- 
piration of his term of office, except members of the school 
committee, officials appointed by the governor, and assessors 
where they are elected by vote of the people. The person 
so removed shall receive a copy of the reasons for his re- 
moval, and he may, if he desires, contest the same before 
the city council. He shall have the right to be represented 
by counsel at such hearing. 

Section 7. The mayor shall receive for his services such Mayor's salary. 
salary as the city council by ordinance shall determine, not 
exceeding five thousand dollars a year, and he shall receive 
no other compensation from the city. His salary shall 
not be increased or diminished during the term for which 
he is elected. 

The council may, by a two thirds vote of all its members. Salaries of 
taken by call of the yeas and nays, establish a salary for its *'°""'" ' 
members not exceeding five hundred dollars each a year. 
Such salary may be reduced, but no increase therein shall 
be made to take effect during the year in which the increase 
is voted. 

Section 8. Every order, ordinance, resolution and vote Approval by 
relative to the affairs of the city, adopted or passed by the ^dera, etc. 
city council, shall be presented to the mayor for his ap- 



308 



General Acts, 1915. — Chap. 267. — Part IV. 



Mayor's veto, 
etc. 



Certain pro- 
visions of law 
to apply. 



proval. If he approves it he shall sign it; if he disapproves 
it he shall return it, with his objections in writing, to the 
city council, which shall enter his objections at large on 
its records, and again consider it. If the city council, 
notwithstanding such disapproval of the mayor, shall again 
pass such order, ordinance, resolution or vote by a two 
thirds vote of all the members of the city council, it shall 
then be in force, but such vote shall not be taken for seven 
days after its return to the city cduncil. Every such order, 
ordinance, resolution and vote shall be in force if it is not 
returned by the mayor within ten days after it has been 
presented to him. Nothing in this section contained shall 
be construed as superseding or in any way affecting any 
provision of chapter seven hundred and nineteen of the 
acts of the year nineteen hundred and thirteen. 



Part IV. 
PLAN C. 



PlanC 
method. 

City council to 
be governing 
body. 



Members to 
act as depart- 
mental com- 
missioners. 



COMMISSION FORM OF GOVERNMENT. 

Section 1. The method of city government provided 
for in this part shall be known as Plan C. 

Section 2. The government of the city and the general 
management and control of all of its affairs shall be vested 
in a city council, which shall be elected and shall exercise 
its powers in the manner hereinafter set forth; except, 
however, that the general management and control of the 
public schools of the city and of the property pertaining 
thereto shall be vested in the school committee. 

Section 3. The city council shall consist of five members, 
to wit : — a mayor, who shall be the commissioner of ad- 
ministration ; a commissioner of finance; a commissioner of 
health; a commissioner of public works and a commissioner 
of public property. Each of these commissioners shall have 
charge of the department of city affairs indicated by his 
official title, except as to the affairs and property of the city 
which are within the jurisdiction of the school committee. 
All of these officers shall be elected at large by and from the 
qualified voters of the whole city for terms of two years, 
except as is hereinafter provided. 

In case of a difference of opinion as to the departments 
to be in charge of any one or more of the commissioners, the 



General Acts, 1915. — Chap. 267. — Part IV. 309 

matter shall be determined by vote of a majority of the 
commissioners. 

Section 4, The terms of office of the members of the Terms of office. 
council shall commence at ten o'clock in the forenoon of 
the first Monday in January following their election and 
shall be for two years each, and until their successors are 
elected and qualified: provided, however, that the terms of Proviso. 
office of the commissioner of administration, the commis- 
sioner of finance and the commissioner of health first so 
elected shall be for the term of two years, and the terms of 
office of the commissioner of public works and the com- 
missioner of public property first so elected shall be for the 
term of one year, and thereafter the commissioners elected 
at each annual city election to fill the vacancies caused by 
the expiration of the terms of commissioners shall be elected 
to serve for two years. 

Section 5. The city council elected as aforesaid shall organization. 
meet at ten o'clock in the forenoon on the first Monday of 
January in each year, and the members of the city council 
whose terms of office then begin shall severally make oath, 
before the city clerk or a justice of the peace, to perform 
faithfully the duties of their respective offices. The city 
council shall thereupon be organized by the choice of a 
president, who shall hold his office during the pleasure of 
the city council. The president of the city council shall 
be some member thereof other than the mayor. The 
organization of the city council shall take place as aforesaid, 
notwithstanding the absence, death, refusal to serve, or 
non-election of the mayor or of one or more of the four other 
members : provided, that at least three of the persons entitled rr^^'so- 
to be members of the city council are present and make 
oath as aforesaid. Any member entitled to make the afore- 
said oath, who was not present at the time fixed therefor, 
may make oath at any time thereafter. 

Section 6. The city council shall fix suitable times for Meetings, 
its regular meetings. The mayor, the president of the city 
council or any two members thereof may at any time call 
a special meeting by causing a written notice, stating the 
time of holding such meeting and signed by the person 
or persons calling the same, to be delivered in hand to each 
member, or left at his usual dwelling place, at least six 
hours before the time of such meeting. INIeetings of the 
city council may also be held at any time when all the 
members of the council are present and consent thereto. 



310 



General Acts, 1915. — Chap. 267. — Part IV. 



Meetings 
to be public. 



City clerk, 
duties, etc. 



Powers. 



Methods of 
action. 



Yea and 

nay vote. 



Appropria- 
tions, etc., to 
be itemized. 



Section 7. A majority of the members of the city 
council shall constitute a quorum. Its meetings shall be 
public, and the mayor, if present, shall preside and shall 
have the right to vote. In the absence of the mayor the 
president of the city council shall preside, and in the absence 
of both, a chairman pro tempore shall be chosen. The 
city clerk shall be, ex officio, clerk of the city council, and 
shall keep records of its proceedings; but in case of his 
temporary alisence, or in case of a vacancy in the office, the 
city council may elect by ballot a temporary clerk, who 
shall be sworn to the faithful discharge of his duties and 
may act as clerk of the city council imtil a city clerk is 
chosen and qualified. All final votes of the city council 
involving the expenditure of fifty dollars or over shall be 
by yeas and nays and shall be entered on the records. On 
the request of one member the vote shall be by yeas and 
nays and shall be entered upon the records. The affirmative 
vote of at least three members shall be necessary for the 
passage of any order, ordinance, resolution or vote. 

Section 8. The city council shall have and exercise all 
the legislative powers of the city, except as such powers 
are herein and in Part I reserved to the school committee 
and to the qualified voters of the city; and the city council 
and its members shall, se\^erally or collectively, have and 
possess, and shall themseh^es or through such officers as 
they may elect or appoint, exercise all the other powers, 
rights and duties had, possessed or exercised, immediately 
prior to the adoption of this act, by the mayor, board of 
aldermen, common council, and all other boards, commis- 
sions and committees of the city and their members, severally 
or collectively, except such as are in Part I conferred upon the 
school committee or are otherwise provided for in this part. 

Section 9. In legislative session, the city council shall 
act by ordinance, resolution,, order or vote. 

The yeas and nays shall be taken upon the passage of 
all ordinances and resolutions, and entered upon the journal 
of its proceedings. Upon the request of any member, the 
yeas and nays shall be taken and recorded upon any order or 
vote. Every ordinance, resolution, order or vote passed 
by the city council shall, except as is hereinafter provided, 
require on final passage the affirmative vote of a majority 
of the members of the city council. 

All votes making appropriations of money or authorizing 
loans shall be in itemized form. 



General Acts, 1915. — Chap. 267. — Part IV. 311 

Section 10. The mayor shall be the chief executive Mayor to be 
officer of the city, commissioner of administration and, ofllcerreTc"*^'^^ 
ex officio, chairman of the school committee. He shall 
preside at all meetings of the city council and of the school 
committee at which he is present. He shall also, when 
present, preside at all joint conventions of the city council 
and of the school committee. 

He shall have the right to vote on all questions coming 
before the city council, but shall have no power of veto. 

He shall have such other duties, rights and powers as may 
be provided by ordinance, not in conflict with this act. 

During the absence or inability of the mayor to act, the Acting mayor, 
commissioner of finance shall, as acting mayor, assume the 
duties and exercise all the rights and powers of the mayor: 
jjrovidcd, that, in the absence or inability so to act of the proviso, 
commissioner of finance the city council may select another 
commissioner from their number to perform the duties of 
acting mayor. 

Section 11. All executive and administrative powers, other executive 
authorities and duties, not otherwise provided for in this 
act, shall be assigned to a suitable department by the city 
council by ordinance, and changes in the assignments made 
in this manner may be made by ordinance by the affirmative 
vote of three members of the city council, or by the qualified 
voters of the city upon initiative petition. 

The city council shall determine the policies to be pursued how'^deto-''"' 
and the work to be undertaken in each department, but mined. 
each commissioner shall have full power to carry out the 
policies or to have the work performed in his department 
as directed by the city council. 

Section 12. Each commissioner may, except as is Heads of 
otherwise provided herein, appoint a qualified person to serve etTrappo?nt- 
as the head of each of the departments under his charge "emovais.'* 
and may remove him at any time for cause stated in the 
order of removal. All appointments and removals so made 
shall be subject to confirmation by the city council. The 
employees in each department shall be appointed and re- 
moved by the head of that department. Nothing in this 
section shall in any way affect the laws governing the civil 
service. 

Section 13. Each of said commissioners shall keep a Records of 
record book in which shall be recorded a brief but clear and to be kept, 
comprehensive record of all affairs of the department under 
his charge as soon as performed, and shall quarterly render 



312 



General Acts, 1915. — Chap. 267. — Part V. 



To be open to 
public inspec- 
tion. 



Salaries. 



to the city council a full report of all operations of such 
department, and shall annually, and oftener if required by 
the city council, make a synopsis thereof for publication. 
All such records shall be open for public inspection. The 
city council shall provide for the publication of such annual 
or other reports, and of such parts of the quarterly reports, 
or of such other information regarding city affairs as it may 
deem advisable. 

Section 14, The mayor shall receive for his services 
such salary as the city council shall by ordinance determine, 
not exceeding five thousand dollars a year, and he shall 
receive no other compensation from the city. His salary 
shall not be increased or diminished during the term for 
which he is elected. The council may, by a vote of not less 
than three members taken by call of the yeas and nays, 
establish a salary for its members, not exceeding four thou- 
sand dollars a year for each member. Such salary may 
be reduced, but no increase therein shall be made to take 
effect until the municipal year succeeding that in which the 
vote establishing the salary is passed. 



Part V. 
PLAN D. 



Plan D 
method. 



When to be 
operative. 



City council 
to be govern- 
ing body. 



Members, 
election, 
term, etc. 



MAYOR, CITY COUNCIL AND CITY MANAGER. 

Section 1. The method of city government provided 
for in this part shall be known as Plan D. 

Section 2. Upon the adoption of Plan D by a city in 
the manner prescribed by Part I of this act, such plan shall 
become operative as provided in Part I, and the powers of 
government of such city shall be exercised as provided 
herein and in Part I. 

Section 3. The government of the city and the general 
management and control of all its affairs shall be vested in 
a city council, which shall be elected and shall exercise its 
powers in the manner herein and in Part I set forth; except 
that the city manager shall have the authority hereinafter 
specified, and that the general management and conduct of 
the public schools of the city and of the property pertaining 
thereto shall be vested in the school committee. 

Section 4. The city council shall consist of five mem- 
bers, who shall be elected at large by and from the qualified 
voters of the city for a term of two years and until their 



General Acts, 1915. — Chap. 267. — Part V. 313 

successors are elected and qualified; except that at the first 
election the three candidates having the highest number 
of votes shall serve for two years and the two candidates 
having the next highest number of votes shall serve for one 
year. 

Section 5. All the legislative powers of the city shall organization, 
be vested in the city council. The city council elected as 
aforesaid shall meet at ten o'clock in the forenoon on the 
first Monday of January in each year, and the members of 
the city council whose terms of office then begin shall severally 
make oath before the city clerk, or a justice of the peace, to 
perform faithfully the duties of their respective offices. 
The city council shall thereupon be organized by the choice 
of a president, who shall hold his office during the pleasure 
of the city council. The president of the city council shall 
be some member thereof other than the mayor. The 
organization of the city council shall take place as aforesaid, 
notwithstanding the absence, death, refusal to serve, or non- 
election of one or more of the members: -provided, that at Proviso, 
least three of the persons entitled to be members of the 
city council are present and make oath as aforesaid. Any 
member entitled to make the aforesaid oath, who was not 
present at the time fixed therefor, may make oath at any 
time thereafter. 

Section 6. The city council shall fix suitable times for Time for 
its regular meetings. The mayor, the president of the city '"*"''^'°^^- 
council or any two members thereof may at any time call a 
special meeting by causing a written notice, stating the time 
of holding such meeting and signed by the person or persons 
calling the same, to be delivered in hand to each member, or 
left at his usual dwelling place, at least six hours before the 
time of such meeting. Meetings of the city council may 
also be held at any time when all the members of the council 
are present and consent thereto. 

Section 7. A majority of the members of the city council blfpuMi'c*'' 
shall constitute a quorum. Its meetings shall be public, 
and the mayor, if present, shall preside and shall have the 
right to vote. In the absence of the mayor the president of 
the city council shall preside, and in the absence of both, a 
chairman pro tempore shall be chosen. The city clerk shall Recorda, etc. 
be, ex officio, clerk of the city council, and shall keep records 
of its proceedings; but in case of his temporary absence, or 
in case of a vacancy in the office, the city council may elect 
by ballot a temporary clerk, who shall be sworn to the 



314 



General Acts, 1915. — Chap. 267. — Part V. 



Records, etc. 



Vacancies. 



Mayor, election, 
term, etc. 



Vacancy, etc. 



Salary of 
mayor. 



SaJariea of 
council mem- 
bers. 



City manager. 



faithful discharge of his duties and may act as clerk of the 
city council until a city clerk is chosen and qualified. All 
final votes of the city council involving the expenditure of 
fifty dollars or over shall be by yeas and nays and shall be 
entered on the records. On the request of one member the 
vote shall be by yeas and nays and shall be entered upon the 
records. The affirmative vote of at least three members 
shall be necessary for the passage of any order, ordinance, 
resolution or vote. 

Section 8. Vacancies in the city council shall be filled 
by the council for the remainder of the unexpired term. 

Section 9. The mayor shall be that member of the 
city council who, at the regular municipal election at which 
the three members of the council were elected, received the 
highest number of votes, except that at the first regular 
municipal election held in a city adopting this plan of govern- 
ment the mayor shall be the councillor receiving the highest 
number of votes. In case two councillors receive the same 
number of votes, one of them shall be chosen mayor by the 
remaining members of the council. In case of a vacancy in 
the office of mayor, the remaining members of the council 
shall choose from their own number his successor for the un- 
expired term. The mayor shall be the presiding officer, 
except that in his absence the president of the council shall 
preside; and in the absence of both the mayor and the 
president of the council, a president pro tempore may be 
chosen. The mayor shall be the official head of the city. 
He shall have no power of veto, but shall have the same 
power as the other members of the council to vote upon all 
measures coming before it. 

Section 10. The mayor shall receive for his services 
such salary as the city council shall by ordinance determine, 
not exceeding two thousand dollars a year, and he shall 
receive no other compensation from the city. His salary 
shall not be increased or diminished during the term for 
which he is elected. 

The council may by a vote of not less than three mem- 
bers, taken by call of the yeas and nays, establish a salary 
for its members, not exceeding five hundred dollars a year 
for each. Such salary may be reduced, but no increase 
therein shall be made to take effect during the year in which 
the increase is voted. 

Section 11. The city council shall appoint a city 
manager, who shall be the administrative head of the city 



General Acts, 1915. — Chap. 268. 315 

government and shall be responsible for the administration 
of all departments. He shall be appointed with regard to 
merit only, and he need not be a resident of the city when 
appointed. He shall hold office during the pleasure of the 
city council and shall receive such compensation as it shall 
fix by ordinance. 

Section 12. The city manager shall (1) be the ad- Powers and 
ministrative head of the city government; (2) see that mai^ger.'''^^ 
within the city the laws of the state and the ordinances, 
resolutions and regulations of the council are faithfully 
executed; (3) attend all meetings of the council, and recom- 
mend for adoption such measures as he shall deem expedient; 
(4) make reports to the council from time to time upon the 
affairs of the city, keep the council fully advised of the city's 
financial condition and its future financial needs; (5) appoint 
and remove all heads of departments, superintendents and 
other employees of the city. 

Section 13. Such city officers and employees as the Appointments 
council shall determine are necessary for the proper ad- a'^'* ""^m^^ais. 
ministration of the city shall be appointed by the city 
manager, and any such officer or employee may be removed 
by him; but the city manager shall report every such ap- 
pointment and removal to the council at the next meeting 
thereof following any such appointment or removal. 

Section 14. The officers and employees of the city Regulations, 
shall perform such duties as may be required of them by the 
city manager, under general regulations of the city council. 

Approved May 20, 1015. 

An Act relative to the incorporation and rianage- Chav -268 

MENT OF credit UNIONS. 

Be it enacted, etc., as follows: 

Section 1. A corporation organized under this act shall union^''\erm 
include in the corporate name the two words " credit union ", defined. 
to which may be added the word " bank." Other distinguish- 
ing words may be used. The words "credit union", when- 
ever hereinafter used, shall apply to a corporation heretofore 
organized under the provisions of chapter four hundred and 
nineteen of the acts of the year nineteen hundred and nine, 
or hereafter organized under the provisions of this act. 

Section 2. Seven or more persons, resident in this incorporation, 
commonwealth, who have associated themselves by an ^^' 
agreement in writing with the intention of forming a cor- 



316 



General Acts, 1915. — Chap. 268. 



Incorporation, poratioii foF the puFpose of accumulating and investing the 
savings of its members and making loans to members for 
provident purposes, may, with the consent of the board of 
bank incorporation, become a corporation upon complying 
with all of the provisions of section three of tliis act. The 
board of bank incorporation is hereby authorized to grant 
such consent when it is satisfied that the proposed field of 
operation is favorable to the success of such corporation, 
and that the standing of the proposed incorporators is such 
as to give assurance that its affairs will be administered in 
accordance with the spirit of this act. 

Section 3. Credit unions shall be organized under the 
provisions, so far as applicable, of sections two to six, in- 
clusive, of chapter three hundred and seventy-four of the 
acts of the year nineteen hundred and four, as amended by 
section four of chapter two hundred and four of the acts of 
the year nineteen hundred and six and any other amend- 
ments thereof, except that the fee for filing and recording the 
articles of organization, including the issuing by the secretary 
of the commonwealth of the certificate of incorporation, shall 
be five dollars. 

The provisions relating to supervision by the bank com- 
missioner, so far as applicable, of chapter five hundred and 
ninety of the acts of the year nineteen hundred and eight and 
any amendments thereof shall apply to credit unions in- 
corporated under this act. 

Section 4. No person, partnership or association, and 
no corporation, except such as have heretofore been in- 
corporated under the provisions of chapter four hundred and 
nineteen of the acts of the year nineteen hundred and nine 
and such as shall hereafter be incorporated under the pro- 
visions of this act, shall hereafter transact business under 
any name or title which contains the two words "credit 
Penalties, etc. union". Tlic procecdings authorized and the penalties 
imposed under the provisions of section seventeen of chapter 
five himdred and ninety of the acts of the year nineteen 
hundred and eight and all acts in amendment thereof or in 
addition thereto, so far as applicable, shall apply in all cases 
of violation of the provisions of this section. 

Section 5. A credit union may receive the savings of 
its members in payment for shares or on deposit; may lend 
to its members at reasonable rates, or invest, as hereinafter 
provided, the funds so accumulated; and may undertake 
such other activities relating to the purpose of the associa- 



Certain 
provisions of 
law to apply to 
organization. 



Filing fee. 



Supervision. 



Restrictions. 



Deposits and 
loans. 



General Acts, 1915. — Chap, 268. 317 

tlon, as Its by-laws may authorize, any provisions in section 
one of chapter one hundred and fourteen of the Revised 
Laws notwithstanding. 

Section 6. The by-laws shall prescribe the name of ^y-'^^^- 
the corporation, the purposes for which it is formed, the con- 
ditions of residence or occupation which qualify persons for 
membership, the par value of the shares of capital stock and 
the maximum number of shares which may be held by 
any one member, the conditions on which shares may be 
paid in, transferred and withdrawn, the conditions on which 
deposits may be received, and withdrawn, the method of 
receipting for money paid on account of shares or deposited, 
the number of directors and number of members of the 
credit committee, the duties of the several officers, the fines, 
if any, which shall be charged for failure to meet obligations 
to the corporation punctually, the date of the annual meeting 
of members, the manner in wliich members shall be notified 
of meetings, the number of members which shall constitute 
a quorum at meetings, and such other regulations as may 
seem necessary. 

Section 7. No credit union shall receive deposits or Approval by 

. A e ^ 1 1 i*i 'j bank commia- 

payments on account or snares, or make any loans, until its sioner. 
by-laws have been approved in writing by the bank com- 
missioner, nor shall any amendments to its by-laws become 
operative until they have so been approved. 

Section 8. All property of a credit union, except real property 
estate, and all capital stock in a credit union shall be exempt taxation "^"^ 
from state and local taxation, except legacy and succession 
taxes. 

Section 9. The capital of a credit union shall be un- Capital to bo 
limited in amount. Shares of capital stock may be sub- "° ™' ^ 
scribed for and paid in such manner as the by-laws shall 
prescribe, except that the par value of shares shall not 
exceed ten dollars. 

Section 10. Shares may be issued and deposits received laued to''^ ^° 
in the name of a minor, and such shares and deposits may, minors, etc. 
in the discretion of the directors, be withdrawn by such 
minor, or by his parent or guardian, and in either case pay- 
ments made on such withdrawals shall be valid and shall 
release the said corporation from any and all liability to the 
minor, parent, or guardian. A minor under the age of 
eighteen years shall not have the right to vote. If shares 
are held or deposits made in trust, the name and residence 
of the beneficiary shall be disclosed, and the account shall 



318 



General Acts, 1915. — Chap. 268. 



Investment 
of funds. 



Proviso. 



Fiscal year. 



Meetings. 



be kept in the name of such holder as trustee for such person. 
If no other notice of the existence and terms of such trust 
has been given in writing to the corporation, such shares or 
deposits may, upon the death of the trustee, be transferred 
to or withdrawn by the person who was named by the 
trustee as the beneficiary or by his legal representatives, and 
such transfer or withdrawal shall release the corporation 
from any and all liability to any other claimant upon such 
stock or deposit. 

Section 11. The capital, deposits and surplus funds of 
a credit union shall be invested in loans to members with 
the approval of the credit committee as provided in section 
seventeen of this act, and any capital, deposits or surplus 
funds in excess of the amount for which loans shall be ap- 
proved by the credit committee may be deposited in savings 
banks or trust companies incorporated under the laws of this 
commonv/ealth, or in national banks located therein, or may 
be invested in the bonds of any other credit union or any 
farmland bank incorporated under the laws of this com- 
monwealth, or in any securities which are at the time of 
their purchase legal investments for savings banks in this 
commonwealth, or, with the approval of the bank com- 
missioner, may be deposited in other credit unions or may 
be invested in the shares of other credit unions or of farm- 
land banks or co-operative banks incorporated under the 
laws of this commonwealth: provided, that the total amount 
invested in the shares of other credit unions, farmland banks 
or co-operative banks shall not exceed thirty per cent of 
the capital and surplus, and that not more than twenty per 
cent shall be invested in the shares of other credit unions, 
nor more than twenty per cent in farmland bank shares, nor 
more than twenty per cent in co-operative bank shares. 

Section 12. The fiscal year of every credit union shall 
end at the close of business on the last business day of 
October. 

Section 13. The annual meeting of the corporation shall 
be held at such time and place as the by-laws prescribe, but 
must be held within thirty days after the close of the fiscal 
year. Special meetings may be called by a majority of the 
directors or of the supervisory committee, and shall be called 
by the clerk upon written application of ten or more members 
entitled to vote. Notice of all meetings of the corporation 
and of all meetings of the board of directors and of com- 
mittees shall be given in the manner prescribed by the by- 



General Acts, 1915. — Chap. 268. 319 

laws. No member shall be entitled to vote by proxy or to voting regu- 
have more than one vote, and, after a credit union has been ''**'^'* 
incorporated one year, no member thereof shall be entitled 
to vote until he has been a member for more than three 
months. 

The members at each annual meeting shall fix the amount Entrance fee. 
of the entrance fee for the ensuing year, which may be made 
proportional to the number of shares issued to a member, 
the maximum amount to be loaned any one member, and, 
upon recommendation of the board of directors, may declare 
dividends in accordance with the provisions of section 
twenty-two of this act. 

At any annual or special meeting the members may Acts of credit 
review the acts of the credit committee or of the board of fecTto nfview. ' 
directors, and may reverse any decision of the credit com- 
mittee or of the board of directors by a three fourths vote of 
the members present and entitled to vote: j)roinded, that Proviso. 
such three fourths vote comprises a majority of all of the 
members of the credit union. 

In the event of the death, resignation, or removal from vacancies. 
office of the board of directors or of any member thereof, or 
of the credit committee or of any member thereof, the mem- 
bers of the credit union at a special meeting, called for the 
purpose, may elect other members to fill the vacancies until 
the next annual meeting. 

At any annual or special meeting the members of a credit Amendment of 
union may amend the by-laws by a three fourths vote of ^"^^^' 
the members present and entitled to vote; 'provided, that a Proviso. 
copy of the proposed amendment or amendments shall have 
been sent to each member with the notice of the meeting. 

Section 14. The business and aflPairs of a credit union Board of 
shall be managed by a board of not less than five directors, number!' 
a credit committee of not less than three members, and a ®''''^*'°"' ^^°- 
supervisory committee of three members to be elected at the 
annual meeting of the corporation. Unless the number of 
members of the credit union is less than eleven, no member 
of said board shall be a member of either of said committees, 
nor shall one person be a member of more than one com- 
mittee, and all the members of said board and of said com- 
mittees, as well as all officers whom they may elect, shall be 
sworn to the faithful performance of their duties and shall 
hold their several offices until others are elected and qualified 
in their stead. A record of every such qualification shall be 
filed and preserved with the records of the corporation. 



320 



General Acts, 1915. — Chap. 268. 



Election of 
directors and 
certain com- 
mittees. 



Election of 
officers. 



Directors, 
powers, duties, 
etc. 



Borrowing 

of money 
to re-loan. 



Supervisory 
committee, 
powers, duties, 
etc. 



Members of the supervisory committee shall be elected 
annually for a term of one year. Directors and members 
of the credit committee shall be elected for a term of not 
less than one year nor more than three years, as the by- 
laws shall provide. If the term is more than one year, 
they shall be divided into classes, and an equal number, as 
nearly as may be, elected each year. If a director or a 
member of any of these committees ceases to be a member 
of the credit union, his office shall thereupon become vacant. 

Section 15. The directors, at their first meeting after 
the annual meeting of the corporation, shall elect from their 
own number a president, a vice president, a clerk and a 
treasurer, who shall be the executive officers of the corpora- 
tion, and who shall hold office until their successors shall 
have been elected and qualified. The offices of clerk and 
treasurer may be held by the same person. 

The board of directors shall have the general direction of 
the affairs of the corporation, and shall meet as often as 
may be necessary. It shall be their special duty to act 
upon all applications for membership and upon the ex- 
pulsion of members, to fix the amount of the surety bond 
required of any officer having custody of funds, to determine 
the rate of interest on loans and deposits, to fill vacancies in 
the board of directors until new members shall be elected and 
qualified, to make recommendations to the members of the 
credit union relative to the amount of entrance fee to be 
charged new members, the maximum amount to be loaned 
any one member, the advisability of declaring a dividend 
and the amount to be declared, the need of amendments to 
the by-laws, and any other matters upon which, in their 
opinion, the members should act at any annual or special 
meeting. When authorized so to do by the members at any 
annual meeting or at a special meeting called for the purpose, 
the board of directors, with the approval of the bank com- 
missioner, may borrow money for the purpose of re-loaning 
to members. 

Section 1G. The supervisory committee shall inspect 
from time to time the securities, cash and accounts of the 
corporation and shall keep fully informed of the financial 
condition of the corporation and shall supervise the acts of 
its board of directors, credit committee and officers. At 
any time the supervisory committee, by a unanimous vote, 
may suspend any officer of the corporation, or any member 
or members of the credit committee or of the board of 



General Acts, 1915. — Chap. 268. 321 

directors, and, by a majority vote, may call a meeting of the 
shareholders to consider any violation of this act or of the 
by-laws, or any practice of the corporation which, in the 
opinion of the committee, is unsafe or unauthorized. Within 
seven days after the suspension of any officer, or any mem- 
ber or members of the credit committee or of the board of 
directors, the supervisory committee shall cause notice to 
be given of a special meeting of the members of the credit 
union to take such action relative to such suspension as 
may seem necessary. The supervisory committee may Vacancies, etc 
make temporary appointments to fill vacancies caused by 
the absence, illness or suspension of any officer, director, or 
member of any committee, and shall fill any vacancies in its 
own number until new members shall have been duly elected 
and qualified. The board of directors and the supervisory 
committee, acting jointly, shall make appointments to fill 
vacancies in the credit committee until new members of 
the committee shall be duly elected and qualified. 

Section 17. The credit committee shall hold meetings, credit com- 
of which due notice shall be given to its members, for the ^prove^ioans. 
purpose of considering applications for loans, and no loan 
shall be made unless all members of the committee who are 
present when the application is considered, and at least 
two thirds of all the members of the committee, approve the 
loan and are satisfied that it promises to benefit the borrower. 
All applications for loans shall be made in writing and shall 
state the purpose for which the loan is desired and the 
security offered. 

Section 18. Loans upon the security of first mortgages purposes of 
upon farm lands shall in no case exceed in amount fifty per loa'^^-^t"- 
cent of the value of the property pledged as security, and 
shall be for the following purposes only: (a) the clearing, 
draining or otherwise reclaiming and permanently im- 
proving agricultural lands; (6) the providing of facilities for 
irrigation; (e) the planting and early care of orchards; (d) 
the erection of silos, cold storage plants, greenhouses and 
permanent farm buildings; (e) the purchase of farms and 
farm lands for personal occupation and management; (/) 
the discharge of existing farm mortgages; and, (g) subject 
to the approval of the bank commissioner, such other im- 
provements of a permanent nature as, in the opinion of the 
directors, tend to develop agricultural resources. The Forecioaure. 
mortgage deeds securing such loans shall contain a provision 
for immediate foreclosure if the money lent is applied in 



322 



General Acts, 1915. — Chap. 268. 



Sale of farm- 
land bonds. 



Failure to pay 
interest. 



Certain ofRcers 
not to receive 
compensation, 
etc. 



Certain re- 
strictions upon 
directors. 



Compensation 
of certain 
officers. 

Guaranty fund. 



whole or in part to purposes not hereby authorized, or if, 
in the opinion of the directors, it is being spent unwisely or 
wastefully. 

A credit union may, with the approval of the bank com- 
missioner, by vote of its board of directors, issue, sell and 
trade in its own collateral trust bonds, which shall be known 
and described as farmland bonds and shall be secured as 
hereinafter provided by the deposit of first mortgage notes 
on farm lands and the mortgages securing the same. In 
case of failure of a credit union to pay the interest upon its 
bonds or the principal when due, the bonds shall be an 
underlying lien on all its assets and the bank commissioner 
shall forthwith take possession of the assets and wind up 
the affairs of the corporation. Loans on the security of 
first mortgages on farm lands shall be made, and bonds of 
credit unions secured thereby shall be issued, in accordance 
with the provisions of chapter two hundred and thirty-one 
of the General Acts of the current year relating to farmland 
mortgages and farmland bonds, and any acts in amendment 
thereof or in addition thereto, so far as applicable. 

Section 19. No member of the board of directors or 
of either the credit or supervisory committee shall receive 
any compensation for his services as a member of the said 
board or of such committee, nor shall any member of the 
credit or supervisory committee, directly or indirectly, 
borrow from the corporation or become surety for any loan 
or advance made by it. 

No member of the board of directors shall, directly or 
indirectly, borrow from the corporation or become surety 
for any loan or advance made by it, unless such loan or 
advance shall have been approved at a meeting of the 
members of the credit union by a majority vote of those 
present, and the notice of such meeting shall have stated 
that the question of loans to directors would be considered 
at such meeting. 

The officers elected by the board of directors may receive 
such compensation as the board shall authorize. 

Section 20. Before the payment of an annual dividend in 
any year, there shall be set apart as a guaranty fund twenty 
per cent of the net income which has accumulated during 
the fiscal year, except as hereinafter provided. Said fund 
and the investments thereof shall belong to the corporation 
and shall be held to meet contingencies or losses in its busi- 
ness. All entrance fees shall be added at once to the guaranty 



General Acts, 1915. — Chap. 268. 323 

fund. Upon recommendation of the board of directors, the 
members at any annual meeting may increase, and, when- 
ever said fund equals or exceeds the amount of capital 
stock actually paid in, may decrease, the proportion of 
profits which is required by this section to be set apart as a 
guaranty fund: provided, that, if the corporation holds Proviso, 
stock in other credit unions or in farmland banks, the per- 
centage of profits to be set apart as a guaranty fund shall 
not be decreased until the amount of the fund equals or 
exceeds the amount of capital stock of the corporation 
actually paid in and in addition thereto the amount actually 
paid for the shares of stock in such credit unions and farm- 
land banks. 
Section 21. Immediately before a meeting of the supervisory 

d, 11 1 J • 1 'j_i ^ A.' e 1* • committee to 

irectors called to consider the recommendation or a divi- make report. 

dend, the supervisory committee shall make a thorough audit 

of the receipts, disbursements, income, assets and liabilities 

of the corporation for the fiscal year, and shall make a full 

report thereon to the directors. Said report shall be read 

at the annual meeting and shall be filed and preserved with 

the records of the corporation. 

Section 22. At the annual meeting, a dividend may be Dividends, 
declared from income which has been actually collected ^^"^®' ^ 
during the fiscal year next preceding and which remains 
after the deduction of all expenses, losses, interest on de- 
posits, and the amount required to be set apart as a guaranty 
fund, or such dividend may be declared in whole or in part 
from undivided earnings of preceding years, not to exceed 
twenty per cent thereof in any one year, provided such 
earnings are a part of the surplus of the corporation in 
excess of all requirements of the guaranty fund. 

Such dividends shall be paid on all fully paid shares out- How paid, 
standing at the close of the fiscal year, but shares which 
become fully paid during the year shall be entitled only to a 
proportional part of said dividend, calculated from the first 
day of the month following such payment in full. Dividends 
due to a member shall be paid to him in cash or credited to 
the account of partly paid shares for which he has sub- 
scribed. 

Section 23. Within twenty days after the last business Report to bank 
day of October in each year, every credit union shall make 
to the bank commissioner a report in such form as he may 
prescribe, signed by the president, treasurer and a majority 
of the supervisory committee, who shall certify and make 



commissioner. 



324 



General Acts, 1915. — Chap. 268. 



Penalty. 



Expulsion of 
members. 



Hearing. 



Disposition 
of funds upon 
withdrawal, 
etc. 



Dissolution of 
corporation. 



Repeals. 



oath tliat tlie report is correct according to their best knowl- 
edge and beUef. Any credit union which neglects to make 
the said report within the time herein prescribed shall forfeit 
to the commonwealth five dollars for each day during which 
such neglect continues. 

Section 24. The board of directors may expel from a 
credit union any member who has not carried out his en- 
gagements with the credit union, or who has been convicted 
of a criminal offence, or who neglects or refuses to comply 
with the provisions of this act or of the by-laws, or whose 
private life is a source of scandal, or who habitually neglects 
to pay his debts, or who shall become insolvent or bank- 
rupt, or who shall have deceived the corporation or any 
committee thereof with regard to the use of borrowed money; 
but no member shall so be expelled until he has been in- 
formed in writing of the charges against him, and an oppor- 
tunity has been given to him, after reasonable notice, to 
be heard thereon. 

The amounts paid in on shares or deposited by members 
who have withdrawn or have been expelled shall be paid to 
them, in the order of withdrawal or expulsion, but only as 
funds therefor become available and after deducting any 
amounts due by such members to the credit union. Such 
expulsion shall not operate to relieve a member from any 
remaining liability to the credit union. 

Section 25. At any meeting specially called for the 
purpose the members, upon recommendation of not less 
than two thirds of the board of directors, may dissolve the 
corporation by vote of two thirds of the members of the 
credit union entitled to vote. A committee of three shall 
thereupon be elected to liquidate the assets of the corpora- 
tion under the direction of the bank commissioner, and 
each share of the capital stock, according to the amount 
paid in thereon, shall be entitled to its proportional part 
of the assets in liquidation after all deposits and debts have 
been paid. 

Section 26. Chapter four hundred and nineteen of the 
acts of the year nineteen hundred and nine and chapter four 
hundred and thirty-seven of the acts of the year nineteen 
hundred and fourteen are hereby repealed. All credit 
unions incorporated prior to the passage of this act shall be 
hereafter subject to the provisions of this act, but the pro- 
visions of this act shall not affect any rights acquired under 
any contract made by such credit unions prior to the passage 



General Acts, 1915. — Chaps. 269, 270. 325 

of this act. The provisions of this act shall not be rendered 
inoperative or be Hmited or otherwise affected by any acts 
or parts of acts inconsistent therewith. 

Approved May 20, 1915. 

An Act relative to reports made to the general court (jfidj) 269 

BY special commissions. 

Be it enacted, etc., as follows: 

Section six of chapter eighteen of the Revised Laws, as r. l. is, § 6, 
amended by section one of chapter four hundred and fifty- ®*^- a^^ended. 
two of the acts of the year nineteen hundred and ten and by 
section one of chapter two hundred and twenty-two of the 
General Acts of the year nineteen hundred and fifteen, is 
hereby further amended by adding at the end thereof the 
words : — All reports of special commissions recommending 
legislation shall be accompanied by drafts of bills embodying 
the legislation recommended, — so as to read as follows : — 
Section 6. State boards and commissions shall annually, Reports made 
on or before the first Wednesday in January, deposit with ^urtYySi 
the secretary of the commonwealth such parts of their commiili'olis, 
annual reports which are required to be made to the governor and by special 

^, ^ . ^ commissions. 

and council or to the general court as contam recommenda- 
tions or suggestions for legislative action, such recommenda- 
tions or suggestions to be accompanied by drafts of bills em- 
bodying the legislation recommended; and the secretary 
shall forthwith transmit them to the governor and council 
or to the general court: provided, hoivever, that the pro- Proviso, 
visions of this section .shall not apply to the annual report 
submitted by the commission on economy and efficiency. 
All reports of special commissions recommending legislation To include 
shall be accompanied by drafts of bills embodying the r^ommend^. 
legislation recommended. Approved May 22, 1015. 

An Act to transfer to the metropolitan park com- rjhnj) 270 

MISSION the care AND CONTROL OF THE WEST ROXBURY 
PARKWAY IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The care, control and custody of the land Roxhury^p^k- 
in the West Roxbury parkway, so-called, transferred by Y'^y transferred 

, . . . f, y^ , "^ to metropolitan 

the metropolitan park commission to the city or Boston by park.com- 
aii instrument dated December twentieth, eighteen hundred 
and ninety-four, is hereby re-transferred and vested in 



326 



General Acts, 1915. — Chaps. 271, 272. 



said metropolitan park commission with all the powers over 
the same conferred upon said board by chapter four hun- 
dred and seven of the acts of the year eighteen hundred and 
ninety-three and acts in amendment thereof and in addition 
thereto. 
Section 2. This act shall take effect upon its passage. 

Approved May 22, 1915. 



R. L. 3, § 12, 
etc., amended. 



Clerical 
assistance in 
office of the 
clerk of the 
senate and 
house of rep- 
resentatives. 



Chap.271 An Act relative to clerical assistance in the office 
OF the clerk of the house of representatives. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter three of the 
Revised Laws, as amended by section one of chapter eighty- 
seven of the acts of the year nineteen hundred and four, 
and by chapter one hundred and twenty-six of the acts of 
the year nineteen hundred and six, is hereby further amended 
by striking out the word "twenty-five", in the eleventh and 
twelfth lines, and inserting in place thereof the word : — 
forty-five, — so as to read as follows: — Section 12. The 
clerk of the senate and the clerk of the house of representa- 
tives, subject to the approval of the senate and house re- 
spectively, may each appoint an assistant clerk who, in the 
absence of the clerk, shall perform the duties of the clerk 
unless a clerk pro tempore is chosen. Each clerk may 
remove the assistant clerk appointed by him. The clerk 
of the senate may also employ necessary clerical assistance 
at an expense of not more than fifteen hundred dollars a 
year, and the clerk of the house of representatives may also 
employ necessary clerical assistance at an expense of not 
more than forty-five hundred dollars a year. 

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

Approved May 22, 1915. 

Chap. 21 2 An Act to establish the salaries of the county com- 
missioners OF THE county OF NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. The annual salaries of the county commis- 
sioners of the county of Norfolk shall be forty-two huntlred 
dollars, or fourteen hundred dollars each. 

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

Section 3. This act shall take effect upon its passage. 

Approved May 24, 1915. 



Salaries of 
county commis- 
sioners of 
Norfolk county 
established. 

Repeal. 



General Acts, 1915. — Chap. 273. 327 



An Act relative to investments of savings banks and qJiq^j) 273 
institutions for savings. 

Be it enacted, etc., as follows: 

Section 1. Clause Fifth of section sixty-eight of chapter loos. 590. § es, 
five hundred and ninety of tlie acts of the year nineteen ^™''° "^ 
hundred and eight is hereby amended by adding at the end 
thereof the following: — Bonds which have been or shall p^r^^i?:*^""*;!? 

~ as legal invest- 

become legal investments under the provisions of this clause i]|J®°*^ankf ^ ' 
shall not, except as hereinafter provided, be deemed to be and institutions 
an illegal investment by reason of the fact that the corpora- 
tion issuing such bonds shall hereafter fail or shall have 
heretofore failed for a period not exceeding two successive 
fiscal years to earn and pay dividends in accordance with the 
requirements of this clause, but no further investment in 
the bonds issued by the corporation shall be made during 
said period. If after the expiration of said period the 
corporation earns and pays or has earned and paid dividends 
during the following fiscal year in accordance with the 
requirements of this clause, it shall be regarded as having 
complied therewith during said period: yrovided, that it Provisoa. 
shall not have so failed to comply during any other period 
wuthin the next preceding five years; and i^omded, that 
during said period of non-compliance its annual earnings 
shall have been at least sufficient to provide for the pay- 
ment of the interest upon its outstanding indebtedness and 
all other fixed charges in addition to its operating expenses. 
Nothing in this act shall be interpreted as invalidating any 
investments in bonds now held as legal investments by 
savings banks and trust companies of this commonwealth 
under the provisions of existing law. 

The public service commission shall, after the passage of Certification by 

.„ . , 111 .. public service 

this act, certify and transmit to the bank commissioner a commission. 
list of any street railway companies whose bonds may be 
or become legal investments by virtue of the provisions 
hereof. 

Section 2. Section sixty-eight of said chapter five hun- 1908. 590. § os, 
dred and ninety, as amended by chapter two hundred and '^^■' ^^^'^^'^'''^■ 
ninety-one of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by striking out in clause 
Fourteenth the words "clause Fifth'', in the third and fourth 
lines thereof. 

Section 3. This act shall take effect upon its passage. 

Approved May 24, 1915. 



328 



General Acts, 1915. — Chaps. 274, 275. 



Chap. 21 4: An Act to provide for the appointment of an 

ACCOUNTANT AND A BOOKKEEPER IN THE DEPARTMENT 
OF THE AUDITOR OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. The auditor may employ in his office an 
accountant at a salary not exceeding twenty-five hundred 
dollars a year, and a bookkeeper at a salary not exceeding 
twenty-four hundred dollars a year. 

Section 2. Section two of chapter five hundred and 
twelve of the acts of the year nineteen hundred and twelve, 
and all acts and parts of acts inconsistent herewith, are 
hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Aj^proved May 25, 1915. 



Appointment of 
accountant and 
bookkeeper in 
office of auditor. 



Repeal. 



19n, 751, § 3, 
etc., amended. 



Chap.275 An Act relative to process and procedure under the 

workmen's compensation act. 

Be it enacted, etc., as follows: 

Section three of Part III of chapter seven hundred and 
fifty-one of the acts of the year nineteen hundred and eleven, 
as amended by section eight of chapter five hundred and 
seventy-one of the acts of the year nineteen hundred and 
twelve and by chapter one hundred and twenty-three of 
the General Acts of the year nineteen hundred and fifteen, 
is hereby further amended by inserting before the word 
"summary", in the fourth line, the words: — simple and, — 
so as to read as follows : — Section 3. The board may 
make rules not inconsistent with this act for carrying out 
the provisions of the act. Process and procedure under 
this act shall be as simple and summary as reasonably may 
be. The board or any member thereof shall have the power 
to subpoena witnesses, administer oaths, and to examine 
such parts of the books and records of the parties to a pro- 
ceeding as relate to questions in dispute. Upon the written 
request of the board or of any member thereof, together 
with interrogatories and cross-interrogatories, if any there 
be, filed with the clerk of the superior court for any county 
of this commonwealth, commissions to take depositions of 
persons or witnesses residing without the commonwealth, 
or in foreign countries, or letters rogatory to any court in 
any other of the United States or to any court in any foreign 



Process and 

procedure 

under the 

workmen's 

compensation 

act. 



Depositions 
of witnesses 
residing 
without the 
commonwealth, 



General Acts, 1915. — Chap. 276. 329 

country, shall forthwith issue from the said superior court, 
as in cases pending in said superior court, and upon the 
return of the said depositions or answers to letters rogatory 
the same shall be opened by the clerk of the court which 
issued the commissions or letters, and the said clerk shall 
endorse thereon the date upon which any deposition or answer 
to letters rogatory was received and the same shall forth- 
with be delivered to the board. No entry fee shall be 
charged in such cases. The fees for attending as a witness Fees, 
before the industrial accident board shall be one dollar and 
fifty cents a day, for attending before an arbitration com- 
mittee fifty cents a day; in both cases five cents a mile for 
travel out and home. The superior court shall have power Enforcement. 
to enforce by proper proceedings the provisions of this 
section relating to the attendance and testimony of witnesses 
and the examination of books and records. 

Aiyproved May 26, 1015. 

An Act relative to the cost of reconstructing Chap. 276 

WELLINGTON BRIDGE OVER THE MYSTIC RIVER BETWEEN 
SOMERVILLE AND MEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter seven hundred and amended.^ ^' 
ninety-four of the acts of the year nineteen hundred and 
fourteen is hereby amended by inserting after the word 
"for", in the third line, the words: — together with any 
interest on any money borrowed, — and by striking out 
the words "in the county of IMiddlesex", in the third and 
fourth lines, and inserting in place thereof the words : — ex- 
cepting the city of Boston, — so as to read as follows : — 
Section 2. The cost of the work herein authorized shall not Payment 
exceed one hundred and fifteen thousand dollars, and shall reconstructing 
be paid for, together with any interest on any money bridgefe°tc. 
borrowed, in part by such cities and towns, excepting the 
city of Boston, as shall be found, in the manner herein pro- 
vided, to be specially benefited by the use of said bridge for 
highway purposes; in part by the Boston Elevated Railway 
Company or such street railway company as now has or 
shall be granted a location on said bridge upon the com- 
pletion of said work; and in part in the manner provided 
for parkway expenditures under the Metropolitan Parks 
Loan, Series Two, authorized by chapter two hundred and 
eighty-eight of the acts of the year eighteen hundred and 



330 



General Acts, 1915. — Chap. 276. 



1914, 794. § 3, 
amended. 



Issue of scrip, 
etc. 



ninety-four, and acts in addition thereto and in amendment 
thereof. 

Section 2. Section three of said chapter seven hundred 
and ninety-four is hereby amended by inserting after the 
word "dollars", in the fifth line, the words: — for a term 
not exceeding eleven years, — so as to read as follows : — 
Section 3. To meet the expenses incurred under this act 
the treasurer and receiver general is hereby authorized, with 
the approval of the governor and council, to issue scrip or 
certificates of indebtedness to an amount not exceeding one 
hundred and fifteen thousand dollars, for a term not ex- 
ceeding eleven years, as an addition to the amounts already 
authorized under the provisions of chapter two hundred and 
eighty-eight of the acts of the year eighteen hundred and 
ninety-four and acts in addition thereto and in amendment 
thereof, and as part of the Metropolitan Parks Loan, Series 
Two. Such scrip or certificates of indebtedness shall be 
issued as registered bonds, and shall bear interest at a rate 
not exceeding four per cent per annum, payable semi- 
annually, on the first days of January and July of each 
year. 

Section 3. Section four of said chapter seven hundred 
and ninety-four is hereby amended by inserting after the 
word "act", in the second line, the words: — together with 
any interest on any money borrowed, — and by striking 
out the words "in Middlesex county", in the fourth line, 
and inserting in place thereof the words: — excepting the 
city of Boston, — and by inserting before the word "of", 
in the twelfth line, the words: — of the acts, — so as to 
Apportionment read as follows : — Section 4- The expenses arising under 
the provisions of section one of this act, together with any 
interest on any money borrowed, shall be paid as follows : — 
Forty-two and one half per cent shall be paid by the cities 
and towns, excepting the city of Boston, determined to be 
specially benefited by the use of said bridge for highway 
purposes in the manner hereinbelow provided; fifteen per 
cent by the Boston Elevated Railway Company or such 
other street railway company as shall have a location on 
said bridge as aforesaid; and forty-two and one half per 
cent in the same manner as expenditures made from appro- 
priations authorized to carry out the provisions of said 
chapter two hundred and eighty-eight of the acts of^ the 
year eighteen hundred and ninety-four and acts in addition 
thereto and in amendment thereof. 



1914, 794, § 4, 
amended. 



of expenses. 



General Acts, 1915. — Chap. 276. 331 

Section 4. Section five of said chapter seven hundred amended.^ ^' 
and ninety-four is hereby amended by inserting after the 
word "for", in the tenth hue, the words: — together with 
any interest on any money borrowed, — and by striking 
out the words "in the county of INIiddlesex", in the sixth 
line, and inserting in place thereof the words: — excepting 
the city of Boston, — so as to read as follows: — Section 5. toTeterm?^" 
The commissioners next appointed by the supreme ludicial winch cities and 

towns urG 

court under the provisions of chapter four hundred and specially 
nineteen of the acts of the year eighteen hundred and ninety- 
nine shall, after due notice and hearing in such manner as 
they shall deem just and equitable, determine which of 
said cities and towns, excepting the city of Boston, are 
specially benefited by the use of said bridge for highway 
purposes, and the extent of such benefit, and shall further 
determine in proportion to such benefits the part of the 
cost of the work herein provided for, together with any 
interest on any money borrowed, to be paid by each of said 
cities and towns and shall return their award into said 
court, and when the same has been accepted by said court 
it shall be a final adjudication of all matters so referred to 
said commissioners, and shall be binding on all parties; and \l°^^^^°''^ 
in like manner said commissioners shall determine and file 
their award as to the payment by said cities and towns of 
the cost of maintenance of said bridge, and determine the 
proportion in which said cities and towns or any of them 
shall bear the same. 

Section 5. Said chapter seven hundred and ninety-four ish, 794, § e, 
is hereby further amended by striking out section six and in- ^""^ ^ 
serting in place thereof the following : — Section 6. Upon Collection of 

.i/ii- 1 , p*i ijIj 1 assessments, 

the nlmg and acceptance or said awards, the treasurer and etc. 
receiver general of the commonwealth shall estimate and 
determine the amount to be paid in accordance with said 
awards by each of said cities and towns so specially benefited 
as their proportion of the cost of the work herein provided 
for, and the treasurer and receiver general shall, beginning 
in the year nineteen hundred and fifteen, include in the 
sum charged to each of said cities and towns in the apportion- 
ment and assessment of its state tax such proportion of the 
amount to be paid by said cities and towns as may be neces- 
sary to provide for the payment of forty-two and one half 
per cent of the serial bonds maturing on the first day of the 
following January, together with the amount necessary to 
provide for the proportion of any such city or town of the 



332 



General Acts, 1915. — Chap. 277. 



Collection of 
asseasments, 
etc. 



Assesgments 
upon street 
railway com- 
panies. 



interest requirements. In like manner the treasurer and 
receiver general shall estimate and determine the amount 
to be paid in each year by any such city or town accord- 
ing to the award of said commissioners for the care and 
maintenance of said bridge, and shall include the sum in 
the annual state tax of such city or town, and the sums thus 
collected shall be credited to and paid into the funds available 
by the metropolitan park commission for the maintenance 
of said bridge, and may be expended by them for that 
purpose, in addition to any loans or appropriations au- 
thorized for parkway or boulevard purposes. The treasurer 
and receiver general shall annually assess upon the Boston 
Elevated Railway Company, or such other street railway 
company as shall have a location on said bridge, such sums 
as may be necessary to provide for the payment of fifteen 
per cent of the serial bond and interest requirements. The 
remaining requirements for serial bonds and interest pay- 
ments, and for the m.aintenance of said bridge, not ])rovided 
for to be paid by the cities and towns specially benefited, 
or by the Boston Elevated Railway Company, or such other 
street railway company, shall be determined, collected and 
paid in the manner set forth in chapter four hundred and 
nineteen of the acts of the year eighteen hundred and ninety- 
nine, to meet the interest and sinking fund requirements of 
loans or appropriations authorized to carry out the purposes 
of chapter two hundred and eighty-eight of the acts of the 
year eighteen hundred and ninety-four and acts in addition 
thereto and in amendment thereof, and to meet the expenses 
of care and maintenance of boulevards and parkways. 
Section G. This act shall take effect upon its passage. 

Api^roved May 2G, 1015. 



Chap. 277 An Act relative to the hours of labor of employees 

OF street railway companies. 

Be it enacted, etc., as foUoivs: 

Chapter five hundred and thirty-three of the acts of the 
year nineteen hundred and twelve, as amended by chapter 
eight hundred and thirty-three of the acts of the year nine- 
teen hundred and thirteen, w^hich substitutes a new section 
two for sections two and three of said chapter five hundred 
and thirty-three, is hereby further amended by inserting 
before the word "and", in the third line of said new section 



1912, 533, § 2, 
etc., amended. 



General Acts, 1915. — Chaps. 278, 279, 333 

two, the word: — dispatchers, — so as to read as follows: — 
Section 2. A day's work for all conductors, guards, drivers. Hours of labor 
motormen, brakemen, dispatchers and gatemen who are street'raiiway^ 
employed by or on behalf of a street railway or elevated companies. 
railway company shall not exceed nine hours, and shall be 
so arranged by the employer that it shall be performed 
within eleven consecutive hours. No officer or agent of any 
such company shall require from said employees more than 
nine hours' work for a day's labor. Threat of loss of em- "Requiring", 
ployment or threat to obstruct or prevent the obtaining of ^^^ '^^'°-'^'^^- 
employment by the employees, or threat to refrain from em- 
ploying any employee in the future shall be considered 
coercion and "requiring", within the meaning of this section. 
But nothing herein shall prevent an employee of the character 
mentioned in this act, if he so desires, from working more 
hours than those prescribed in the act for extra compen- 
sation. Approved May 26, 1915. 



An Act to transfer the town of northborougii from Q]^^) 278 

THE fourth to THE FIFTH MEDICAL EXAMINER DISTRICT 
OF THE COUNTY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section two of chapter twenty-four of the Revised Laws r. l., 24, § 2. 
is hereby amended by striking out the word "Northborough", 
in the one hundred and fifteenth line, and by inserting before 
the word "Southborough", in the one hundred and sixteenth 
line, the word : — Northborough. 

Approved May 27, 1915. 



amended. 



An Act to provide for the improvement of the harbor /^/,^^, 970 
and terminal facilities of the city of fall river. ^' 

Be it enacted, etc., as follows: 

Section 1. The board of harbor and land commis- improvement 
sioners, for the purpose of improving and developing Fall termiilLT """'^ 
River harbor and the transportation and terminal facilities pairRive"/ 
of the city of Fall River, is hereby authorized to construct 
piers, to build sheds or other buildings on said piers, to 
provide the necessary equipment and appliances for handling 
freight and receiving passengers at said piers, to fill solid 
and dredge, and to do such other work as may be necessary 



334 



General Acts, 1915. — Chap. 279. 



Harbor and 
land commis- 
sionera may 
select location 
for wharf, etc. 



City may issue 
bonds. 



City of Fall 
River, Harbor 
Improvement 
Loan. 



Unexpended 
balance may 
be used. 



and advisable to carry out the purposes of this act; all of 
the said work to be done within the limits of the said city. 
All contracts made under the provisions of this section shall 
be subject to the approval of the governor and council. 

Section 2. The board of harbor and land commissioners 
shall have the sole authority to select a suitable location for 
the wharf and piers hereby authorized, and the city of 
Fall River is authorized to take, or to acquire by purchase 
or otherwise, piers, wharves, buildings, land, flats, rights, 
privileges, and easements, and such other land abutting 
upon Mount Hope bay as the city of Fall River may deem 
advisable, and to transfer the same or such part thereof as 
the board of harbor and land commissioners shall deem 
necessary to the commonwealth of Massachusetts without 
payment therefor, the land so transferred to the common- 
wealth to be for the purpose of carrying into effect the pro- 
visions of this act. 

Section 3, The city of Fall River, for the purpose of 
paying the necessary expenses of acquiring said land and 
other property under the provisions of this act, and for 
making any contribution necessary toward the work to be 
done by the harbor and land commissioners under authority 
of section one of this act, may issue from time to time bonds 
or notes to an amount not exceeding two hundred and fifty 
thousand dollars, 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 City 
of Fall River, Harbor Improvement Loan, Act of 1915; 
shall be payable by such annual payments, beginning not 
more than one year after the date thereof, as will extinguish 
each loan within fifteen years after its date, and the amount 
of the annual payment of principal and interest upon any 
loan in any year 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. The 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 and 
countersigned by the mayor of said city. The city may 
sell the said securities at public or private sale upon such 
terms and conditions as it may deem proper, but they shall 
not be sold for less than their par value. 

Section 4. Any unexpended balance of the two hundred 
and fifty thousand dollars received from the issue of bonds 



General Acts, 1915. — Chap. 279. 335 

or notes hereunder by the city of Fall River remaining after 
paying for land and other property necessary for the site 
shall be available for the construction of said pier, if deemed 
necessary by the board of harbor and land commissioners, 
and may be used by them in addition to the sum authorized 
by section five of this act. 

Section 5. The board of harbor and land commis- Bond issue by 
sioners is hereby authorized to expend on behalf of the <=°™™'"^'^'''* * 
commonwealth for the purposes of this act a sum not ex- 
ceeding three hundred and fifty thousand dollars, and the 
treasurer and receiver general is hereby authorized to issue, 
in the name and behalf of the commonwealth, bonds or 
scrip to an amount not exceeding the said sum. Such bonds 
or scrip shall be issued upon the serial payment plan from 
time to time as may be necessary, in such amounts and upon 
such terms, and shall be payable serially in such amounts 
and at such times, within a period not exceeding fifteen 
years, as shall be determined by the treasurer and receiver 
general, with the approval of the governor and council, to 
be for the best interests of the commonwealth. 

Section 6. Before any contracts are made under the city to transfer 
provisions of section one of this act, the city of Fall River ete^rtocom-^' 
shall transfer or cause to be transferred to the common- monweaith. 
wealth, without cost, all the right, title and interest of the 
city in and to the land, flats, piers and buildings included 
within the territory to be improved and developed by the 
commonwealth under authority of this act. 

Section 7. Upon the completion of the work authorized Harbor and 

11 1P11 •• commis- 

by this act, the board of harbor and land commissioners sinners to 
shall administer the terminal facilities acquired or created terminal faciu- 
by the commonwealth under the provisions of this act, and '®^^*'"""® 
the expenses thereof shall be determined by the governor 
and council and paid by the commonwealth. The said ^"^l^fio^g 
board shall make such rules and regulations and shall charge 
such reasonable rates for the use of the said structures and 
equipment as shall be approved by the governor and council. 
The income from all wharfage and storage, use of cranes, Disposition 
lighterage, dockage, and other sources shall be collected by °^'"«'°™^- 
said board and paid into the treasury of the commonwealth. 
Section 8. This act shall take effect upon its passage. 

Approved May 27, 1915. 



336 



General Acts, 1915. — Chaps. 280, 281, 282. 



Salary of 
assistant 
register of 
probate and 
insoh-ency for 
Norfolk county 
established. 
Repeal. 



1913, 401, § 2, 
repealed. 



Chap.280 An Act to establish the salary of the assistant 

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY 
OF NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. The assistant register of probate and in- 
solvency for the county of Norfolk shall receive a salary of 
sixteen hundred and fifty dollars a year, payable from the 
treasury of the commonwealth. 

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

Section 3. This act shall take effect upon its passage. 

Approved May 27, 1015. 

Chap. 281 An Act relative to evidence in actions for damages 

FOR THE TAKING OF OR INJURY TO REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter four hundred and 
one of the acts of the year nineteen hundred and thirteen is 
hereby repealed. 

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

Approved May 27, 1915. 

Chap. 282 An Act to authorize the establishment of boards of 
commissioners of trust funds in cities and towns. 

Be it enacted, etc., as follows: 

Section 1. Cities and towns may create boards of com- 
missioners of trust funds, who shall have the management of 
all trust funds given or bequeathed for the benefit of the 
city or town, or the inhabitants thereof, unless the donor in 
making the gift or bequest shall otherwise provide. The 
board shall consist of three persons. In cities the commis- 
sioners shall be appointed by the mayor and confirmed by 
the council or board of aldermen, as the case may be, except 
that in cities having a commission form of government they 
shall be appointed by the mayor and confirmed by the com- 
missioners or directors, as the case may be. In towns 
they shall be elected in the same manner in which other town 
officers are elected. The term of office of the commissioners 
shall be for a period of three years, and at the time of creating 
said board there shall be appointed or elected one member 
for a term of one year, one member for a term of two years, 
and one member for a term of three years; and there shall 



Establishment 
of boards of 
commissioners 
of trust funds 
in cities and 
towns. 



Appointment. 



Election. 



Term of office. 



General Acts, 1915. — Chap. 283. 337 

be appointed or elected annually thereafter one member for 
a term of three years. Any vacanc}^ in the board shall be Vacancies. 
filled in cities by appointment by the mayor, with the 
approval of the council or board of aldermen, as the case 
may be, or in cities having a commission form of govern- 
ment, with the approval of the commissioners or directors, 
as the case may be; and in towns, by the selectmen. 

Section 2. The treasurer of the city or town shall be city or town 
the custodian of all funds and securities of such trust funds, becustocUaM 
and shall invest and reinvest them, and expend therefrom "f^""*^^- 
moneys as directed by the commissioners. The treasurer Bond, 
shall furnish a bond satisfactory to the board for the faithful 
performance of his duties. 

Section 3. The said board of commissioners shall, so Management of 
far as is consistent with the terms of the particular trusts "^^ 
under which trust funds are held by the city or town, manage 
and control the same, and as a part of such management 
shall distribute the income of said funds in accordance 
with the terms of the respective trusts. The board shall Record, 
keep a record of its doings, and at the close of each financial 
year shall make a report to the city or town, showing the 
total amount of the funds, together with their investments, 
receipts and disbursements on account of the same, setting 
forth in detail the sources of the receipts as well as the 
purposes of the expenditures. 

Section 4. The election or appointment of commissioners Election, etc.. 
of trust funds, or like officers, in cities or towns prior to the commtss'iouers, 
passage of this act, is hereby ratified and confirmed; and etc., ratified. 
the acts and proceedings of all such officers are hereby 
approved and made valid to the same extent as if they 
had been appointed or elected in accordance with the pro- 
visions of this act. 

Section 5. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

Section 6. The provisions of this act shall not apply to Not to apply 
the city of Boston. ^°os1on.''^ 

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

ApiJromd Ma