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

GENERAL ACTS 



PASSED HY THE 



(ieneral d^uurt rif gHassatlmsetts, 



IN THK YEAR 



1916, 



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 : 

WEIGHT & POTTER PRINTING CO., STATE PRINTERS, 

32 DERNE STREET. 

1916. 



A CONSTITUTION 



FORM OF GOVERNMENT 



(FI)P Commntmipallli nf iUasaarliuflrtlH 



PREAMBLE. 

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

The body politic is formed by a voluntary association Body politic, 
of individuals : it is a social compact, by which the whole lu'liful?^!'^' 
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. 

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



CONSTITUTION OF THE 

ably, without fi-aud, 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 
du'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- 

MON^VEALTH OF MASSACHUSETTS. 



Equality and 
natural rights 
of all men. 



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



Amendments, 
Art. XI. Bubsti. 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



PART THE FIRST. 

A Declaration of the llights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Article I. All men are born free and equal, and have 
certain natural, essential, and unalienable rights ; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seeking and 
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 liis own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in theu' religious worship. 

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



COMMONAVEALTII OF MASSACHUSETTS. 5 

the support and maintenance of public Protestant teachers 
of piety, reliirion, and morality, in all cases where such 
provision :>hall not bo made vohmtarily. 

And the people of this commonwealth have also a right atten*dMce^°*° 
to, and do, invest their legislatm*e Avith 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, notAvithstanding, that the several towns, par- Exclusive right 
ishcs, precincts, and other bodies politic, or religious socie- fiu^i^ieache^s'^' 
ties, shall, at all times, have the exclusive right of electing ««<'"''^^- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moncA's paid by the subject to the support of ^^omVa^rochiai 
public Avorship, and of the luiblic teachers aforesaid, shall, taxes may be 

f- . .'• . ^ paid, unless, 

II he requu'e it, be uniformly applied to the support of the etc. 
public teacher or teachers of his oAvn religious sect or de- 
nomination, proA^ded there be any on whose instructions 
he attends ; otherAA^ise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in Avhich 
the said moneys are raised. 

And every denomination of Christians, demeaning them- Aiidenomina. 
seh-^es peaceably, and as good subjects of the commouAvealth, proTectld. ^ 
shall be equally under the protection of the law : and no suborflnation 
subordination of any one sect or denomination to another anotTermo^ 
shall e\'er be established by law.] hibued. 

IV. The people of this commonAvealth haA'e the sole Right of self 
and exclusive right of governing themselves, as a free, fecured?^° 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy CA^ery poAver, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 

them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^f^f^.fffij'er"^ 
being derived from them, the scA'cral magistrates and etc 
officers of government, vested Avith 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 puMfc^be\ng 
and exclusive privileges, distinct from those of the com- JJ^cui'iir privi'° 
munitv, than Avhat arises from the consideration of ser- jeges,heredi- 

" ^ ^ . ., tary oflices are 

Vices rendered to the public; and this title being in absurd and 
nature neither hereditary, nor transmissible to children, ''°"*"'"*' 



CONSTITUTION OF THE 



Objects of gov- 
erument; right 
of people to 
institute aud 
change it. 



Right of people 
to secure rota- 
tion in oiHce. 



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

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

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

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



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

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

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

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

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

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

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

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

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



com:\ionavealth of Massachusetts. 7 

justice fi-eely, and Avithoiit bcin<j: obliged to purchase it; 
completely, and without utiy denial ; promptly, and with- 
out delay ; contbnnabl}' to the laws. 

XII. No subject shall be held to answer for any crimes Proeecntions 
or offence, until the same is fully and plainly, substantialh' rffck^'ii. 
and formally, described to him ; or be compelled to accuse. Is rick'. 434. 
or furnish evidence against himself. And every subject l^ulth"^' 
shall have a right to produce all proofs that may be favor- I^qj"^^}'^^^- 
able to him ; to meet the Avitnesses against him face to face, & Gray', leo. 
and to be fully heard in his defence by himself, or his looray, 11.' 
counsel, at his election. And no subject shall be arrested, a^AiiTif/sw!* 
imprisoned, despoiled, or deprived of his property, immu- Ij^^ml'm' 
nities, or privileges, put out of the protection of the law, jj^j^ng^ no 
exiled, or deprived of his life, liberty, or estate, but by the 97 Maee.'sTo,' 
judgment of his peers, or the law of the land. looMaee. 287, 

107 Maes. 172, 180, 118 Maee. 443, 451. 122 Maee, 332. 127 Mass. 550, 654. lOSMaes. 418. 

108 Maee. 5, 6. 120 Maee. 118, 120. 124 MaBS. 464. 129 Maes. 559. 

And the legislature shall not make any law that shall b'^uU^in"^* 
subject any person to a capital or infamous punishment, cnminai caeee, 
excepting for the government of the army and navy, with- roray, 3i», 373. 
out trialV jury. io3MksB.4i8. 

Xni. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the great- ^dluy!" *^* 
est securities of the life, liberty, and property of the loi^^Vs^ei, 62. 
citizen. 

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

,11 1 . ^ n 1 • i" and seizure 

unreasonable searches, and seizures, of his person, his regulated. 
houses, his paj^ers, and all his possessions. All Avarrants, Amend°tiv. *' 
therefore, are contrary to this right, if the cause or founda- soush^S'o. 
tion of them be not previousl}'^ supported by oath or affir- la^G^ay^W 
mation, and if the order in the warrant to a civil officer, to Jl-V/®°' t*!?; 

' . ' 100 Mass. loo, 

make search in suspected places, or to arrest one or more ^^^- 

126 MaBB. 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 eJclpt%k;"^**' 
which it has heretofore been otherways used and practised, Amend"t vif.'' 
the parties have a right to a trial by jury ; and this method 2 ^|^^-*^^- 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 
on the high sea^s, and such as relate to mariners' wages, 11 AiiVn, 574, 
the legislature shall hereafter find it necessary to alter it. io2'Ma68.45,47, 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



Bight 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 sus- 
pend the laws 
or their execu- 
tion. 



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



Frequent see- 
eions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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

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

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of 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 their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the conmion- 
wealth. 

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

XX. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by 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. 



CO:NniONWEALTII OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex pout facto 
the existence of such laws, and which have not been de- vi\\^ll,ii\ ' 
clured crimes by preceding laws, are unjust, oppressive, '^'^''^^*^>*^- 
and inconsistent Avith the fundamental princij)les of a free 
government. 

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

XXVI. No magistrate or court of laAv shall demand ^/flnesjaiid"'' 
excessive bail or sureties, impose excessive fines, or inflict '=''"^' punish. 

' ^ ' mente, pro- 

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

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

by the civil magistrate, in a manner ordained by the legis- 
lature . 

XXVm. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc. 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
latm-e. 

XXIX. It is essential to the preservation of the rights judges of su. 
of every individual, his life, liberty, property, and charac- court! ^"'^'"^ 
ter, that there be an impartial interpretation of the laws, lQray,^Ik. 
and administration of justice. It is the right of every ^;^|}^°'^|^- 
citizen to be tried by judges as free, impartial, and inde- i^^^^/^-^i^* 
pendent as the lot of humanity will admit. It is, therefore , f enure'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 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ciTi!amn'e^ji8*' 
and judicial powers, or either of them : the executive shall menTg^^^"'^^' 
never exercise the legislative and judicial powers, or either f ^"le^n sei'. 
of them : the iudicial shall never exercise the leijislative ?'Hl®°'^LP- 

. .1 /, 1 1 1 • 10*^ Mass. 2S2, 

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

may be a government of laws and not of men. 249. ' * 

116 Maes. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people , inhabiting the territory formerly called the 
Province of Massachusetts Bay, do hereby solemnly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Coimmon^v^ealth 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, uotwith- 
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 the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled, The General Court of 
Massachusetts. 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in writing, to the senate or house of representatives, iu 
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 MASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, if any bill in case of ad- 
or resolve shall not be returned by the governor within the general'^ 
five days after it shall have been presented, the same shall th" five daj", 

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

meutB, Art. I. 

HI. The genei'al court shall forever have full power General court 
and authorit}^ to erect and constitute judicatories and judicatories"'* 
courts of record, or other com'ts, to be held in the name ord"e'tc°.^ '^*'^' 
of the connuon wealth, for the hearing, trvin"-, and deter- fo'^i^i- ^; ,. 

. . , ^ . O ' -' o ' 12 Gray, U7, 

miiimg ot all manner of crmies, onences, pleas, processes, la-i. 

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

arising or happening wdthin the common Avealth, or between 

or concerning persons inhabiting, or residing, or brought 

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

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

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

for the awarding and making out of execution thereupon. 

To which com'ts and iudicatories are hereby given and Courts, etc., 

-,,, "{ ,, _ .'''. naav administer 

granted tull power and authority, irom tmie to time, to oaths, 
administer oaths or aiBrmations, for the better discovery 
of truth in any matter in controversy or depending before 
them . 

TV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to etc? *"'"' ^^^' 
time to make, ordain, and establish, all manner of whole- 4Anen',473. 
some and reasonable orders, laws, statutes, and ordinances, i^.-^iien, 223, 
directions and instructions, either with penalties or with- 1^ Mass. 544. 
out ; so as the same be not repugnant or contrary to this ii^ Mass. 467, 
con.stitution, as they shall judge to be for the good and may enact • 
welfare of this commonwealth, and for the government J.*p*^n*^'J;j to* 
and orderinof thereof, and of the subjects of the same, and the constitution. 

■ C; ' 11. •! ^ Allen, 3o8. 

tor the necessary support and detence ot the government 
tliereof ; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil otficers orVppofn^tme^n" 
within the said commonwealth, the election and consti- n5*Ma8"602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th^rffie^s"""' 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 



CONSTITUTION OF THE 



General court 
may impose 
taxes, etc. See 
Amenrlments, 
Art. XLI and 
Art. XLIV. 
12 Mass. 252. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 223, 
235,238,240, 
298, 300, 312, 
313,500,612. 

98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
585. 

103 Mass. 267. 
114 Mass. 388, 
391 

lie'Mass. 461. 
118 Mass. 386, 
389. 

123 Mass. 493, 
495. 

127'Mass. 413. 
may impose 
taxes, etc., to be 
disposed 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 l3^ing, 
within the said commonwealth ; and also to impose and 
levy 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 equality, there shall 
be a valuation of estates within the commonwealth, taken 
anew once in every ten years at least, and as much oftener 
as the general court shall order. 

For the authority of the general court to charter cities, see amendments, Art. 11. 
For the state \\ide 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, Art. 
XVI. 



Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
qualified 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 purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts , shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
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 thir- 



COMMONAVEALTII OF MASSACHUSETTS. 13 

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

And the sovenil counties in this conmionwealth shall, ^1° trict? uutii 
until the general court shall determine it necessary to etc. 
alter the said districts, be districts tor 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. : — Sutiblk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, tlu*ee ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes Count}' and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

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

. c time of choosing 

ure ; and the senators shall be chosen in the following man- senators and 
ner, viz. : there shall be a meeting on the [fii'st Monday in amendments, 
April,] annually, forever, of the inhabitants of each town xv!" a's''" 
in the several counties of this commouAvealth ; to be called amendmemt, 
by the selectmen, and warned in due course of law, at ^^'^;.M^jjjg ^^ j^ 
least seven davs before the [first Monday in April,! for qualification'* o^ 

-, . L - 1 voters, Buper- 

the purpose oi electing persons to be senators and coun- eeded by amend- 
cillors ; [and at such meetin«:s every male inhabitant of m., xx., 

"VVVTIT 

twenty-one years of age and upwards, having a freehold xxx.,x'xxi. 
estate within the commonwealth, of the annual income of word"ui"abi. 
three pounds, or any estate of the value of sixty pounds, I^J^gais'l^fm'elid 
shall have a right to give in his vote for the senators for ments, Art. 

^ O O XXIll which 

the district of which he is an inhabitant. ] And to remove wks annulled by 
all doubts concerning the meaning of the word " inhabi- 12 Gray, 21." 
tant" in this constitution, every person shall be considered 1^^^*8.095, 
as an inhabitant, for the purpose of electing and being 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at selectmen to 

I . . . „ Tin '1 j> preside at town 

such meetings impartially ; and shall receive the votes 01 meetings. 

all the inhabitants of such towns present and qualified 

to vote for senators, and shall sort and count them in 

open tOAvn meeting, and in presence of the town clerk. Return of votes. 

who shall make a fair record, in presence of the selects 

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 ^s to cities, see 

the selectmen and the town clerk, and shall be sealed up, Art. u. 

dii'ected to the secretary of the commonwealth for the 

time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



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



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



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



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



Senate to be 
final judge of 
elections, etc., 



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednes- 
day in May] annually ; or it shall be delivered into the 
secretary's oiEce 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 Monday 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, accordingly. 

ni. And that there may be a due convention of sena- 
tors on the [last Wednesday in May] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^J;^' ""^^ "•""• 
last Wednesday in Mavl annually, determine and declare J'">« fij?nped 

• J • to nret \\ eanes- 

Avho are elected by each district to be senators rby a day of January 

,» " t • ji iiii J. by amend- 

majority ot votes; and m case there shall not appear to mentH, Art. x. 
be the full number of senators returned elected by a chan^eJto 
majority of votes for any district, the deficiency shall be imendJ^ents, 
supi)lied in the follo\vinir 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 sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in people. 
every district of the commonwealth ; and in like manner mept^Art. 
all vacancies in the senate, arising b}^ death, removal out ^^^^^^v- 
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, within this commonwealth, uhed!°^^°'' 
of the value of three hundred pounds at least, or possessed ^Tn^g'^ ^rt. 
of personal estate to the value of six hundred pounds at f^r further pro- 
least, or of both to the amount of the same sum. and] M'ho viBionasto 

, , . 1 , . ,' 1 • lii 1" J.^ residence, see 

has not been an inhabitant oi this commonwealth tor the aUo amend- 
space of five years immediately preceding his election , and , xxii.' ' 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

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

VII. The senate shall choose it^ own president, ap- 5^/02"^^°°^^ 
point its own officers, and determine its own rules of establish its 

^ rules. 

proceedings. 

VIII. The senate shall be a court with full authority , ehaiitryau 

. . Ill' impeachments. 

to hear and determine all impeachments made by the 

house of representatives, against any officer or officers 

of the commonwealth, for misconduct and mal-administi-a- 

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

impeachment the members of the senate shall respectively 

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

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

ment, however, shall not extend further than to removal 

from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



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



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

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



Representation 
of the people. 



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



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



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



Qualifications 
of a repre- 
sentative. 



CHAPTER I. 

Section IH. 

House of Representatives. 

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

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

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

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

[The expenses of travelling to the general assembly, and^ 
returning home, once in eveiy 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.] 

IH. Every member of the house of representatives 
shall be chosen by ivritten votes ; [and, for one year at 



com:monavealtii of :massachusetts. i7 

least next precedins: his election, shall have been an inhab- New provision 

^ , , V • 1 • 1 • • 1 J. X' !• "8 to residence. 

itunt ot, and Inivc been seised in his own ritrlit oi a iree- seeamend- 
hold of the value of one hundred i)Ounds within the toAvn xxl'*^"^*' 
he shall be chosen to represent, or any ratable estate to rtcationJXri"' 
the value of two hundred pounds : and he shall cease to l^^fi^y "J^^""*- 

■^ ^ 111611 i8f ^i.rv* 

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

IV. [Every male person, being twenty-one 3'ears of ^"f^.^^g"°°^ 
asre, and resident in any particular town in this common- These pro- 

~ , , ,, •, />" 1 T 1 • viwions super- 

wealth for the space ot one year next preceding, having a sededby 

freehold estate within the said town of the annual income A?tTl?Cxx., 

of tliree pounds, or any estate of the value of sixty pounds, ^x"xxxi, 

shall have a riafht to vote in the choice of a representative andxxxii. 

o ^ ^ *■ tee alec amend- 

or representatives for the said town. 1 p?!?.*/'^"^*,- . 

__ ■'^ t-rrvt -1 /• 1 1 <• j_ i' 1 11 XXIII., which 

V. [The members of the house ot representatives shall wag annulled by 
be chosen annuall}^ in the month of Ma}^ ten days at least R^r'^g^nta! 
before the last Wednesday of that month.] choeeiT^^" 

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

Art. XV. 

VI. The house of representatives shall be the i^-and nouBeaione 

I >^ can impeacb. 

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

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

J c? nate all money 

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

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

IX. [Xot less than sixt}'" members of the house of ^"e^^'enfg*® 
representatives shall constitute a quorum for doing busi- Ans^xxi. and 
ness.] 

X. The house of representatives shall be the judge of ^"y^J'^^/^g^/ ^f 
the returns, elections, and qualifications of its own mem- itsown'mem- 
bers, as pointed out in the constitution ; shall choose their its oflkersand 
own speaker ; appoint their own officers, and settle the rules, 'etc! ^ 
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 ^'^ *^"y' ^^®' 
to the house, by any disorderly or contemptuous behavior 

in it« 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 Avitness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



house, in his way in going or returning ; or who shall 
rescue any person arrested by the order of 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 same powers in the like 
cases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described ofl'ences, be for a term exceeding 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. 



Oovemor. 



His title. 

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



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

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



EXECUTIVE POWER. 

Section I. 

Govet'nor. 

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

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

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



CO:\IMONWEALTH OF MASSACHUSETTS. 19 

a list ot" the porsons voted for, with tlie luiniber of votes 
for etieh ])er.s()n aiitiin.st his luiiiie ; and .sliall nuikc a fair 
record of the same in the town books, and a })ublic deela- Ae to cities, see 
ration thereof in the said nieetin<2f ; and shall, in the pres- An. ii. 
eneo of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sherilf of the county, thirty days at least before the 
[last AVednesda}' in ^lay] ; and the sherilf shall transmit Z'Zf\\^efnes. 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wctinesday in May'] ; or the select- meuts, Art. x. 
men may cause retiu"ns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them Changed to 
examined ; and in case of an election by a [majority] of all amendmeuts, 
the votes retm-ned, the choice shall be by them declared ^^"-^i^- 
and published ; but if no person shall have a [majority] of ■whrn''no*pe"r8on 
votes, the house of representatives shall, by ballot, elect '^''^ * p^'^''^^'^- 
two out of four persons who had the highest numlier of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make retm-n to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The irovernor shall have authoritv, from time to Power of gov. 

1 ■ 1 • • , 11 1 *^ n i ii J.1 ernor, and or 

tmie, at his discretion, to assemble and call togetiier the sovernorand 
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 allairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- generfrcourt 
eral court, to adjourn or prorogue the same to any time and convene ' 
the two houses shall desire ; [and to dissolve the same on ^s to'^dil'soiu- 
the day next preceding the last Wednesday in May ; and, ^^JI^'J^'ts^Art^x^" 
in the recess of the said court, to prorogue the same from 

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



20 



CONSTITUTION OF THE 



Ab to disBolu- 
tion.Bee amend- 
ments, Art. X. 

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



Governor to be 
commander-in- 
chief. 



Limitation. 



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

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

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

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

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



CO:\BIONWEALTII OF MASSACHUSETTS. 21 

<n"^ntGd, or hereafter to be £:i*sinted to him by the legis- 
lature, tninsport any of the inhabitants of this eomnion- 
Avealth, or oblige them to mareli out of the limits of the 
same, "without 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. 

YIII. The power of pardoning oifences, except such Governor and 
as persons may be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by ^^*=*^p*' ^"=- 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the partv ijleadino- the same. But not before 

., ,. t A • ^ • conviction. 

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

IX. All judicial officers, [the attorney-general,] the Judicial om. 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a^n'd 
probate,] shall be nominated and appointed by the gov- Forprovisions 
ernor, by and with the advice and consent of the council ; ^f a°torney-'* 
and everv such nomination shall be made by the ofovernor, general, Bee 

. , "^ ? amendments, 

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

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

X. The captains and subalterns of the militia shall be Miutia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twentj^-one years b|Vme"nd'- °"* 
of age and upwards ;] the field officers of regiments shall ™ents, Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, b}' the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- nowcommis- 
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 major-generals shall be appointed by the senate and how^I'^^oimed' 
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 brifnidiers, field officers, captains vacancies, how 

1 1 11 1 ,' J 111 filled, incase, 

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



22 



CONSTITUTION OF THE 



Officers dnly 
commiesioned, 
how removed. 
Superseded by 
amendmentB, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, 
except, etc. 
13 AUen, 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, witli advice of council, 
shall appoint suitable persons to fill such offices. 

[And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in 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 common- 
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 treasury of 
this commonwealth, and disposed of (except such smns as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by waiTant 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- 
mouAvealth ; 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 every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
Avith their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons ; and the said commanding officer shall 



COMMOXWKALTir OF ^MASSACHUSETTS. 23 

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

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

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

Permanent and honorable salaries shall also be estab- Salaries of jus. 
lislied by law for the justices of the supreme judicial court. judfcLuom"^^ 

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



CHAPTER II. 

Section IL 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of ^Massachusetts, fitufand'^ciuaH- 
whose title shall be — His Honor; and who shall be fmendment'sr 
qualified, in point of [religion,] [property,] and residence xxxiv"'""'^ 
in the commonwealth, in the same manner with the gov- 
ernor : and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are rc- 
quh'ed 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 -ndedforby 

, "^ " amendments, 

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



24 



CONSTITUTION OF THE 



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



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



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

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

III. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the com- 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such 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. 



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



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

Superseded by 
amendments, 
Art. XVI. 



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



CHAPTER II. 
Section HI. 

Council, and the Mann€7' of settling Elections by the Legis- 
lature. 

Aeticle I. There shall be a council for advising the 
governor in the executive part of the government, to con- 
sist of [nine] persons besides the lieutenant-governor, 
Avhom the governor, for the time being, shall have full 
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 aftairs 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 will accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the 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 

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

1.1 1111 1 , i> 1 1 • i J. councillors. 

commonwealth, shall have rank next alter tiie lieutenant- 
cjovernor. 

IV. rXot more than two councillors shall be chosen No district to 

. ,' T J. • i. i" ii • lii -1 have more than 

out 01 any one district or tins commonwealth. J two. 

Superseded hy amendments, Art. XVI. 

V. The resolutions and advice of the council shall be Kegisterof 
recorded in a register, and si<>-ned by the members present ; *^°"°" " 
and this record may be called for at any time by either 
house of the legislature ; and any member of the council 

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

VI. Whenever the oflSce of the governor and lieuten- council to exer. 

, 1111 i.1 J? J J.^ X, else the power 

ant-governor shall be vacant, by reason ot death, absence, of governor m 
or otherwise, then the council, or the major part of them, «>*««>«*<=• 
shall, during such vacancy, have full power and authority 
to do, and execute, all and every such acts, matters, and 
things, as the governor or the lieutenant-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 Wednesda}^ in May annu- untVetc!°* 
ally, by the tAvo houses of the legislature, may not be 
completed on that da}^, the said elections may be adjourned 

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



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Commissary , etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissarj'-general, notaries public, and] howciXeT 
naval officers, shall be chosen annually, by joint ballot of Jo^Iiection'of °* 
the senators and representatives in one room. And, tliat urer^an^re!^^**' 
the citizens of this commonwealth mav be assured, from ceiver-seuerai, 

. . ,1 .'..,,. and aiulitorand 

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



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
successive 
years. 



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



lie accounts, are their property, no man shall be eligible 
as treasurer and receiver-general more than five j^ears 
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 shall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III. 



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



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Maes. 657, 
661. 

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



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



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POWER. 

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

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

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

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



C0:\OI0NWEALTII OF MASSACHUSETTS. 27 

V. All causes of maiTiafjo, divorce, and alimony, and Sj^vorc^/^d 
all appeals from the iudfrcs of probate, shall be heard and "Jinu.ny. 

1 • • 1 1 •' c- I ' •! 1 1 • Other pro- 

detennined bv the governor and council, until the legis- viBions made 
lature shall, by law, make other provision. io5Mmb.327, 

116 Mase. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS, 

[The delesiites of this commonwealth to the congress of Delegates to 

1 TT • 1 1 1 11 • • 1 1 r> -r congress. 

the United btates, shall, some time in the month of June, 
annually, be elected b}^ 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 year, and others chosen and com- 
missioned, in the same manner, in their stead.] 



CHAPTER V. 

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

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the 3'ear one thousand six hundred and thirt3^-six, ^*^"®8®- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to th<j 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, phvi. 
Harvard College, in their corporate capacity, and {he^p^esfdent 
their successors in that capacity, their officers and ser- confimel.^' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and Iranchises, which they now have, or are entitled 



28 



CONSTITUTION OF THE 



AU gifts, 
grants, etc.; 
confirmed. 



Who shall be 
overseers. 

See Statutes, 

1851, 224. 

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



Power of altera- 
tion reserved to 
the legislature. 



to have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, and to their oiScers 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 confii-med unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

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



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTER V. 

Section II. 

The Encouragement of Literature, etc. 

"Wisdom and knowledge, as well as virtue, diffused gen- Duty of legieiat- 
erally among the body of the people, being necessary for ,"tmtc"inTif' 
the preservation of their rights and liberties ; and as these Fo"further°pro- 
depend on spreading the opportunities and advantages of ^",j{,\\"\chooiB 
education in the various ])arts of the countrv, and among see amend- 

, 1 . ,, T ,« I 1 •, 1 ii' 1 1 1 ' meuts, Art. 

the ditlercnt orders ot the people, it shall be the duty xvni. 
of legislatures and magistrates, in all future periods of 503. ^°' 
this commonwealth, to "cherish the interests of literature "^^*^^-®*'^^' 
and tlie 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 agricultm-e, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanit}' and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentmients, among the people. 



CHAPTER VI. 

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

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

"I, A. B., do declare, that I believe the Christian reli- ^'^'i^h'^^^-J^^ 

' ' ... amendraents, 

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

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



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



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



Oath of office. 



Proviso. See 
amendments, 
Art.VL 



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 censti- 
tution ; and forever afterwards before the governor and 
council for the time being.] 

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

[" 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 
will 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 powef whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jiu"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 fm-ther testify and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjuration, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

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

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

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



COMMON WEALTH OF MASSACHUSETTS. 31 

people called (Quakers, and shall decline taking the said 
oath[s], he shall make his aHirniation in the foregoing 
form, and subscribe the same, omitting the words, ["/Jo 
swear,'' " and abjure^" " oath or," " and abjuration," in the 
first oath, and in the second oath, the words] '■'■ sicear 
and," and [in each of them] the words " So Iielj) me, 
God;" subjoining instead thereof, " 27iis I do under the 
imins and 2)enalties of perjuri/." 

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

II. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial com"t, shall hold any other office or place, hiwted^uTgov- 
under the authority of this commonwealth, except such as exceptretc. 
by this constitution they are admitted to hold, saving that ^^e^nt^Art. 
the judges of the said court may hold the offices of justices "^"^i^- 
of the peace through 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^fg*"5||°'" 
the same time, within this state, more than one of the fol- 
loAving offices, viz. : judge of probate — sheriff — register 
of probate — or register of deeds ; and never more than 
any two offices, which are to be held by appointment of 
the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any county, 
military offices, and the offices of justices of the peace 
excepted, shall be held by one person. 

No person holding tlie office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For*^further pro- 
general — treasurer or receiver-genei-al — judge of probate i^co°mpatible 

— commissary-general — [president, professor, or instruc- amendments 
tor of Harvard Collesre] — sheriff — clerk of the house of ^^t. viii. 

» J . /» 1 1 Officers of Har- 

representatives — register ot probate — register ot deeds vardcciiege 

— clerk of the supreme iudicial court — clerk of the infe- amendment, 
rior court of common })leas — or officer of the customs, ^ * 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
oflBcee. 



Bribery, etc., 

disqualify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisione re- 
specting write. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 69. 

2 Mass. 534. 

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



Benefit of 
habeas cof^pns 
secured, except, 
etc. 



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

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

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

III. In all cases where sums of 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 requu'e. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 33 

Vnr. The onactinc: style, in making and i^ssing all JtJ^e^"'^""* 
act-^, ^^tatutos, and laws, shall be — " Bo 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 
danger arise to the commonwealth from a change of the ment continued 
form of government, all officers, civil and military, hold- ""'"' ®'*^' 
ing commissions luider the government and people of 
Massachusetts Bar in New Enorland, and all other officers 

of the said government and people, at the time this con- 
stitution shall take etfect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjo\Tnent and 
exercise of all their trusts, employments and authority ; 
until the geileral court, 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 elFectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- 8titutk)nr°° 
tions which b}' any means may be made therein, as well p^Jvi^onafto 
as to form such alterations as from experience shall be t™®°^^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 precepts to the selectmen of the several 

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

And if it shall appear, by the returns made, that two- provision for 
thirds of the qualified voters throughout the state, who smuuon!^''"' 
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 leo^islature are bv this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



pres^'^^ngand ^I- This forin of govemment shall be enrolled on 

constiultion^^^ parchment, and deposited in the secretary's office, and be 

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

shall be prefixed to the book containing the laws of this 

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



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



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



Proviso. 

112 Mass. 200. 



Qualificationsof 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
gee amend- 
ments. Arts. 
XXX., XXXII. 
and XL. 
11 Pick. 538, 540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591, 594. 



ARTICLES OF AMENDMENT. 

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

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem neces.sary 
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 oificers under the constitution, and the 
manner of returnino; the votes given at such meetino's. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made 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 which 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, 
by himself, or his parent, master, or guardian, any state 



COMMONWEALTH OF MASSACHUSETTS. 35 

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

'^ ,...,. 1111 ''124 Ma88. 596. 

town or district ot this comnionwealtli ; and also every For educational 
citizen who shall be, by law, exempted from taxation, Beearae''nd^°' 
and who shall be, in all other respects, qualified as above vorproVili^' 
mentioned,] shall have a right to vote in such election of hive ger°4d^n ° 
governor, lieutenant-ijovernor, senators, and reprcsenta- the army or 

t> ' o 111 '11 • nav^' in t'™e 

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

, , . amendmentB, 

such election. ArtB.xxviii. 

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

Art. IV. Notaries public shall be ai^pointed l)y the Notaries public, 

,, • T • 1 !«• how appointed 

governor in the same manner as judicial otncers are ap- and removed, 
pointed, and shall hold their oHices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the ^®entr*\rt 
legislatiu'c. xxxvii. " 

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

^ 1^11111 /^ !• offices of secre- 

mon wealth shall become vacant ii'om any cause, during tary and treas. 
the recess of the general court, the governor, with the tws ciaue^e^^**" 
advice and consent of the council, shall nominate and |m''e*l[dment8^^ 
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 coiu-t.] 

^^^le never the exigencies of the commonwealth shall ge°n™mi^mJJ'be 
require the appointment of a commissary-general, he shall *PPg°'gt|*^' ^'^ 
be nominated, appointed, and commissioned, in such man- 
ner as the legislatm'c may, by law, prescribe. 

All officers commissioned to command in the militia Miiitia officers, 

, T /. rr> ' 1 ,11' how removed. 

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

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



Art. YI. Instead of the oath of allegiance prescribed ^y'Jii^o 



be taken 
fflcers. 



bv the constitution, the followin<r oath shall be taken and ,^?® S^on^*.- , 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

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



36 CONSTITUTION OF THE 

Qu°akers may Providecl, That wheii any person shall be of the denomi- 

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

he shall make his affirmation in the foreo-oino: form, omit- 
ting the word ' ' swear " and inserting, instead thereof, the 
word " affirm," and omitting the words " So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the |>ains and penalties of perjury." 
Tests abolished. Art. VII. No oatli, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify' them to perform the duties of their respective offices. 
o?oS"^""^ Art. VIII. No judge of any court of this common- 
122 Mass. 445, wealth, (exccpt the court of sessions,) and no person 
123 Mass. 525. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governOr, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriff, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by 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. 
^smluion?*^ Art. IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



com:\io\avi:altii of Massachusetts. 37 

amomlnioiit or aiiUMulmont.s to the people ; and if they 
shall be approved and ratitied 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 confe;titution of this commonwealth. 

AuT. X. The political year shall begin on the first commencement 
AVednesday of January, instead of the last Wednesday of year, 
j\Iay ; and the general court shall assemble every j^ear on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all tlic 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 ijeneral court shall be andterminB- 

./ J ^ ^ ^ tlOD. 

dissolved on the da}'^ next preceding the first Wednesday 
of Januar}', 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 Avhen called togetlier by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

TThe meetino; for the choice of o-overnor, lieutenant- Meetings for the 

L o _ o 111 choice of gov- 

governor, senators, and representatives, shall be held on emor, iieuten- 
the second Monday of November in every year; but etc., when to' be 
meetings may be adjourned, if necessary, for the choice Thiscianse 
of representatives, to the next day, and again to the next am^en'dmemJ'/ 
succeeding day, but no further. But in case a second ^rt.xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth ^Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other ofBcers or persons whatever, that 
have reference to the last Wednesday of ]\Iay, as the com- 
mencement of the jx)litical year, shall be so far altered, as 
to have like reference to the first AVednesday of January. 

This article shall go into operation on the first day of ^"^o^nC^^" 
October, next following the day when the same shall be operauon. 
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, Avhen 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. 



122 Mass. 40,41. 



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



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

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

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

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

Art. Xn. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, townj and district of the commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of our Lord 
one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 



COMMONWEALTH OF MASSACHUSETTS. 39 

bio polls ;it the lust })reooding decennial census of polls, 
nmy elect one representative, and for every four hundred 
and fifty ratable polls in addition to the first thi-eo hun- 
dred, one representative more. 

Any town havinix less than three hundred ratable polls Towns having 
shall be roprest'nted thus : The whole number of ratable ratabieVue, 
polls, at the last preceding decennial census of polls, shall geilted?'^^' 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

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

Any two or more of the several towns and districts Towns may 
may, by consent of a majority of the legal voters present sentative dis- 
at a legal meeting, in each of said towns and districts, *"°*^' 
respectively, called for that purpose, and held previous to 
the first day of July, in the 3'ear 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 representiitive, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same nmnber of ratable polls. 

The governor and council shall ascertain and determine, Thepovernor 
within the months of July and August, in the year of our determlne'the 
Lord one thousand eight hundred and thu'ty-seven, accord- ree^ntotivlrto' 
ing to the foregoing principles, the number of representa- town^is^entitied. 
tives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
to"wn, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many 3'ears Avithin the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion- 

,1 fi 1 J^ 1 '^ 1 ^1 meut to be made 

years, thereaiter, by the governor and council, and the once in every 
number of ratable polls in each decennial census of polls, *®"y®"^- 
shall determine the number of represejitatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 
p^o^Aont'** -^^1 ^^^^ provisions of the existing constitution incon- 

annuiied. sisteut with the provisions herein contained, are hereby 

wholly annulled.] 
Sbuantf to i)e Art. XIII. [A ccusus of the inhabitants of each city 
^d^diMnntaiiy ^^^^ towu, On the first day of May, shall be taken, and 
thereafter, for returned iuto the secretary's office, on or l)efore the last 

l)3>sis of rcprc- 

eeutation. day of Juuc, of the year one thousand eight hundred and 

ceM^is^Buprr- forty, and of every tenth year thereafter ; which census 

mentil'i.rt^!"^" sliall determine the apportionment of senators and repre- 

XXI. and XXII. scutatives for the term of ten years. 122 Mass. 595. 

^rlofs^deciared The scvcral Senatorial districts now existing shall be 

Iro^ti'ons'as to permanent. The senate shall consist of forty members; 

senators super- and in the year one thousand eis-ht hundred and forty, 

ments, Art. and cvcry tenth year thereafter, the governor and council 

shall assign the number of senators to be chosen in each 

district, according to the number of inhabitants in the 

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

assigned to each district. 

Sn?ft1ve8*^tK)w' The members of the house of representatives shall be 

apportioned, apportioned in the following manner : Every town or city 

Provisions asto^^., , it-ii- i 

representatives containing twclvo hundred inhabitants may elect one rep- 
am^elTdLe^nts,^ rcsentativc ; and two thousand four hundred inhabitants 
Art. XXI. shall be the mean increasing number, which shall entitle 

it to an additional representative. 
w^repre"^' Evcry towu Containing less than twelve hundred inhab- 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 41 

such district shall have all tlic rights, in regard to repre- 
sentation, which Avould belong to a town containins: the 
same number ot inhabitants. 

The number of inhabitants which shall entitle a town BaniBof 
to elect one representative, and the mean increasing num- l^ndTatiTof°'^ 
ber Avhich shall entitle a town or city to elect more than ^'^'^^'"'®- 
one, and also the number by which the population of towns 
not entitled to a representative every 3'ear is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census, the governor and Jn^d Sc"°to 
council shall, before the first day of September, apportion number**"/^'^ 
the number of representatives which each city, town, and repres^entatives 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a **°^'^''"- 
representative, which is not entitled to elect one every 
3'ear ; and the governor shall cause the same to be pub- 
lished forthAvith. 

Nine councillors shall be annually chosen fi'om among counciuore to 
the people at large, on the first Wednesday of January, ?he*^peopkiT™ 
or as soon thereafter as may be, by the joint ballot of the rrovUionB as tc 
senators and representatives, assembled in one room, who gu^er^ededb 
shall, as soon as may be, in like manner, fill up any vacan- ameDdmente, 
cies that may happen in the council, by death, resignation, 
or otherwise. Xo person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the °^ <=°'^<=i^^'^'^^' 
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.] 

Xo possession of a freehold, or of any other estate, shall Juaimcauon'for 
be re((uired as a qualification for holdinir a seat in either a seat in general 

■,,/., T .,~. ., court or couucii 

branch ot the generni court, or in the executive council, not required. 

Art. XIV. In all elections of civil officers by the Elections by the 
people of this commonwealth, whose election is provided pi^u^imy 0/ ^' 
for by the constitution, the person having the highest num- "^^^^'^ 
ber of votes shall be deemed and declared to be elected. 

Art. XV. The meetin£r for the choice of ffovernor. Time of annual 

•,., , , ^ J ij.' Ill election of ctot- 

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



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
woSosen ^^T- XVI. Eight councillors shall be annually chosen 
ii'2'ua.fs°59t ^y *^® inhabitants of this commonwealth, qualified to vote 
598. ' ' for governor. The election of councillors shall be deter- 
mined by the same rule that is requu-ed in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
Legislature to thereaftcrwards, shall divide tlie commonwealth into eisrht 

district state. . . ^ . ® 

districts of contiguous territory, each containing a number 
of inhabitants as nearl}^ equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided, however, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legis- 
di^ed.^*^ 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- 
^eTof'dectfon 1^1^)11 • The da}^ and manner of the election, the return of 
etc. the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor. 
^^acancies, how [-"VYiienever there shall be a failure to elect the full num- 
Fornewpro- |^gj. ^f councillors, the vacancies shall be filled in the same 

vision as to ^ '^ 

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

Art. XXV. ' and vacancies occasioned by death, removal from the state, 

or otherwise, shall be filled in like manner, as soon as may 

Organization of i^g after such vacaucics shall have happened. 1 And that 

the government. ' i i • i • • /» i 

there may be no delay in the organization oi the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the 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 
AYednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 



COMMOXAVEALTH 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- 
uiv shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the* choice of such officers. 

AuT. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen mer! audiJ?*'' 
annually, on the day in November prescribed for the ge,\'e"arby7iie 
choice of governor ; and each person then chosen as such, veovie. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesda}^ 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 7,?*'^°'®^' ^°^ 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from an}^ cause, during an annual or special sessioa 
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 ap})ointment, 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 aherwise o^e 
after he could otherwise enter upon his duties, to qualify vacantf^'^^'' 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabi- ^*'^^ * 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pUedTfor R^cta. 
all moneys which may be a})})ropriated by the state for por'orig^nit 
the support of common schools, shall be applied to, and proviaion as to 



44 



CONSTITUTION OF THE 



BchoolB, see 

coDBtitution, 

Part First, Art. 

III. 

12 Allen, 500, 

508. 

103 MaBB. 94, 96. 



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



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

Cenetis of legal 
voters and of 
inhabitants, 
when taken, 
etc. See 
P. 8. c. 31. 



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



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

Art. XIX. The legislature shall prescribe, by general 
law, for the election of 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. 

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

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

Art. XXI. A census of the legal voters of each city 
and town, on the first day of INIay, 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 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

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



COMMOXAVEALTH OF MASSACHUSETTS. 45 

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

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

and it shall be the duty of the secretary of the common- secretary Bhaii 

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

"by the legislature, the number of representatives to which counties^ 

■each county shall be entitled, to the board authorized to 

divide each county into representative district^j. The 

mayor and aldermen of the city of Boston, the county 

conmiissioners of other counties than Sutfolk, — or in lieu 

of the mayor and aldermen of the cit}' of Boston, or of the 

county commissioners in each county other than Sutfolk, 

such board of special commissioners in each county, to 

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

therein, as may for that pm-pose be provided by law, — 

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

,,. J. J.' J. u i iii. division to be 

xissignment oi representatives^ to each county, assemble at first Tuesday 
£i shire town of their respective counties, and proceed, as Pr^^d^ga. 
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 A'oters 
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 QuaUficationaof 
his election, shall have been an inhabitant of the district i22iiat"!*595r 
for which he is chosen, and shall cease to represent such ^®^" 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- described and 
tion of each, with the numbers thereof and the number '=®'^^'^- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county ti'easurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in their respective offices. 
The manner of callinij and conducting the meetings for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Not less than one Quorum, sea 
hundred members of the house of representatives shall Art^.^xxxm. 
constitut<3 a quorum for doing business ; but a less num- 
ber may organize temporarily, adjoiu-n from day to day, 
and compel the attendance of absent members.] 

Aet. XXII. A census of the legal voters of each city Census etc. 
:and town, on the first day of May, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor 
tionment of 
eenators. 



Senate to con 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art, 
XXIV. 



Qualifications 
of senators. 



returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enu- 
mei*ation shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the 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^ however, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn fi'om 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 
to entitle to suf- liavc rcsidcd within the jurisdiction of the United States 
eif|ibkft™office. for two years subsequent to his naturalization, and shall 
Jn'^nuUedby " ^6 otherwisc qualified, according to the constitution and 
Art. XXVI. laws of this commonwealth: provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
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. 



Quorum, see 
amendments, 
Art. XXXIII, 



Residence of 
two years re- 
quired of natu 



Vacancies in the 
senate. 



C0M:M0NWEALTII of jNIASSACHUSETTS. 47 

Art. XXV. In ca.«se of a vacancy in the council, from vncancicBintiie 
a failure of election, or other cause, the senate and house 
of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to till 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. XX\'I. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit: " No person of foreign birth a'»^^«'^- 
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 natm-alization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : 2}i'ovi'ded, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom,"' is hereby wholly 
annulled. 

Art. XXVII. So much of article two of chapter six Provisions of 
of the constitution of this commonwealth as relates to per- vi.,'reiating?o 
sons holding the office of president, professor, or insti'uctor v.^dTonl^t'^ 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. Xo person having served in the army superseded by 
or navy of the United States in time of war, and having ' "' 
been ho norabl}'^ 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 \)o\\ tax. 

Art. XXIX. The general court shall have full power voting pre- 

^D *■ ciDCtti ill towns 

and authority to provide for the inhabitants of the towns 
in this cominonAvealth 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 ?"a1on^of ^ 
representatives, shall, by reason of a change of residence dencf untir^'i 
within the commonwealth, be dLsqualified from voting for "°e^o/rlmo*vai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVIII. 
amended. 



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



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



Quorum, in each 
branch of the 
general 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 six calendar months 
from the time of such removal. 

Art. XXXI. Article twenty-eight of the amendments 
of the constitution is hereby amended by striking out in 
the fourth line thereof tlie words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of tlie 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-pa}Tiient of a poll tax. 

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

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

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following words : 
"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 retiu*ning home, 
once in every session, and no more, shall be paid by the 
government, out of the public ti'easury, 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 Mithout leave ", 
is hereby annulled. 

Art. XXXVI. So niueh of artiele nineteen of the Amcminicnts, 
articles of amendment to the constitution of the connnon- amended.'' 
"Wealth as is contained in the following words : " commis- 
sioners of insolvency ", is hereby annulled. 

Art. XXX Vn. The governor, with the consent of Jemln officers 
the council, may remove justices of the peace and notaries 
l)ublic. 

Art. XXXVJH. Voting machines or other mechanical ^'o""? 

... ~ niacnmes may 

devices tor votms; may be used at all elections under such i>euBt'dat 

*■- */ elections 

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

Art. XXXIX. Article ten of part one of the consti- powers of the 

-, T. . " lefTislitture 

tution IS herebv amended by adding to it the followinir '■^''"^^^'^^othe 

J rr\ 1 • ^ . 1 ' ^ u^ J? .1 taking of land, 

words : — ihe legislature may by special acts tor the pur- etc., for 
pose of laying out, widening or relocating highwa3^s or reiocaun^g""" 
streets, authorize the taking in fee by the commonwealth, ^^s^^^^'^J'*' ^tc. 
or by a county, city or town, of more land and property 
than are needed for the actual construction of such hisfh- 
wa}' or street : provided, however, that the land and prop- Proviso. 
erty authorized to be taken are specified in the act and 
are no more in extent than would be sufBcient for suit- 
able building lots on both sides of such highway or street, 
and after so much of the land or property has been ap- 
propriated for such highway or street as is needed there- 
for, may authorize the sale of the remainder for value 
with or without suitable restrictions. 

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

Art. XLI. 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. XLIL Full power and authorit}^ 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 pai't 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 ree;ular state election next ensuing after such refer- 



COXSTITUTION OF THE 



Powers of the 
legislature 
relative to the 
taking of land, 
etc., to relieve 
congestion of 
population 
and to provide 
homes for 
citizens. 
Proviso. 

Powers of the 
legislature 
relative to 
imposing and 
levying a tax 
on income; 
exemptions, 
etc. 



ence, shall become law if approved by a majority of the 
voters voting thereon, and shall take effect 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. 

Art. XLIII. The general court shall have power to 
authorize the commonwealth to take land and to hold, 
improve, sub-divide, build upon and sell the same, for the 
purpose of relieving congestion of population and providing 
homes for citizens: yromded, however, that this amendment 
shall not be deemed to authorize the sale of such land or 
buildings at less than the cost thereof. 

Art. XLIV. Full power and authority are hereby given 
and granted to the general court to impose and levy a tax 
on income in the manner hereinafter provided. Such tax 
may be at different rates upon income derived from different 
classes of property, but shall be levied at a uniform rate 
throughout the commonwealth upon incomes derived from 
the same class of property. The general court may tax 
income not derived from property at a lower rate than income 
derived from property, and may grant reasonable exemptions 
and abatements. Any class of property the income from 
which is taxed under the provisions of this article may be 
exempted from the imposition and levying of proportional 
and reasonable assessments, rates and taxes as at present 
authorized by the constitution. This article shall not be 
construed to limit the power of the general court to impose 
and levy reasonable duties and excises. 



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



C0:^1M0XWEALTH OF MASSACHUSETTS. 51 

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, 1S20, 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 
poUtical j-ears 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 legislatures of the 
pohtical years 1839 and 1840, respectively, and was approved 
and ratified by the people the sixth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, 
and nineteenth Articles were adopted by the legislatures of the 
poUtical 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 political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 
1857. 

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

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

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



52 CONSTITUTION OF THE 

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

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

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

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

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

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

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 53 

The forty 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 
pohtical years 1912 and 1913, and was approved and ratified by 
the people on the fourth day of November, 1913. 

The forty-third and forty-fourth Articles were adopted by the 
legislatures of the political years 1914 and 1915, and were ap- ' 
proved and ratified by the people on the second day of Novem- 
ber, 1915. 

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

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state oflftcers, and (2) EstabUshing biennial elections 
of members of the General Court, adopted by the legislatures of the 
pohtical 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 eligible to 
appointment as Notaries Public, adopted by the legislatures of the 
pohtical years 1912 and 1913, was rejected by the people on the 
fourth day of November, 1913.] 

[A proposed Article of Amendment enabling Women to vote, 
adopted by the legislatures of the pohtical years 1914 and 1915, 
was rejected by the people on the second day of November, 1915.] 



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. 



Page 
50 
49 



Abatements, exemptions, etc., from tax on income, may be granted 
by general court, . ...... 

Acts and resolves of the general court, provision for submission of, 
to the people on referendum, ...... 

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 

[57] 



58 INDEX TO THE CONSTITUTION. 

Page 
Attorney-general, 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 

vacancy occurring during session of the legislature, 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 ons 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 eligible, unless an inhabitant of the state for five years 

next preceding election, . . . . . •. 43 

office to be deemed vacant if person elected or appointed fails 

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

B. 

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

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

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

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

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

if not returned by governor 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 poHtic, formation and nature of, ..... 3 

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



INDEX TO THE CONSTITUTION. 59 

c. 

Page 
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 

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

Citizens, homes for, general court empowered to take land for re- 
lieving congestion of population and providing, . . 50 
Civil officers, meeting for election to be held annually on the Tues- 
day next after the first Monday in November, . . 41 
whose election is provided for by the constitution to be 

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

Clerks of courts, elected by the people of the several 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 

Congestion of population, etc., general court empowered to au- 
thorize the taking of land for relieving, .... 50 

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 efTect, it 
shall be submitted to the people, and, if approved bj' 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 disquaUfied by reason of, ..... 49 



60 



INDEX TO THE COXSTITUTIOX, 



Corruption or bribery used in procuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc., 
Council, five members to constitute a quorum, 
eight councillors to be elected annually, 
election to be determined by rule required in that of gov- 
ernor, .......... 

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

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

register of council may be called for by either house, 
to exercise the power of governor when office of governor 
and lieutenant governor is vacant, 
Council, no property quahfication 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 fixed 
by standing laws, and to hold office during good be- 
havior, ......... 

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

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

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

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

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



Page 

32 

24 

24, 42 

42 

29 
25 

25 
25 

25 
41 

42 

42 
37 



47 
36 



9, 23 
36 



26 
44 
26 
44 
11 
11 
7 
7 



D. 

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

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

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

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

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



INDEX TO THE CONSTITUTION. 



Gl 



District attorneys, elected by the people of the several districts, 

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

Districts, senatorial, forty, to be of adjacent territory, and to con- 
tain as near as may be an equal number of voters, . 

Districts, representative, to be established by commissioners in the 
several counties, ........ 

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

Duties and excises, power of general court to impose and levy 
reasonable, not to be limited, etc., ..... 

E. 

Educational interests to be cherished, ..... 

Election, state, referendum on acts and resolves of the general 
court at, ........ . 

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

Election returns, ..... 

Elections ought to be free, .... 

Elections, by the people, of civil officers provided for by the consti- 
tution, to be by plurality of votes, . 
voting machines may be used at, . 

Enacting style of laws, estabUshed, 

Equality and natural rights of all men. 

Estates, valuation to be taken anew once at least every ten years, . 

Excises and duties, power of general court to impose and levy 
reasonable, not to be limited, etc., 

Executive department, not to exercise legislative or judicial powers. 

Exemptions, etc., from tax on income may be granted by general 
court, .......... 

Ex post facto laws, declared unjust and oppressive, 



Page 
44 

42 

46 

39,45 
27 

50 



29 

49 

41 

41,42 
13,42 



41 

49 

33 

4 

12 

50 
9 

50 
9 



F. 

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

Fines, excessive, not to be imposed. 

Forest lands, taxation of, . 

Frame of government, .... 

Freedom of speech and debate in the legislature. 

Freehold, possession of, not required as qualification for seat in the 
general court or council, ...... 

possession of, by governor, provision requiring, annulled, 

Fundamental principles of the constitution, a frequent recurrence 
to, recommended, ....... 



9 

9 

49 

10 



41 

48 



62 INDEX TO THE CONSTITUTION. 

G. 

Page 

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

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

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

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

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

repugnant to the constitution, . . .11 

may provide for the election or appointment of officers, and 

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

may impose taxes, etc., to be used for the public service, 12, 49, 50 
to be dissolved on the day next preceding the first Wednes- 
day of January, . . . . . . 20, 37 

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

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

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

judicial officers may be removed upon address of, . . . 26 

person convicted of bribery, not to hold seat in, . . . 32 

may increase property qualifications of persons to be elected 

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

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

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

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

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

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

to determine election of governor, lieutenant governor and 

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

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

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

relocating highways or streets, ..... 49 

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

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

powers of, relative to the taking of land, etc., to relieve con- 
gestion of population and to provide homes for citizens, 50 



INDEX TO THE CONSTITUTION. 



63 



Page 
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 

obUge them to go out of the hmits 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 heutenant 

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

vacancy in office of governor and lieutenant governor, powers 

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

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

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

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 



64 INDEX TO THE CONSTITUTION. 



H. 



Page 



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 

Homes for citizens, general court given power to take land for re- 
lieving congestion of population and providing, . 50 
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 

quahfications of members, . . . . . . 17, 41, 45 

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

members not to be arrested on mesne process during going 

to, return from, or attending the general assem,bly, . . 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 
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 



INDEX TO THE CONSTITUTION. 65 

Page 
House of representatives, to consist of two hundred and forty mem- 
bers, apportioned to the several counties equally, accord- 
ing to relative number 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 hable to 
indictment, . . . . . . 15, 16 

Income, tax on, general court may impqpe and levy, etc., . . 50 
Incompatible offices, . . . . . . . . . 31, 36 

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

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

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

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

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

J. 

Judges of courts may not hold certain other offices, . . .31, 36 

Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 
standing laws, . . . . . . . 9, 23, 26 

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

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

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

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

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 



66 INDEX TO THE CONSTITUTION. 



L. 

Land, etc., taking of, for widening or relocating highways, etc., . 49 
for relieving congestion of population and providing homes for 

citizens, ......... 50 

Law-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 
of the legislature, ........ 9 

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

property, ......... 6 

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

ex post facto, prohibited as unjust and inconsistent with free 

government, ........ 9 

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

Legislative power, . . . . . . . 9, 49 

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

Legislature (see General Court). 

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

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

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

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

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

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

M. 

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

Magistrates and courts, not to demand excessive bail, impose ex- 
cessive fines, or inflict 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 

Martial law, only those employed in the army and navy, and the 
mihtia in actual service, subject to, except by authority 
of legislature, ........ 9 

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

Mihtia, not to be obhged by commander-in-chief to march out of 

the hmits of the state, . . . . . . .21 

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

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



INDEX TO THE CONSTITUTION. 



67 



Militia, 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 stafT 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 apphed for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates. 
Moral qualifications for office, ...... 



21 
21 

21 
21 

22 

22,35 

22 

22 

22 

32 
17 

43 

8 
8 



N. 

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

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



o. 

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

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



Quakers may affirm, ....... 

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

Offences and crimes, prosecutions for, regulated, . 

Office of trust, person convicted of briberj% etc., not to hold, . 

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

all persons having the prescribed qualifications equally eh' 
gible to, ....... . 

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

of, 

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

Officers, judicial, to bold office during good behavior, except, etc., 
may be removed by governor, with consent of council, upon 
the address of both houses of the legislature, . 



30,36 

35 

3,6 

7 

32 

6 



44 
11 

26 

26 

26 



68 



INDEX TO THE CONSTITUTION. 



Page 
OflBcers of former government, continued, ..... 33 

Officers of the militia, election and appointment of, . . . 21 
removal of, ......... 22, 35 

Officers and magistrates, accountable to the people, ... 5 

Offices, plurality of, prohibited to governor, lieutenant governor 

and judges, . . . . . . . . 31, 36 

incompatible, ........ 31, 32, 36 

Organization of the militia, ....... 22 



P. 

Pardon of ofifences, governor with advice of council may grant, but 
not before conviction, ....... 

People, to have the sole right to govern themselves as a free, sover- 
eign and independent state, ..... 
have a right to keep and to bear arms for the public defence 
have a right to assemble to consult upon the common good, to 
instruct their representatives, and to petition legislature. 

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

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

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

PluraUty of offices, ...;.... 
of votes, election of civil officers by, .... 

Political year, begins on the first Wednesday of January, 

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

Population, congestion of, etc., general court empowered to au' 
thorize the taking of land for relieving, . 

Preamble to constitution, ....... 

Press, Uberty of, essential to the security of freedom, 

Private property taken for public uses, compensation to be made 
for, ......... 

Probate courts, provisions for holding, .... 

registers, elected by the people of the several counties, 
judges may not hold certain other offices, 

Property, income derived from various classes of, rates upon, how 
levied, ........ 

Property qualification, may be increased by the legislature, . 
partially abolished, ....... 

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

Prosecutions for crimes and ofifences regulated. 

Provincial laws, not repugnant to the constitution, continued 
force, ......... 

Public boards and certain officers to make quarterly reports to the 
governor, ........ 

Public notary (see Notary public). 



21 



14 
31 
41 
37 

38 

50 
3 
8 



26 

21,44 

36 

50 
32 
41 

48 
7 



32 



22 



INDEX TO THE CONSTITUTION. 69 

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

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

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

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

Q. 

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

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

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

Qualification, property, of governor, abolished, .... 48 

Qualification, property, partially abohshed, ..... 41 

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

of governor, 

of lieutenant governor, 

of councillors, 

of senators, 

of representatives, 

of secretary, treasurer, auditor, and attorney-general. 
Qualifications, moral, of officers and magistrates, . 
Quartermasters, appointed by commanding officers of regiments. 
Quorum, of council, ........ 

of senate, ......... 

of house of representatives, ...... 

R. 

Ratable polls, census of, . . . 

Rates, tax, upon income, how levied, .... 

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, ..... 

Registers of probate, chosen by the people of the several counties, . 

Religious denominations, equal protection secured to all, 

ReUgious sect or denomination, no subordination of one to another 
to be estabUshed by law, ....... 

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

ReUgious worship, public, right and duty of, and protection therein, 
support of the ministry, and erection and repair of houses of 
worship, ......... 4, 

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



18, 


43, 


48 


23, 


43, 


48 




41, 


43 


15, 


40, 


46 


16, 


41, 


45 

43 

8 

22 


19, 


24, 


42 


16, 


46, 


48 


17, 


45 


48 

38 
50 





25 


21 


44 


5 


38 


5, 


38 


5, 


38 




38 




4 


,5, 


38 




6 



70 INDEX TO THE CONSTITUTION. 



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

Returns of votes, 13, 19, 42, 43 

Revision of constitution provided for in the year 1795, ... 33 
Rights, declaration of, ....... . 4 

s. 

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

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

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

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

Sale of land or buildings to provide homes for citizens, etc., . . 50 

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

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

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

in November, . . . . . . 25, 43 

to hold office for one year from third Wednesday in January 

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

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

vacancy occurring during session of the legislature, filled by 

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be 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, 45 

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

Selectmen, to preside at town meetings, elections, etc., . . 13 



INDEX TO THE CONSTITUTION. 71 

Page 
Self-government, right of, asserted, ...... 5 

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

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

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, ... 14 

to be final judges of elections, returns and qualifications of 

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

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

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

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

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

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

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

quorum of, 16, 46, 48 

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

may require the opinions of the justices of the supreme judicial 
court upon important questions of law, and upon solemn 
occasions, ......... 23 

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 liberty 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 poUtic, 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 ofiices, . . . . . . 31, 36 

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



12 

26 
36 
10 
18 
23 
13 
13 



72 INDEX TO THE CONSTITUTION. 

T. 

Page 
Tax on income, general court may impose and levy, ... 50 
Taxation should be founded on consent, . . . . . 6, 8 

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

representatives, ........ 8 

may be imposed by the legislature, . . . -12, 49, 50 

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

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

shall be expressed in their commissions, . 
Tests abolished, ........ 

Title of body politic, — The Commonwealth of Massachusetts, 
Title of governor to be, — His Excellency, .... 

Title of lieutenant governor to be, — His Honor, . 

Town clerk, to make record and return of elections. 

Town meetings, selectmen to preside at, ... . 

TowTi 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 

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

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

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

to hold office for one year from third Wednesday in January 

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

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

next preceding election or appointment, .... 43 

no man 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 legislature 
from the two persons having the highest number of votes 
at November election, ....... 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

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

Treasury, no moneys to be issued from, but upon the warrant of 
governor, except, etc., ....... 

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

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



oo 



INDEX TO THE CONSTITUTION. 73 



U. 

Page 

Uniform rate of tax, on incomes derived from same class of property, 

to be levied throughout the commonwealth, etc., . 50 

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

V. 

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

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

Vacancy in offices of governor and lieutenant governor, powers 

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

Vacancy in the council, to be filled by the election of a resident of 
the district by , concurrent vote of the senate and house; 
if legislature is not in session, to be filled by governor 
with advice of the council, . . . . . . 42, 47 

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

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

Vacancy in office of secretary, treasurer, auditor and attorney- 
general, caused by decease of person elected, or failure to 
elect, filled by joint ballot of legislature from the two persons 
having highest number of votes at November election, . 43 
occurring during session of legislature, filled by joint ballot 

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

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

governor, by appointment, with advice of council, . . 35, 43 

Vacancy in mihtia 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 



74 INDEX TO THE CONSTITUTION. 

Page 

Votes, returns of, 13, 19 42, 43 

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

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

w. 

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 qualifications for voting, or hold- 
ing office, ......... 44 

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

Y. 

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



GENERAL ACTS 



MASSACHUSETTS. 



1916 



I^" The General Court of the year nineteen hundred and sixteen assembled 
on Wednesday, the fifth day of January. The oaths of office were taken and 
subscribed by His Excellency Samuel W, McCall and His Honor Calvin 
CooLiDGE, on Thursday, the sixth day of January, in the presence of the two 
Houses assembled in convention. 



GENERAL ACTS. 



An Act relative to the second corps of cadets and Chav 1 

TO THE field ARTILLERY OF THE MILITIA. 

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

Section 1. Chapter six hundred and four of the acts of i^^- ^^i § ^^' 

1 • 111 I'l'ii 111 amended. 

the year nineteen hundred and eight is hereby amended by 
striking out section nineteen and inserting in place thereof 
the following: — Section 19. To the first corps of cadets First corps of 
there shall be one lieutenant colonel, one major, and a staff equipmentr"' 
as provided for a battalion «of infantry; and there shall be ^^'^' 
such number of line officers, not exceeding four captains, 
four first lieutenants and four second lieutenants, and of 
non-commissioned staff' officers and non-commissioned 
officers, musicians and privates, as the commander-in-chief 
shall deem expedient. The first corps of cadets shall be 
instructed, armed and equipped as the commander-in-chief 
shall direct, and shall receive the same compensation and 
allowances as a separate battalion of infantry. It shall 
remain unattached, subject only to the orders of the com- 
mander-in-chief, except as provided in section one hundred 
and forty-two. 

The second corps of cadets shall be organized and equipped Second corps 
as a battalion of field artillery with a commanding officer jzed as battai- 
of the rank of major and battalion staff and three batteries artillery. 
of field artillery, and with the present first battalion of field 
artillery shall be attached to a regiment of field artillery. 
The second corps of cadets shall retain its name; it shall 
retain the right to elect its major and its line officers as 
provided by law for a corps of cadets; it shall retain the 
right to own and wear in place of such full dress uniform as 
may be prescribed by orders or regulations for the militia 
a full dress uniform of special design such as may be by it 
adopted and approved by the commander-in-chief. The 



4 General Acts, 1916. — Chaps. 2, 3. 

headquarters and several batteries of the second corps of 
cadets shall receive the pay and allowances prescribed by 
law to be paid to battalion headquarters and to batteries 
of field artillery or to the respective commanding officers 
thereof. The battery commanders shall act as recruiting 
and mustering officers for their respective batteries and 
shall be accountable for the property thereof, 
fclfcmefy Section 2. The commander-in-chief is hereby author- 
ised ^^ °'^^'*°" ^^^^ ^'^^ empowered to organize a regiment of field artillery 
consisting of regimental headquarters, the present first bat- 
talion of field artillery and the second corps of cadets: pro- 
Proviso. vided, however, that the present first battalion shall elect its 

major by vote of the line officers of the battalion. 
Repeal. Section 3. All acts or parts of acts inconsistent here- 

with are hereby repealed. 

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

AiJproved February 3, 1916. 



Chap. 2 An Act restricting increases in salary of certain 

STATE employees. 

Be it enacted, etc., as follows: 

saia/yofcCT- SECTION 1. Without the consent and approval of the 
tain state em- govemor and council it shall be unlawful for any head of a 
restricted. department or other officer of the commonwealth to increase 
the salary of any employee under his direction who is re- 
ceiving an annual salary of one thousand dollars or more, 
notwithstanding any act heretofore passed authorizing such 
an increase. 
Section 2. This act shall take effect upon its passage. 

Approved February 7, 1916. 

Chap, 3 An Act relative to the discharge of prisoners com- 
mitted FOR non-payment OF FINES. 

Be it enacted, etc., as follows: 

^^nde^d' ^ *^*' Chapter two hundred and twenty-five of the Revised 
Laws is hereby amended by striking out section one hundred 
and twenty-four and inserting in place thereof the follow- 
Certain credits jngi — Sectiofi 12 Jf.. A prisoucr who has been confined in a 
assist discharge prison or placc of Confinement for non-payment of a fine or 
committed for a fine and expenses, shall be given a credit of fifty cents 
of'fiilSf'"^"* on such fine or fine and expenses for each day during which 



General Acts, 1916. — Chap. 4. 5 

he shall be so confined, and shall be discharged at such 
time as the said credits, or such credits as have been given 
and money paid in addition thereto, shall equal the amount 
of the fine or the fine and expenses; and in such case no 
further action shall be taken to enforce payment of said 
fine or fine and expenses. Amoroved February 18, 1916. 

An Act to permit the graduates of certain schools to Chap. 4 

ORGANIZE FRATERNAL BENEFIT SOCIETIES WITHOUT THE 
LODGE SYSTEM. 

Be it enacted, etc., as follows: 

Clause b of section twelve of chapter six hundred and i?ii' 628, § 12. 

.,„, „■■ . 1111 ^*''^' amended. 

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 and by chapter thirty-nine of the General Acts of 
the year nineteen hundred and fifteen, is hereby further 
amended by inserting after the word "denomination", in 
the third line, the words: — or to the graduates of a desig- 
nated professional or vocational school, — so that said 
clause will read as follows: — b. In case the corporation Graduates of 
limits its membership to the members of a particular fraternal may organize 

1 p. .. Pi'j T • 1 • J.' f ratornal bene- 

benenciary corporation, iratermty or religious denomination, fit societies 
or to the graduates of a designated professional or vocational Jyltem. ^"'^^^ 
school, or to the employees or ex-employees 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 repre- 
sentative form of government as defined in sections two and 
three of this act. Aiii^roved February 18, 1916. 



General Acts, 1916. — Chaps. 5, 6. 



Chap. 5 An Act relative to the investments of domestic 

INSURANCE COMPANIES IN MORTGAGE LOANS. 

Be it enacted, etc., as follows: 
1910, 375 § 2, Section two of chapter three hundred and seventv-five of 

amended. ^ , iiii .ii 

the acts or the year nineteen hundred and ten is hereby 
amended by inserting after the word "shall", in the first 
line, the words: — except in effecting the sale of real estate 
owned by it, and then only with the approval of the in- 
surance commissioner, — so as to read as follows : — ^ec- 
Mortgage loans Hqji 2. No domcstic insuraiicc company shall, except in 

by domestic rv • ^ i p i i i • i i i 

insurance com- eiTecting tlic salc OX real estate owned by it, and then only 
with the approval of the insurance commissioner, invest 
any of its funds in loans upon mortgages except upon the 
conditions expressed in sub-division 4 of section thirty- 
seven of said chapter five hundred and seventy-six, as 
amended by section one of this act, provided that the in- 
vestments of companies organized under the tenth clause of 
section thirty-two of said chapter five hundred and seventy- 
six shall be subject to no greater restrictions hereunder 
than those imposed by section sixty-four of said chapter. 

Apj^roved February 18, 1916. 



Chap. 6 



R. L. 91. §'67, 
etc., amended. 



Taking of 

pickerel 

regulated. 



An Act relative to the taking of pickerel. 

Be it enacted, etc., as follows: 

Section sixty-seven of chapter ninety-one of the Revised 
Laws, as amended by chapter three hundred and twenty- 
nine of the acts of the year nineteen hundred and four, is 
hereby further amended by striking out the words "with 
intent to sell", in the fourth line, so as to read as fol- 
lows: — Section 67. Whoever takes from the waters of this 
Commonwealth a pickerel less than ten inches in length, or 
sells or offers for sale, or has in his possession any such 
pickerel, shall forfeit one dollar for each pickerel so taken, 
held in possession, sold or offered or exposed for sale; and 
in prosecutions under the provisions of this section the 
possession of pickerel less than ten inches in length shall be 
prima facie evidence to convict. 

Approved February IS, 1916. 



General Acts, 1916. — Chaps. 7, 8. 



An Act to PRovroE a penalty for hunting birds or Chap. 7 

QUADRUPEDS WITH RIFLES, REVOLVERS OR PISTOLS DURING 
THE OPEN SEASON FOR DEER. 

Be it enacted, etc., as folloivs: 

Chapter five hundred and forty-two of the acts of the i9i3. 542, 
year nineteen hundred and thirteen is hereby amended by 
adding thereto the following new section: — Section 3. Any Pcna|ty for 
person violating any provision of this act shall be punished d^ing certain 
by a fine of not less than ten nor more than fifty dollars for ^®'*^'^'^' 
each offence. Ajyproved February 18, 1916. 

An Act to authorize certain military organizations Chap. 8 
OF students to drill and parade with firearms. 

Be it enacted, etc., as foUotvs: 

Section 1 . Chapter six hundred and four of the acts of amended.^ ^^*'' 
the year nineteen hundred and eight is hereby amended by 
striking out section one hundred and seventy and inserting 
in place thereof the following: — Section 170. No bodv of Unauthorized 

1 1 •!• " 1 p 1 TT "• 1 drilling for- 

men, except the volunteer militia, the troops of the United bidden, etc. 
States and the Ancient and Honorable Artillery Company 
of Boston, shall maintain an armory or associate together at 
any time as a company or organization, for drill or parade 
with firearms; nor so drill or parade, nor shall any city or 
town raise or appropriate money toward arming, equipping, 
uniforming, supporting, or providing drill rooms or armories 
for any such body of men: provided, that associations wholly Proviso, 
composed of soldiers honorably discharged from the service 
of the United States may parade in public with arms, upon 
the reception of any regiments or companies of soldiers 
returning from said service, and for escort duty at the 
burial of deceased soldiers, with the written permission of 
the mayor and aldermen of the city or selectmen of the town 
in which they desire to parade; that students in educational Certain stu- 
institutions where military science is a prescribed part of the driu, etc. 
course of instruction, and, also students who are enrolled in 
a military organization approved by the secretary of war 
or navy of the United States and over which an officer of the 
United States army or navy or the Massachusetts volunteer 
militia has supervision, may, with the approval of the 
governor and under such conditions as he may prescribe, 
drill and parade with firearms in public, under the superin- 
tendence of their instructors; that foreign troops who have 



8 



General Acts, 1916. — Chaps. 9, 10. 



Color guards 
of certain or- 
ganizations 
may parade, 
etc. 



been admitted into the United States with the consent of 
the United States government may, with the approval of 
the governor, drill and parade with firearms in public, and 
that any body of men may, with the approval of the gov- 
ernor, drill and parade in public with any harmless imitation 
of firearms which has been approved by the adjutant general; 
that regularly organized posts of the grand army of the 
republic, and regularly organized camps of the legion of 
Spanish war veterans, or of the united Spanish war veterans, 
may at any time parade in public their color guards of not 
more than twelve men, armed with firearms; that regu- 
larly organized camps of the sons of veterans may at any 
time parade in public their color guards of ten men with 
firearms; and that any organization heretofore authorized 
thereto by law may parade with sidearms; and that any 
veteran association composed wholly of past members of the 
militia of this commonwealth may maintain an armory for 
the use of the organizations of the militia to which its members 
belonged. 
Section 2. This act shall take effect upon its passage. 

A'pyroved February 18, 1916. 



County com- 
missioners of 
Berkshire 
county may 
expend addi- 
tional sum for 
making certain 
records. 



Chap. 9 An Act to authorize the county commissioners of the 

COUNTY OF BERKSHIRE TO EXPEND AN ADDITIONAL SUM 
FOR THE PURPOSE OF MAKING COPIES OF CERTAIN RECORDS. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Berkshire are hereby authorized to expend, a sum not ex- 
ceeding five hundred dollars, in addition to the sums hereto- 
fore authorized, for the purpose of making copies of certain 
records In the registry of deeds for the middle district in 
said county, as provided by chapter four hundred and 
seventy-eight of the acts of the year nineteen hundred and 
fourteen. 

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

Approved February 21, 1916. 

Chap. 10 An Act to define the purpose for which the annual 

APPROPRIATION FOR THE FURNISHING, REPAIR AND CARE 
OF UNITED STATES SHIPS MAY BE USED. 

Be it enacted, etc., as follows: 

Section 1. The annual appropriation for the furnishing, 
repair and care of any United States ships loaned to the 



Purpose for 
which appro- 
priation for 



General Acts, 1916. — Chaps. 11, 12. 9 

commonwealth of Massachusetts for the use of the naval unHed^s'tatos 
militia shall be available for the payment of all damages ^'^'^^TY^ 
and other expenses incident to the use of such ships. Claims 
for damages shall be paid only when approved by the ad- 
jutant general, and the releases obtained shall be in such 
form as he may prescribe. 

Section 2. Claims for damages including those ascer- claims, how 
tained during the year nineteen hundred and fifteen may be ^^' ' 
paid from the appropriation for the fiscal year in which the 
amount of damage is ascertained, without regard to the 
date of the actual occurrence of the damage. 

Section 3. This act shall take effect upon its passage. 

Aiyproved February 23, 1916. 

An Act relative to the designation of officers of Chap. 11 

CORPORATIONS LICENSED AS INSURANCE AGENTS AND 
BROKERS. 

Be it enacted, etc., as follows: 

Section two of chapter eighty-two of the General Acts of §^2,^'a^elided. 
the year nineteen hundred and fifteen is hereby amended by 
striking out the word "three", in the eighth line, and in- 
serting in place thereof the word : — five, — so as to read 
as follows: — Section 2. The insurance commissioner may insurance 

1 .. 1 . 1' J." commissioner 

require any such corporation, upon making an appncation may require 
for a license or for the renewal of a license, to file with him ration" toTw- 
such information as he may request relating to the corpora- ^y^^ 'etc"™^' 
tion and its officers, directors and stockholders, and the 
commissioner may make such examination of the corpora- 
tion's affairs as he may deem necessary. Every such license 
shall designate the officers of the corporation, not exceeding 
five, who may solicit or negotiate contracts of insurance in 
the name and in behalf of the corporation. 

A-p'proved February 23, 1916. 

An Act exempting certain employees from medical Chap. 12 

EXAMINATION FOR LIFE INSURANCE. 

Be it enacted, etc., as follows: 

Section seventy-one of chapter five hundred and seventy- i907. 576, § 71, 
six of the acts of the year nineteen hundred and seven is 
hereby amended by adding at the end of the first paragraph 
the words : — except that an inspection by a competent 
person of a group of employees whose lives are to be insured 
and their environment may be substituted for such medical 



10 



General Acts, 1916. — Chap. 13. 



Certain em- 
ployees ex- 
empt from 
medical exam- 
ination for life 
insurance. 



examination in cases where the insurance is granted under 
a single poHcy issued to a given person, firm or corporation, 
covering simultaneously a group of not less than one hundred 
lives all in the employ of such person, firm or corporation, 
— so that said paragraph will read as follows: — Section 71. 
No life insurance company organized under the laws of or 
doing business in this commonwealth shall enter into any 
contract of insurance upon lives within this commonwealth 
without having previously made or caused to be made a 
prescribed medical examination of the insured by a registered 
medical practitioner; except that an inspection by a compe- 
tent person of a group of employees whose lives are to be 
insured and their environment may be substituted for 
such medical examination in cases where the insurance 
is granted under a single policy issued to a given person, 
firm or corporation, covering simultaneously a group of 
not less than one hundred lives all in the employ of such 
person, firm or corporation. 

{The joregoing was laid before the governor on the seventeenth 
day of February, 1916, and after five days it had "the force 
of a law", as prescribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 



Chap. 13 An Act relative to the auditing of town accounts. 



1910, 598, § 1, 
etc., amended. 



Auditing of 
accounts of 
towns. 



Be it enacted, etc., as follows: 

Section 1. Section ^ne of chapter five hundred and 
ninety-eight of the acts of the year nineteen hundred and 
ten, as amended by section one of chapter seven hundred 
and six of the acts of the year nineteen hundred and thirteen, 
is hereby further amended by striking out the said section 
and inserting in place thereof the following: — Section 1. 
Any town at a town meeting legally called for the purpose 
may petition the director of the bureau of statistics for an 
audit of its accounts, or for the installation of a system of 
accounts by him approved, and said director, as soon as 
possible after the receipt of such a petition, shall cause such 
audit to be made or system of accounts to be installed as 
the case may be; or a town may provide in its by-laws for 
periodical audits under the direction of the director of the 
bureau of statistics, and said director shall cause such audits 
to be made. 

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

Approved February 25, 1916. 



General Acts, 1916. — Chaps. 14, 15. 11 



An Act relative to prosecutions under the law pro- Chap. 14 

VIDING for weekly PAYMENT OF WAGES. 

Be it enacted, etc., as follows: 

Section one hundred and thirteen of chapter five hundred i909. sh. § iis, 
and fourteen of the acts of the year nineteen hundred and 
nine is hereby amended by striking out the words "The 
chief of the district poHce or an inspector of factories and 
pubUc buildings", in the first and second hues, and insert- 
ing in place thereof the words : — The state board of labor 
and industries, — and by striking out the words "thirty 
days", in the fifth line, and inserting in place thereof the 
words: — three months, — so as to read as follows: — Sec- state board of 
tion 113. The state board of labor and industries may dustriesto 

1 i"j. ' 1. e -Ij^' Pji' prosecute vio- 

make a complamt agamst any person tor a violation oi the lationsofiaw 
provisions of the preceding section. Complaints for such wt^kiy'ply-'^ 
violation shall be made within three months after the date ^'^^^ °^ ^*^*'^- 
thereof, and, on the trial, no defence for failure to pay as 
required, other than the attachment of such wages by the 
trustee process or a valid assignment thereof or a valid set- 
off against the same, or the absence of the employee from 
his regular place of labor at the time of payment, or an 
actual tender to such employee at the time of payment of 
the wages so earned by him, shall be valid. The defendant 
shall not set up as a defence a payment of wages after the 
bringing of the complaint. An assignment of future wages 
which are payable weekly under the provisions of this act 
shall not be valid if made to the person from whom such 
wages are to become due or to any person on his behalf or 
if made or procured to be made to another person for the 
purpose of relieving the employer from the obligation to 
pay weekly. The word "person" in this section shall ter^'Xfined 
include the corporations, contractors, persons and partner- 
ships described in the preceding section.- 

Ayinoved February 25, 1916. 

An Act relative to the protection of upland plover Chap. 15 

AND certain other WILD BIRDS. 

Be it enacted, etc., as folloius: 

Chapter four hundred and seventy-two of the acts of the 1910, 472, § i. 
year nineteen hundred and ten is hereby amended by strik- ^'"®"''*"^- 
ing out section one and inserting in place thereof the fol- 



12 



General Acts, 1916. — Chap. 16. 



Protection of 
upland plover, 
wild pigeons, 
gulls and 
terns. 



lowing: — Section 1. Whoever takes or kills a Bartramian 
sandpiper, also called upland plover, a wood duck, a wild or 
passenger pigeon, a Carolina or mourning dove, a gull or 
a tern, shall be punished by a fine of not less than ten, nor 
more than fifty dollars for every bird so taken or killed. 
Whoever takes or kills a heath hen shall be punished by a 
fine of not less than twenty-five dollars nor more than one 
hundred dollars for every bird so taken or killed. 

Ajj-proved March 1, 1916. 



1913, 835, § 140, 
amended. 



Name of 
candidates for 
delegates, etc., 
to national con- 
ventions to be 
placed upon 
ballot in cer- 
tain order. 



Chap. 16 An Act to change the method of voting in presi- 
dential PRIMARIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter eight hundred and thirty-five of 
the acts of the year nineteen hundred and thirteen is hereby 
amended by striking out section one hundred and forty and 
inserting in place thereof the following:- — Section Ufi. 
The secretary of the commonwealth shall cause to be placed 
upon the official ballot for use in primaries at which dele- 
gates to national conventions of political parties are elected, 
under separate headings, and in the following or^er, the 
names of candidates for delegates at large, alternate dele- 
gates at large, district delegates, and alternate district 
delegaties. The names of candidates appearing in nomi- 
nation papers which contain nominations for all the places 
to be filled shall be placed first on said ballot, arranged in 
groups and in the same order as in the nomination papers. 
The names of candidates appearing in nomination papers 
which contain nominations for less than all the places to be 
filled shall follow, alphabetically arranged. The ballot shall 
also contain a statement of the preference, if any, of each 
candidate for delegate as to a candidate for nomination for 
president, provided that such statement appears in his 
nomination papers; but no such statement of preference by 
any candidate for delegate shall appear upon the ballot 
unless such candidate for nomination for president files his 
written assent thereto with the secretary of the common- 
wealth on or before five o'clock of the last day for filing 
nomination papers. Such assent may be communicated by 
telegraph or cable. Upon the receipt of the records of votes 
cast at presidential primaries, the city or town clerk or 
election commissioners shall forthwith canvass the same 
and make return thereof to the secretary of the common- 



statement of 

preference, etc. 



Return of 
votes. 



General Acts, 1916. — Chaps. 17, 18. 13 

wealth, who shall forthwith canvass such returns, determine 
the results thereof, and notify the successful candidates. 
Section 2. This act shall take effect upon its passage. 

Ajjproved March 1, 1916. 

An Act to abolish the state house building commission Chap. 17 

AND TO TRANSFER ITS DUTIES TO THE STATE HOUSE COM- 
MISSION. 

Be it enacted, etc., as follows: 

Section 1. The state house building commission, es- state house 
tablished by chapter eight hundred and thirty of the acts mission, 
of the year nineteen hundred and thirteen, is hereby abolished ^ ° *" ® ■ ® ''• 
and the powers and duties pertaining to the said commission 
are hereby transferred to and vested in the state house 
commission. The members of the state house commission 
shall receive no compensation under this act. 

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

Approved March 2, 1916. 

An Act to require commissioners of insolvent estates (7/,^^, je 

OF DECEASED PERSONS TO GIVE NOTICE TO THE ADMINIS- 
TRATOR OR EXECUTOR OF THE ESTATE AND TO THE HEIRS, 
LEGATEES OR DEVISEES OF THE DECEASED OF THE FILING 
OF RETURNS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter one hundred and R 1-142, §3, 
forty-two of the Revised Laws, as amended by chapter one ^ "" """^^ 
hundred and seventy-seven of the acts of the year nineteen 
hundred and eleven, is hereby further amended by inserting 
after the word "creditors", in the fifteenth line, the words: 
— and to the administrator of the estate or the executor of 
the will of the deceased, and to the heirs, legatees or de- 
visees of the deceased, — so as to read as follows : — Sec- commissioners 
tion 3. The commissioners shall be sworn before entering esVa'tS'to eLm- 
upon the performance of their official duties; they shall »ne claims, etc. 
appoint convenient times and places for their meetings to 
receive and examine claims; and shall by mail or other- 
wise give to all known creditors at least seven days' written 
notice of the time and place of each meeting, and also such 
other notice thereof as the court shall order; and the executor 
or administrator shall, fourteen days at least before the first 
meeting, furnish to the commissioners the names and resi- 



14 General Acts, 1916. — Chaps. 19, 20. 

dences of all known creditors. At the expiration of the 

time allowed for the proof of claims, the commissioners 

Noticethat shall make their return to the court. The commissioners 

med^lte. shall mail post paid within seven days thereafter, or within 

such further time as the court may order, a notice in writing 

to all known creditors, and to the administrator of the estate 

or the executor of the will of the deceased, and to the heirs, 

legatees or devisees of the deceased, of the filing of said 

return, and shall, within thirty daj's after said notice, file in 

the registry of probate an affidavit of having given the 

same, with a copy thereof. 

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

Ajrproved March 2, 1916. 

Chap. 19 An Act relative to late entry of appeals from re- 
turns OF COMMISSIONERS OF INSOLVENT ESTATES. 

Be it enacted, etc., as follows: 

R. L 142, §16, Section 1. Section sixteen of chapter one hundred and 
forty-two of the Revised Laws Is hereby amended by In- 
serting after the word "court". In the second line, the 
words: — or If the administrator of the estate or the executor 
of the will of the deceased, or If an heir, legatee, devisee or 
creditor who is dissatisfied with the allowance of a claim, — 
Late entry of SO as to read as follows: — Section 16. If a person whose 
returns o^™ clalm has been disallowed by the commissioners or by the 
ofTnToive°nT" probatc court, or If the administrator of the estate or the 
executor of the will of the deceased, or If an heir, legatee, 
devisee or creditor who Is dissatisfied with the allowance of 
a claim, omits, for cause other than his own neglect, to claim 
or prosecute his appeal as before provided, the supreme 
judicial court In any county, may, upon his petition filed 
within two years after the return of the commissioners and 
within four years after the date of the administration bond, 
allow him upon terms to enter and prosecute his appeal. 
Section 2. This act shall take effect upon its passage. 

Approved March 2, 1916. 

Chap. 20 An Act relative to payments on account of taxes on 

REAL OR PERSONAL PROPERTY. 

Be it enacted, etc., as follows: 
1909, 490. § 19, Section nineteen of Part II of chapter four hundred and 

Part II, etc., . „. „, . iiii- 

amended. ninety 01 the acts oi the year nineteen hundred and nine, as 

amended by section two of chapter five hundred and ninety- 



estates allowed 
in certain cases. 



General Acts, 1916. — Chap. 20. 15 

nine of the acts of the year nineteen hundred and thirteen, 
is hereby further amended by striking out the words " within 
six months after such tax or assessments are due", in the 
fifth and sixth Unes, and inserting in place thereof the words: 
— if the tax or assessments are upon real estate at any 
time up to the date when advertisements may be prepared 
for the sale of the same, and if it be a personal tax, at any 
time up to the date when a warrant or other process may 
be issued for the enforcement and collection of the same, — 
and also by inserting after the word "tax", in the eighth 
line, the words : — The acceptance of any partial payment 
in accordance with the provisions of this act, shall not 
invalidate any demand made for a tax, prior to the accept- 
ance of such partial payment: provided, hoivever, that the 
amount stated in the demand was the amount due at the 
date when the demand was made, — so as to read as fol- 
lows: — Section 19. After the delivery of a tax, including TcMunrof taxes 
assessments for betterments or other purposes but not in- ""nT^^o'^ ert ' 
eluding a poll tax, to a collector for collection, the owner of 
the estate or person assessed or a person in behalf of said 
owner or person may, if the tax or assessments are upon real 
estate at any time up to the date when advertisements may 
be prepared for the sale of the same, and if it be a personal 
tax, at any time up to the date when a warrant or other 
process may be issued for the enforcement and collection 
of the same, tender to the collector not less than twenty-five 
per cent of the tax which shall be received, receipted for 
and applied toward the payment of the tax. The accept- 
ance of any partial payment in accordance with the pro- 
visions of this act, shall not invalidate any demand made 
for a tax, prior to the acceptance of such partial payment: 
provided, however, that the amount stated in the demand Proviso, 
was the amount due at the date when the demand was 
made. If in any court it shall be determined that the tax Entry of 
is more than the amount so paid, judgment shall be entered ^"'^s'"'"^*- 
for such excess and interest upon the amount thereof to the 
date of the judgment, and on the amount paid to the date 
of payment, with costs if otherwise recoverable. The part 
payment authorized by this section shall not affect a right 
of tender, lien or other provision of law for the recovery of 
the amount of such tax, or interest or costs thereon, re- 
maining due, but if the part payment is more than the tax, 
as finally determined, the excess, without interest, shall be re- 
paid to the person who paid it. Approved March 6, 1916. 



16 



General Acts, 1916. — Chaps. 21, 22. 



Chap. 21 An Act to permit mutual liability insurance com- 
panies TO insure against damage by steam-boiler and 

FLY-WHEEL EXPLOSIONS. 

Be it enacted, etc., as follows: 

Section 1. Mutual companies organized under the laws 
of this commonwealth and authorized to transact liability 
insurance may, with the approval of the insurance commis- 
sioner, also transact the business authorized by the fourth 
clause of section thirty-two of chapter five hundred and 
seventy-six of the acts of the year nineteen hundred and 
seven, and the amendments thereof. 

Section 2. No policy shall be issued by a corporation 
formed as aforesaid until boiler insurance has been applied 
for to the amount of one million dollars upon not less than 
one hundred separate boiler risks. 

Section 3. The provisions of section twenty of chapter 
five hundred and seventy-six of the acts of the year nineteen 
hundred and seven, and of any amendments thereof, author- 
izing a mutual boiler insurance company to insure in a 
single risk an amount not exceeding one fourth of its net 
assets shall not apply to the mutual companies designated 
in section one of this act. 

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

Aj)2Jroved March 6, 1916. 



Mutual liability 
companies may 
insure against 
damage by cer- 
tain explosions. 



Restriction. 



Certain 
provisions 
not to apply. 



Chap. 22 An Act to authorize co-operative banks to provide 

FOR AN assistant TREASURER. 

Be it enacted, etc., as follows: 

S^rmair" Section 1. Subject to the approval of the bank com- 

provideforan missioncr, a co-operative bank incorporated under the laws 
treasurer. of this commonwcalth, may provide in its by-laws for an 

assistant treasurer, and for his election by either the share- 
holders or the board of directors. He shall have authority 
to perform any and all of the duties of the treasurer as pro- 
vided in section eight of chapter six hundred and twenty- 
three of the acts of the year nineteen hundred and twelve. 
Section 2. This act shall take effect upon its passage. 

Approved March 6, 1916. 



General Acts, 1916. — Chaps. 23, 24. 17 



An Act to authorize cities and towns to appropriate Chap. 23 

MONEY FOR CONDUCTING PROCEEDINGS RELATIVE TO 
PUBLIC SERVICE CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. A city or town may appropriate money for Cities and 
the purpose of prosecuting or defending proceedings, however appmpHate 
instituted, before a court, the pubHc service commission, d'uJtmg'certarn 
the board of gas and electric light commissioners or any proceedings. 
other pubUc board or commission exercising the same or 
similar powers, in all matters relative or incidental to the 
prescribing of rates or fixing of charges by public service 
corporations or the exercise of rights under their franchises. 

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

Ayproved March 6, 1916. 

An Act relative to the power of the public service Chap. 24 

COMMISSION TO SUSPEND THE TAKING EFFECT OF PRO- 
POSED CHANGES IN RATES CHARGED BY COMMON CARRIERS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter seven hundred amendld.^ ^'' 
and eighty-four of the acts of the year nineteen hundred 
and thirteen is hereby amended by striking out the word 
"six", in the eleventh line, and inserting in place thereof 
the word: — -ten, — so as to read as follows: — Section 21. ^o'i^m*'isston"'*' 
Whenever the commission receives notice of any change or ^^Y suspend 

1 11 1 • 1 1 I ni 1 1 1 taking effect of 

changes proposed to be made m any schedule nled under the proposed 
provisions of this act, it shall have power, either upon com- certain rates. 
plaint or upon its own motion, and after notice, to hold a 
public hearing and make investigation as to the propriety 
of such proposed change or changes. Pending any such 
investigation and the decision thereon, the commission shall 
have power, by any order served upon the common carrier 
affected, to suspend the taking effect of such change or 
changes, but not for a longer period than ten months be- 
yond the time when such change or changes would other- 
wise take effect. After such hearing and investigation, the 
commission may make such order in reference to any new 
rate, joint rate, fare, telephone rental, toll, classification, 
charge, rule, regulation or form of contract or agreement 
proposed, as would be proper in a proceeding initiated after 
the same has taken effect. At anv such hearing involving Hearings how 

'■ o cj conaucted. 



18 General Acts, 1916. — Chaps. 25, 26. 

HeM-ings, how any proposed increase in any rate, joint rate, fare, telephone 
rental, toll or charge, the burden of proof to show that such 
increase is necessary in order to obtain a reasonable com- 
pensation for the service rendered shall be upon the common 
carrier. If at a hearing involving any proposed decrease in 
any rate, joint rate, fare, telephone rental, toll or charge 
demanded by any common carrier, it shall appear to the 
commission that the said rate, joint rate, fare, telephone 
rental, toll or charge is insufficient to yield reasonable com- 
pensation for the service rendered, the commission shall 
have power to determine what will be the just and reasonable 
rate or rates, fare or fares, telephone rental or rentals, toll 
or tolls, charge or charges, to be thereafter observed in such 
case as the minimum to be charged, and to make an order 
that the common carrier complained of shall not thereafter 
demand, charge or collect any rate, fare, telephone rental, 
toll, or charge lower than the minimum so prescribed with- 
out first obtaining the consent of the commission, not to be 
given without a public hearing. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1916. 



Chap. 25 An Act relative to the open season on brook trout. 

Be it enacted, etc., as follows: 

fiMdfo?^°" Section 1. Beginning with the year nineteen hundred 

brook trout. and seventeen, the open season for the taking of brook 
trout shall begin on the fifteenth day of April and end on 
the first day of August. 
Repeal. Section 2. So much of scctiou 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, is hereby 
repealed. Approved March 8, 1916. 



Chap. 26 An Act to extend the authority of the bank commis- 
sioner relative to savings and loan associations. 

Be it enacted, etc., as follows: 

bank^Jommis- "^^^ bank commissioucr shall have the same powers and 
sioner relative dutlcs iu rcspcct to saviugs and loan associations which he 

to savings and , i n i . • i i 

loanassocia- now lias or may hereafter have in respect to savings banks. 



General Acts, 1916. — Chap. 27. 19 

In the examination of such savings and loan associations 
inquiry shall be made as to the nature and resources of the 
association in general, its methods of conducting business, 
the actions of its officers, the investment of its funds, and as 
to whether the administration of its affairs is in compliance 
with its by-laws and the statutes. At each visitation, a To audit books. 
thorough examination and audit shall be made of the books, 
securities, cash, assets, liabilities, income and expenditures, 
including a trial balance of the shareholders' ledgers, for 
the period elapsed since the preceding examination. The Expense, how 
expense of such examination and audit shall be paid by the ^^' 
savings and loan association. The person in charge of the 
examination shall render to the commissioner a report of his 
findings, in such form as the commissioner may prescribe, 
and a copy thereof shall be rendered to the board of directors 
within ten days after the original has been submitted to the 
commissioner, together with a notice of the amount of the 
expense aforesaid which shall be due and payable within 
thirty days after the date of the notice. Upon the failure 
of any such savings and loan association to pay the said 
expense within the time prescribed herein, the bank com- 
missioner shall report the facts to the attorney-general, 
who shall immediately bring an action for the recovery of 
the sum due. The commissioner shall annually make a Tomake 
report to the general court of such facts and statements annual report. 
relative to the said associations and in such form as he may 
consider that the public interest requires. The officers of 
every such association shall answer truly all inquiries made, 
and shall make all returns required by the commissioner. 

Approved March 8, 1916. 



An Act relative to the taking of fish in the waters Phdy 27 

OF HINGHAM HARBOR, WEYMOUTH BACK RIVER, HULL BAY 
AND ADJACENT WATERS. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and nine of the acts ioh, soo. § i. 
of the year nineteen hundred and fourteen is hereby amended ^™^" 
by striking out the words "in Hingham Harbor, Hull Bay, 
Weymouth Back river", in the fourth and fifth lines, and 
inserting in place thereof the words : — in any waters south- 
erly of a line drawn from the westerly point of Hull main- 
land at Windmill Point, so-called, to the most easterly point 



20 



General Acts, 1916. — Chap. 28. 



Taking of fish 
in waters of 
Hingham 
Harbor, Woy- 
mouth Back 
river, etc. 



Proviso. 



Exemption. 



of Peddock's island; thence following the easterly shore of 
Peddock's island at highwater mark to the most southerly 
point of said Peddock's island, thence across the Back 
channel, so-called, to the most northerly point of Hough's 
Neck, — so as to read as follows:- — Section 1. No person 
shall set, draw, use, or attempt to set, draw, or use any 
net, seine, trap or other device for catching any fish by other 
than a naturally or artificially baited hook in any waters 
southerly of a line drawn from the westerly point of Hull 
mainland at Windmill Point, so-called, to the most easterly 
point of Peddock's island; thence following the easterly 
shore of Peddock's island at highwater mark to the most 
southerly point of said Peddock's island, thence across the 
Back channel, so-called, to the most northerly point of 
Hough's Neck, or in any cove, bay, inlet or tributary thereof: 
'provided, that the selectmen of Hingham, Weymouth and 
Hull may, by joint action, grant permits for the purpose 
aforesaid within said waters, with such restrictions as, in 
their judgment, will prevent the same from constituting or 
causing a nuisance; and they may at any time revoke any 
such permit. The provisions of this act shall not prohibit 
the use of traps for the catching of lobsters. 

Approved March 8, 1916. 



1910, 493, § 1. 
amended. 



Chap. 28 An Act to authorize the payment of benefits on in- 
stalments UNDER policies OF ACCIDENT INSURANCE. 

Be it enacted, etc., as follows: 

Paragraph 7 of section one of chapter four hundred and 
ninety-three of the acts of the year nineteen hundred and 
ten is hereby amended by adding at the end thereof the 
following: — -But a policy may at the option of the insured 
provide that a benefit for a specific sum shall be payable in 
instalments, the number, amount and the time of payment 
whereof shall be stated in the policy, with a further state- 
ment of the tim.e within which the first instalment shall be 
paid, which shall not exceed sixty days from the receipt of 
due proof of the claim, — so as to read as follows: — 7. A 
provision that the company will pay the benefits promised 
within not more than sixty days of the receipt by it of due 
proofs of death or disability. But a policy may at the 
option of the insured provide that a benefit for a specific 
sum shall be payable in instalments, the number, amount 
and the time of payment whereof shall be stated in the 



Benefits may 
be paid on 
instalments 
under policies 
of accident 
insurance. 



General Acts, 1916. — Chaps. 29, 30. 21 

policy, with a further statement of the time within which 
the first instalment shall be paid, which shall not exceed 
sixty days from the receipt of due proof of the claim. 

Ap-proved March 8, 1916. 

An Act to provide for the issue of term bonds Chap. 29 
TO companies transacting workmen's compensation 
insurance. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and eighty-three of the '^^is- ^J^J^ 
General Acts of the year nineteen hundred and fifteen is 
hereby amended by striking out section two, and inserting 
in place thereof the following: — Section 2. Every such Foreign 

„ . . 1 11 -xl,* • X J Sj. companies 

foreign msurance company shall, witnm sixty days aiter transacting 
the passage of this act, furnish a bond running to the com- comp^Mation 
monwealth, with some surety company authorized to trans- lurnlah'bol^d. 
act business in this commonwealth as surety, for such term 
and 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 such company of 
the deposits required by section one of this act. The annual 
license of such a company shall not be issued or renewed 
until it has filed with the insurance commissioner a bond as 
aforesaid covering a future period at least as long as that 
covered by the license. In place of a bond as aforesaid the 
company may furnish other security, upon a like condition, 
satisfactory to the insurance commissioner. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1916. 



An Act relative to lights on vehicles at night on Chap. 30 
public highways and bridges. 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and seventy-eight of the g^g^'ameided 
acts of the year nineteen hundred and eleven, as amended by 
chapter one hundred and eighty-two of the acts of the year 
nineteen hundred and fourteen, is hereby further amended 
by inserting after the word "one", in each instance where 
it occurs in the fifth line, the words: — half an, — so as to 
read as follows: — Section 1. Every vehicle on wheels, ah vehicles 
whether stationary or in motion, on any public highway highways, etc., 



22 



General Acts, 1916. — Chap. 31. 



li^hts^borween °^ bridge, shall have attached to it a light or lights which 
certain hours, shall bc SO displayed as to be visible from the front and 
the rear during the period from one half an hour after sunset 
Proviso. to one half an hour before sunrise: provided, hoivever, that 

this act shall not apply to any vehicle which is designed to 
be propelled by hand, or to an}^ vehicle designed for the 
transportation, as its principal freight, of hay or straw 
while loaded with such freight. 

Approved March 8, 1916. 

Chap. 31 An Act to authorize the metropolitan park commis- 
sion TO SUMMON witnesses. 

Be it enacted, etc., as follows: 

^c.^'amfnded. Section 1. Scctiou eight of chapter one hundred and 
seventy-five of the Revised Laws, as amended by section one 
of chapter three hundred and twenty-eight of the acts of the 
year nineteen hundred and seven, and by section one of 
chapter eighty -five of the acts of the year nineteen hundred 
and thirteen, is hereby further amended by inserting after 
the word "Boston", in the eleventh line, the words: — or 
the metropolitan park commission, — so as to read as fol- 
^adrcomm^- ^o^s : — Sectioii 8. Witnesses may be summoned to attend 
sion, etc., may qj^^ testifv and to producc books and papers at a hearing 

summon ... 

witnesses. bcforc a city council, or either branch thereof, or before a 

joint or special committee of the same or of either branch 
thereof, or before a board of selectmen or a board of police 
commissioners, or a fire commissioner or a board of fire com- 
missioners, commissioner of public safety, or a school board, 
or a licensing board for the granting of licenses for intoxicating 
liquors, or a board of registrars of voters, or before the 
board of police or of election commissioners for the city of 
Boston, or the metropolitan park commission, at any hearing 
before them, as to matters within their authority; and such 
witnesses shall be summoned in the same manner, be paid 
the same fees and be subject to the same penalties for de- 
fault, as witnesses before police, district and municipal 

Oath, by whom courts. The presiding officer of such council, or of either 
branch thereof, or a member of any such committee, board 
or commission may administer oaths to witnesses who 
appear before such council, or either branch thereof, or any 
such committee, board or commission, respectively. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1916. 



administered. 



General Acts, 1916. — Chaps. 32, 33, 34. 23 



An Act to authorize certain insurance companies to Chap. 32 

INSURE AGAINST LOSS OF SECURITIES AND DOCUMENTS BY 
BANKERS AND BROKERS. 

Be it enacted, etc., as folloivs: 

Section 1 . Any company authorized to transact cor- Certain in- 
porate suretyship, fidehty and burglary insurance in this parderma"" 
commonwealth, may insure in one contract a bank, banker, loss"^^ sMurftLs 
investment broker, banking association or banking corpora- by'^ban^^re'"^*^ 
tion against the loss of bills of exchange, notes, drafts, and brokers. 
bonds, securities, evidences of debt, deeds, mortgages, docu- 
ments, currency and money, except loss thereof in the 
course of marine transportation, or of transportation by 
common carriers. 

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

Approved March 8, 1916. 

An Act relative to the salary of the stenographer Qfidj) 33 

AND clerk employed BY THE TRUSTEES OF HOSPITALS 
FOR CONSUMPTIVES. 

Be it enacted, etc., as follows: 

Section 1. The salary of the stenographer and clerk salary of cer- 
employed by the trustees of hospitals for consuftiptives shall of'hospita?Jf^r 
be fixed in accordance with the provisions of chapter six tobL^fLxed^^ 
hundred and five of the acts of the year nineteen hundred j^ij^der general 
and fourteen. Chapter five hundred and ninety-two of the Repeal. 
acts of the year nineteen hundred and twelve is hereby re- 
pealed. 

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

Approved March 13, 1916. 

An Act relative to the taking of fish in the waters Chap. 34 

OF COHASSET AND SCITUATE. 

Be it enacted, etc., as follows: 

Chapter four hundred and forty-nine of the acts of the 1912, 449, § 1 

\ 1111 i' 11. . ^''*^' aniended. 

year nmeteen hundred and twelve, as amended m section 
one thereof by chapter one hundred and twenty-four of the 
acts of the year nineteen hundred and thirteen, is hereby 
further amended by striking out said section one and in- 
serting in place thereof the following : — Section 1 . It shall Taking of fish 
be unlawful for any person to display torches or other light o" colirslet'^^ 

and Scituate, 



24 



General Acts, 1916. — Chap. 35. 



Provisos. 



Restrictions. 



designed or used for the purpose of taking herring or other 
fish in any of the waters of Cohasset, Scituate and Marsh- 
field, or in the waters of Duxbury and Plymouth harbors 
westerly of a line drawn from Pier Head to Saquish Head, 
or in the waters of the town of Kingston: 'promded, however, 
that the selectmen of the towns of Scituate, Marshfield, 
Duxbury, Kingston and Plymouth may grant permits for 
the display of torches or other light for the purposes afore- 
said, within the limits of their respective towns as herein 
described, except that no permits shall be granted for the 
above named purposes in the waters of Scituate south- 
westerly of a line drawn from Little Black Rock to Gull 
island; and 'provided, further, that the selectmen of Cohasset 
and Scituate may grant permits for the display of torches 
or other lights for the purpose aforesaid in the waters lying 
southwesterly of the above mentioned line and in boats 
propelled by hand power only. Such permits may at any 
time be revoked and may be granted under such restrictions 
as in the judgment of said selectmen will prevent nuisances. 

Approved March 14, 1916. 



Planting, etc., 
of clams and 
quahaugs in 
Plymouth 
county. 



Chap. 35 An Act relative to the planting and cultivating of 

CLAMS AND QUAHAUGS IN THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of any town in the county of 
Plymouth, except the towns of Plymouth, Kingston and 
Duxbury, which accepts the provisions of this act, may, 
by a writing under their hands, grant a license for such a 
term of years, not exceeding fifteen, as in their 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 
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. The said licenses 
shall be granted only to persons who 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 



Shall not ob- 
struct navi- 
gable waters. 



General Acts, 1916. — Chap. 35. 25 

until after a public hearing, notice of which shall have 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 
applicant, 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 pesoription, 
bounds the flats and creeks so appropriated, and shall be fee, etc. 
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, Privileges. 
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 By-iaws, etc. 
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: lyrovided, always. Proviso, 
that such by-laws shall not infringe the laws of the com- 
monwealth. 

Section 6. If it appears to the selectmen that the Revoking of 

11.1. • a 'IP, license, 

icensee, or his heirs or assigns, tor a period oi 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 Penalty. 
of any town which accepts the provisions of this act in 
violation of any by-law established by the town, or of any 
provision of this act, shall for every such oftence pay a fine 
of not less than five or more than ten dollars, and the costs 
of prosecution, and five dollars for every bushel of shellfish 
St) taken. 

Section 8. A plan of each grant made under this act piantoboopen 
shall be kept in the office of the selectmen, and shall be open [nsp^'uon. 
to public inspection at all times. 

Section 9. This act shall take effect in any town to Acttobesub- 
which it applies upon its acceptance by a majority of the wters, etc. 



26 General Acts, 1916. — Chaps. 36, 37. 

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, but for the purpose of authorizing 
said vote, it shall take effect upon its passage. 

Approved March 14, 1916. 



Chap. 36 An Act relative to the misuse of the flag. 

Be it enacted, etc., as follows: 

Certain The provisious of chapter five hundred and seventy of 

exempted from thc acts of the year nineteen hundred and fourteen shall 
not apply to publications issued solely for the purpose of 
giving information in relation to the flag, or to publications 
issued solely for the purpose of promoting patriotism or 
encouraging the study of American history; but no words, 
figures, designs or other marks of any kind shall be placed 
upon the flag or any representation thereof. 

Approved March 14, 1916. 



" flag law." 



Chap. 37 An Act relative to the limitation of the capital ' 

STOCK OF TRUST COMPANIES. 

Be it enacted, etc., as follows: 

Sc^'meAded Section 1. Chapter one hundred and sixteen of the 
Revised Laws, as amended in section five thereof by chapter 
four hundred and eighty-seven of the acts of the year nine- 
teen hundred and seven and by chapter two hundred and 
six of the acts of the year nineteen hundred and thirteen, 
is hereby further amended by striking out said section five 

Capital stock and inserting in place thereof the following : — Section 5. 

pan^M^imited. Tlic Capital stock of sucli corporation shall be not less than 
two hundred thousand dollars, except that in a city or 
town whose population numbers not more than one hun- 
dred thousand the capital stock may be not less than one 
hundred thousand dollars, divided into shares of the par 
value of one hundred dollars each; and except also that in 
towns whose population is not more than ten thousand the 
capital stock may be not less than fifty thousand dollars 
divided into shares of the par value of one hundred dollars 
each; and no business shall be transacted by the corporation 
until the whole amount of its capital stock is subscribed for 
and actually paid in, and no shares shall be issued until the 
par value of such shares shall have actually been paid in in 



General Acts, 1916. — Chap. 38. 27 

cash. Any trust company desiring to increase its capital of'^^jtai, 
stock to an amount greater than that fixed in its agreement *^ow made. 
of association or beyond the amount which is paid in at the 
date of the passage of this act may, subject to the approval 
of the bank commissioner, increase its capital stock in the 
manner provided for the increase of capital stock of business 
corporations under the provisions of chapter four hundred 
and thirty-seven of the acts of the year nineteen hundred 
and three, and of acts in amendment thereof, relative to 
the increase of capital stock: 'prodded, however, that no Proviso, 
such stock shall be issued by any trust company until the 
par value thereof shall be fully paid in in cash. 

Section 2. Chapter one hundred and eighty-nine of Repeal- 
the acts of the year nineteen hundred and five is hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 14, 1916. 



An Act relative to the payment to county treasurers Chap. 38 

BY clerks of courts OF INTEREST ON MONEY PAID INTO 
THE SUPERIOR COURT. 

Be it enacted, etc., as foUoivs: 

Section 1. Except in the county of Suffolk, all money Payment of 
paid into the superior court shall be placed at interest, if money paid 
possible, by the clerks of courts, and the interest over and supwio? court. 
above the amount accumulated on pending cases shall be 
paid over to the county treasurer between the first and 
tenth days of January of each year, to be used for general 
county purposes. 

Section 2. Interest which has accumulated on money Use of interest. 
already paid into the superior court, over and above the 
amount accumulated on pending cases, shall be paid over to 
the county treasurer between the first and the tenth days 
of June, nineteen hundred and sixteen, to be used for general 
county purposes. 

Section 3. So much of any act as is inconsistent here- Repeal, 
with is hereby repealed. 

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

(The foregoing was laid before the governor on the eighth 
day of March, 1916, and after five days it had "the force of 
a law", as prescribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 



28 



General Acts, 1916. — Chaps. 39, 40. 



Chap. 39 An Act relative to the payment of premiums on the 

BONDS OF COURT OFFICERS IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The county of Suffolk shall hereafter pay all 
premiums on the bonds of court officers or deputy sheriffs in 
attendance on the superior court in said county. 

Section 2. This act shall take effect upon its acceptance 
by the city council of Boston. 

Approved March 15, 1916. 

[Accepted April 3, 1916.] 



Payment of 
premiums on 
bonds of cer- 
tain court 
officers. 

Act to be sub- 
mitted to city 
council, etc. 



Chap. 40 An Act relative to employees in the insurance de- 
partment OF THE COMMONWEALTH. 



1907, 576, § 5, 
etc., amended. 



Employees in 
the 'insurance 
commissioner'a 
office, how ap- 
pointed, etc. 



Vacancy in the 
office of insur- 
ance com- 
missioner, 
how filled. 



Be it enacted, etc., as follows: 

Section 1. Section five of chapter five hundred and 
seventy-six of the acts of the year nineteen hundred and 
seven, as amended by chapter two hundred and ninety-two 
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 : — Section 5. 
The commissioner may, with the approval of the governor 
and council, appoint, and with their consent remove, a first 
deputy commissioner at an annual salary of thirty-five 
hundred dollars, a chief examiner at an annual salary of 
three thousand dollars, an examiner at an annual salary of 
twenty-five hundred dollars, an actuary at an annual salary 
of twenty-five hundred dollars, an assistant actuary at an 
annual salary of two thousand dollars, and, at salaries sub- 
ject to like approval, such additional deputies, examiners 
and inspectors as the service may require. He may employ 
in his department auditors, clerks and assistants at an 
expense not exceeding such amount as the general court may 
annually appropriate. In case of a vacancy in the office of 
commissioner, and during his absence or disability, the first 
deputy commissioner shall perform the duties of the office, 
or, in case of the absence or disability of such first deputy, 
the deputy commissioner who has been longest in the service 
of the insurance department. The insurance commissioner 
shall transmit forthwith to each register of probate and 
insolvency the names of all corporate surety companies as 
they become, or cease to be, qualified to do business in this 
commonwealth. 



General Acts, 1916. — Chaps. 41, 42. 29 

Section 2. Chapters one hundred and forty-nine, four R«po!'i- 
hundred and seven and six hinidred and eighty-four of the 
acts of tlie year nineteen hundred and twelve are hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 

AiJiyroved March 15, 1916, 

An Act to provide for the protection of flounders Chap. 41 

IN WATERS ADJACENT TO BEVERLY AND MARBLEHEAD. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful during the months of ora^ndcrs 
Februarj'^, March, April and May to catch any flounders in waters 
in any fyke or gill net or to set such a net during said months Beverly and 
for the catching of flounders in any waters lying w^esterly '" '^''"* ' 
of a line drawn from Hospital Point Light, so-called, in 
Beverly, to Peach's Point, so-called, in INIarblehead. 

Section 2. The harbor master of Salem shall have Enforcement. 
authority to enforce the provisions of this act as well as 
any other persons having such authority under the general 
laws or acting under authority of the board of commis- 
sioners on fisheries and game. 

Section 3. Whoever violates any provision of this act Penalty. 
shall be punished by a fine not exceeding one hundred dollars, 
or by imprisonment for a term not exceeding three months, 
or by both such fine and imprisonment. 

Apinoved March 15, 1916. 

An Act relative to the registration and operation of Chap. 42 

MOTOR vehicles OWNED BY NON-RESIDENTS RESIDING 
WITHIN FIFTEEN MILES OF THE BOUNDARIES OF THIS 
COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Any person owning a motor vehicle who Registration, 
resides in an adjoining state within fifteen miles of the vehic°L'^wned 
boundary line of this commonwealth and who has complied non^.r^idents. 
with the laws relative to motor vehicles and the operation 
thereof in the state in which he resides, may, upon applica- 
tion to the ]\Iassachusetts highway commission and the 
payment of a fee of two dollars, have such motor vehicle 
registered and may operate the same upon the highways 
of this commonwealth within fifteen miles of the boundary 
line of the state in which he resides, provided such state 



30 



General Acts, 1916. — Chap. 43. 



Number plates 
to be furnished. 



Time of 
taking effect. 



grants similar privileges to residents of this commonwealth. 
The foregoing privilege shall be in addition to any rights 
or privileges granted to non-residents by the provisions of 
existing law. 

Section 2. The Massachusetts highway commission shall 
furnish at its office, without charge, to every person whose 
motor vehicle is registered as aforesaid, number plates of 
suitable design with a distinguishing number or mark there- 
on, which shall be displayed upon said motor vehicle in 
the manner now provided by law for the display of number 
plates. 

Section 3. This act shall take effect on the first day of 
July in the year nineteen hundred and sixteen. 

A-pproved March 15, 1916. 



Chap. 43 An Act to authorize cities and towns to lease voting 

MACHINES. 



1913, gSS, §251, 
amended. 



Purchase, lease 
and use of 
voting 
machines. 



Be it enacted, etc., as follows: 

Section 1. Section two hundred and fifty-one of chapter 
eight hundred and thirty-five of the acts of the year nineteen 
hundred and thirteen is hereby amended by inserting after 
the word "purchase", in the fifth and seventeenth lines, 
the words: — or lease, — also by inserting after the word 
"purchased", in the twenty-first and twenty-third lines, 
the words: — or leased, — also by inserting after the word 
"purchasing", in the twenty-eighth line, the words: — or 
leasing, — so as to read as follows : — Section 251 . The 
mayor and aldermen of a city, or the body corresponding 
thereto, or a town, may, at a meeting held at least thirty 
days before the primary or election at which the voting 
machines are to be used, determine upon and purchase, or 
lease, one or more voting machines approved as provided 
in section two hundred and forty-nine, and order the use 
thereof at primaries and elections of state, city or town 
officers in such city or town; and thereafter at all primaries 
and elections of state, city or town officers in that city or 
town, until otherwise ordered by the aldermen in a city, 
or the board corresponding thereto, and the selectmen 
in a town, said machines shall be used at primaries and for 
the purpose of voting for the officers to be elected at such 
elections and for taking the vote upon the question of grant- 
ing licenses for the sale of intoxicating liquors and upon 



General Acts, 1916. — Chap. 43. 31 

other questions submitted to the voters. In Boston, the 

power to determine upon, purchase, or lease, and order the 

use of voting machines shall be vested in a board consisting 

of the election commissioners and the mayor; and the 

expense so incurred shall be deemed an expense of the election 

department of the city; and the machines so purchased, 

or leased, shall be used at primaries and elections in that 

city until otherwise ordered by said commissioners. Ma- How machines 

chines purchased, or leased, may be paid for either by appro- feased^may be 

priation, by the issue and sale of bonds, or by the issue and ^'^' ^°^' 

delivery of certificates of indebtedness or other negotiable 

obligations, of such amounts and payable at such times as 

shall be determined by the board or officers purchasing, or 

leasing, the machines. 

For polling places in which voting machines are to be No ballots, etc., 
used no ballot boxes or ballots shall be furnished. where^m^wnea 

Section 2. Section two hundred and fifty-six of chapter ^[^,^^^f: . „„ 

. iiiiii> f> i>i i>i • 191J, 000, § zoo, 

eight hundred and thirty-nve oi the acts oi the year nineteen amended. 
hundred and thirteen is hereby amended by inserting after 
the word "purchasing", in the tenth line, the words: — or 
leasing,- — and by inserting after the word "purchase", in 
the fourteenth line, the word: — lease, — so as to read as 
follows: — Section 256. When voting machines or ballot Persons of 

, Till 11 1 -J. whom machines 

boxes are purchased by the commonwealth or by a city or baiiot boxes 

. , 1 p 1 J.1 1. • are purchased 

or town, the person or persons oi whom the purchase is or leased to 
made shall give to the secretary of the commonwealth, ^^n'shbond, 
or city or town clerk, as the case may be, or in Boston to 
the election commissioners, a bond with sufficient sureties 
to keep such machines or ballot boxes in working order for 
two years. Such persons shall also give a bond with sufficient 
sureties, conditioned to defend and indemnify the common- 
wealth or cities and towns purchasing, or leasing, and using 
the machines or ballot boxes against any suit at law or in 
equity and for any expense, damage or inconvenience which 
they may incur or suffer by reason of any suit brought 
against them for infringement of patents or other rights, 
arising from the purchase, lease, or use of such machines 
or ballot boxes. 
Section 3. This act shall take effect upon its passage. 

Ayyroved March 15, 1916. 



32 



General Acts, 1916. — Chaps. 44, 45. 



Chap. 44 An Act to authorize the commissioner of weights and 

MEASURES to ESTABLISH DISTRICT OFFICES. 

Be it enacted, etc., as follows: 

Section 1. District offices may be established by the 
commissioner of weights and measures in such places and 
on such terms as may be approved by the governor and 
council. 

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

Approved March 16, 1916. 



Commissioner 
of weights and 
measures may 
establish 
district offices. 



1911, 220, § 1, 
amended. 



Chap. 45 An Act relative to the state inspector of apiaries 

AND TO his deputies. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
twenty of the acts of the year nineteen hundred and eleven 
is hereby amended by striking out the last two sentences 
and inserting in place thereof the following : — The inspector 
of apiaries, with the approval of the said board, may ap- 
point such deputies as he may deem necessary. The in- 
spector shall receive five hundred dollars annually for his 
services under this act, and his travelling and other necessary 
expenses, and may expend for office assistance such amount 
as may be necessary. Each of his deputies shall receive a 
sum not exceeding five dollars for each day of service, to be 
fixed by the inspector of apiaries with the approval of the 
said board, and his travelling and other necessary expenses, 
— so as to read as follows: — Section 1. The state board 
of agriculture shall annually appoint some person qualified 
by scientific training and practical experience in bee keeping 
to be state inspector of apiaries, who shall be responsible 
to said board for the performance of his duties under this 
act, and may be removed from office by said board for 
neglect of duty or malfeasance in office. The inspector 
of apiaries, with the approval of the said board, may ap- 
point such deputies as he may deem necessary. The in- 
spector shall receive five hundred dollars annually for his 
services under this act, and his travelling and other neces- 
sary expenses, and may expend for office assistance such 
Compensation, amouut as may be necessary. Each of his deputies shall 
receive a sum not exceeding five dollars for each day of 
service, to be Gxed by the inspector of apiaries with the 



State inspector 
of apiaries, 
appointment, 
duties, etc. 



May appoint 
deputies. 



General Acts, 1916. — Chap. 46. 33 

approval of the said board, and his travelHng and other 
necessary expenses. 
Section 2. This act shall take effect upon its passage. 

Approved March 16, 1916. 



An Act relative to the powers of the dairy bureau Chap. 46 

AND to the salary OF THE SECRETARY OF THE STATE 
BOARD OF AGRICULTURE. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter eighty-nine of the r. l. 89, §ii, 
Revised Laws is hereby amended by striking out the words ^™''° 
"disseminate such information", in the seventeenth line, 
and inserting in place thereof the words : — take such 
action, — and by inserting after the word "thereof", in 
the eighteenth line, the words: — and improve the dairy 
industry, — and by inserting after the word "officer", in 
the nineteenth line, the words: — and secretary, — and by 
striking out all of the said section after the word "direction", 
in the twentieth line, so as to read as follows : — Section Powers of dairy 
11. The dairy bureau of the board of agriculture shall ''^''•''*"' *'*•'• 
consist of three members of said board, one of whom shall 
annually, before the first day of July, be appointed by the 
governor, with the advice and consent of the council, for a 
term of three years, or for such shorter term as he may 
continue a member of the board. The governor may, at 
any time, terminate the service of any member of said 
bureau, and thereupon, or upon any member thereof ceasing 
to be a member of the board, he may appoint another mem- 
ber in his place. Each member of such bureau shall receive 
five dollars for each day of actual service and his travelling 
expenses, which shall be paid by the commonwealth out of 
the fund provided for in the following section. The bureau, 
under the general direction of the board of agriculture, 
shall inquire into the methods of making butter and cheese 
in creameries or cheese factories, investigate all dairy products 
and imitation dairy products bought or sold within the 
commonwealth, enforce the laws for the manufacture, transfer 
and sale thereof, and shall take such action as will tend 
to produce a better quality thereof and improve the dairy 
industry. The secretary of the board of agriculture shall 
be the executive officer and secretary of the bureau, subject 
to its control and direction. 



34 



General Acts, 1916. — Chap. 47. 



R. L. 89, § 4, 
etc., amended. 



Secretary of 
state board of 
agriculture, 
salary 
established. 



Time of taking 
effect. 



Section 2. 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, and by chapter two hundred and fifty of the General 
Acts of the year nineteen hundred and fifteen, is hereby 
further amended by striking out the words "twenty-five 
hundred", in the third and fourth lines, and inserting in 
place thereof the words: — three thousand, — so as to read 
as follows: — Section 4- The board may appoint, and pre- 
scribe the duties of, a secretary, who shall receive an annual 
salary of three thousand dollars, and who, with the ap- 
proval 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 publi- 
cations, unless otherwise provided for, shall be paid out of 
the appropriation for the dissemination of useful informa- 
tion in agriculture by the board. 

Section 3. This act shall take effect as of the first day 
of December in the year nineteen hundred and fifteen. 

Approved March 17, 1916. 



Loan.s and 

surrender 

values of life 

insiu-anco 

policies 

regulated. 



Chap. 47 An Act relative to loans and surrender values of 

l,IFE INSURANCE POLICIES. 

Be it enacted, etc., as follows: 

Section 1. No policy of life or endowment insurance 
providing for loans or surrender values, other than policies 
of industrial insurance, shall be issued or delivered in this 
commonwealth, unless it contains a provision that the com- 
pany may, at its option, defer the granting of any loan, 
other than to pay premiums on policies in the company, 
and may, at its option, defer the granting of any surrender 
value, for a period not exceeding ninety days from the date 
of the application for such loan or surrender value: pro- 
vided, that a foreign insurance company may issue in this 
commonwealth any policy containing provisions required 
by the laws of its own state respecting the deferring of loans 
or granting surrender values, and a domestic company may 
issue in other states policies which contain provisions re- 



Proviso. 



General Acts, 1916. — Chap. 48. 35 

lating to the deferring of loans or granting surrender values 
required by the laws of such states. 

Section 2. This act shall take effect on the first day of Jj|^^ "^ ^^'^''^^ 
January, nineteen hundred and seventeen; but any life 
insurance company may insert in policies issued or delivered 
in this commonwealth after the passage of this act and prior 
to said date, the provision set forth in section one hereof. 

A'pyroved March 21, 1916. 



An Act relative to the sale of wild fruits, berries Chap. 48 

AND FLOWERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty-five of the Revised Laws, as r. l. es, §15, 
amended in section fifteen thereof by chapter three hundred 
and seventy-seven of the acts of the year nineteen hundred 
and five, and by chapter three hundred and forty-five of 
the acts of the year nineteen hundred and six, is hereby 
further amended by striking out all of said section fifteen 
and inserting in place thereof the following: — Section 15. peXre'^may'^ 
Hawkers and pedlers may sell without a license books, news- seii certain 

/ •' . . . . .11 goods without 

papers, pamphlets, fuel, provisions, ice, live animals, brooms, license. 

agricultural implements, hand tools used in making boots 

and shoes, wild or uncultivated fruits, and berries and wild 

flowers, and the products of their own labor or of the labor 

of their families, including among such products fruits and 

agricultural products, if such sale is not made in violation of 

an ordinance or by-law of the city or town. Cities and cities and 

, . , , '^ . . . , towns may 

towns may by ordinance or by-law not inconsistent with regulate sales. 
the provisions of this chapter regulate the sale and exposing 
for sale by hawkers and pedlers of said articles, and may 
affix penalties for the violation of such regulations; and 
may require hawkers and pedlers of fruit and vegetables to 
be licensed, provided that the license fee does not exceed 
that prescribed by section nineteen of chapter sixty-five of 
the Revised Laws and amendments thereto for a license 
embracing the same territorial limits. But a person engaged ^^''^^ggn^ru^t"^ 
in the pursuit of agriculture who peddles fruits and vege- and vegetables, 
tables shall not be deemed a hawker or pedler under the 
provisions of this chapter. Approved March 21, 1916. 



36 



General Acts, 1916. — Chaps. 49, 50, 51. 



Chap. 49 An Act relative to the membership of the state board 

OF agriculture. 

Be it enacted, etc., as follows: 

Section 1. Chapter eighty-nine of the Revised Laws, as 
amended in section one thereof by section four of chapter 
one hundred and sixteen of the acts of the year nineteen 
hundred and two, is hereby further amended by striking 
out said section one and inserting in place thereof the fol- 
lowing: — Section 1. The governor, ex officio, the presi- 
dent of the agricultural college, the state forester, the secre- 
tary of the state board of agriculture, the commissioner of 
animal industry, one person appointed by and from the 
state federation of county leagues and farm bureaus, one 
person appointed by and from the Massachusetts society 
for promoting agriculture, one person appointed by and 
from each agricultural society which receives an annual 
bounty from the commonwealth, and three other persons 
appointed by the governor, with the advice and consent of 
the council, shall constitute the state board of agriculture. 

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

Approved March 21, 1916. 



R. L. 89, § 1. 
etc., amended. 



State board of 
agriculture, 
memberahip, 
etc. 



Chap. 50 An Act to prohibit the use of seines in essex river 

and the tributaries thereof. 

Be it enacted, etc., as follows: 

iY/Esiefdw, Section 1. It shall be unlawful to use any kind of seine 
etc., prohibited, f^j. ^]^g purposc of taking herring or other fish in the waters 

of Essex river or the tributaries thereof. 
Penalty. SECTION 2. Any violation of this act shall be punished 

for a first offence by a fine of not less than twenty-five or 
more than fifty dollars, or by imprisonment for not less 
than thirty or more than sixty days, or by both such fine 
and imprisonment, and for a second offence, by both such 
fine and imprisonment. Approved March 21, 1916. 



Chap. 51 An Act to regulate the setting of fires in the open 

AIR. 

Be it enacted, etc., as follows: 
Setting of fires Section 1. It shall bc uulawful within any city or 

in open air , , , _ . , 

regulated. town for any person to set, maintain or mcrease a fare in the 



General Acts, 1916. — ^ Chap. 51. 37 

open air between the first day of March and the first day 
of December except by written permission of the fire pre- 
vention commissioner for the metropohtan district within 
the said district, or of the forest warden or chief of the fire 
department in other cities and towns, or, in cities that have 
such an official, the fire commissioner: -provided, that debris Provisos. 
from fields, gardens and orchards, and leaves and rubbish 
from yards may be burned on ploughed fields b}' the owners 
thereof, their agents or lessees; and "provided, further, that 
persons above the age of eighteen years may set or maintain 
a fire for a reasonable purpose upon sandy land, or upon 
salt marshes or sandy or rocky beaches bordering upon tide 
water, if the fire is enclosed within rocks, metal or other 
non-infiammable material. In every case such a fire shall 
be at least two hundred feet distant from any sprout or 
forest land, and at least fifty feet distant from any building, 
and shall be properly attended until it is extinguished. The 
forest wardens in towns and officials performing the duties 
of forest wardens in cities shall cause public notice to be 
given of the provisions of this section and shall enforce the 
same. Whoever violates any provision of this section shall Penalty. 
be punished by a fine of not more than one hundred dollars, 
or by imprisonment for not more than one month, or by 
both such fine and imprisonment. 

Section 2. The provisions of the preceding section Restrictions. 
shall not apply to fires which may be set, maintained or in- 
creased within the metropolitan district in accordance with 
regulations and methods approved by the fire prevention 
commissioner for the said district, nor to fires which may be 
set for the purpose of suppressing gypsy and brown tail 
moths in accordance with regulations and methods approved 
by the state forester, nor to fires set or increased within the 
limits of any public wa}^ by the employees of the common- 
wealth or of any county, city or town in the performance 
of public work. 

Section 3. The state forester shall notify the forest Forest wardens 
warden in every town and the official performing the duties 
of forest warden in every city in the commonwealth of the 
passage of this act. 

Section 4. The state forester, the state fire warden or Certain officials 
any duly authorized assistant of the state forester, forest SrestT.'*''^ 
wardens in towns and officials performing the duties of 
forest wardens in cities, or any duly appointed deputy forest 
warden may arrest without warrant any person found in 



Fee for SECTION 1. The fee for the registration of motor trucks 

motortrucks owHcd by citles and towns of this commonwealth and used 



38 General Acts, 1916. — Chaps. 52, 53, 54. 

the act of setting, maintaining or increasing a fire in viola- 
tion of the provisions of this act. 
Repeals. SECTION 5, Sectiou twcuty-four of chapter thirty-two 

of the Revised Laws, and chapter two hundred and nine of 
the acts of the year nineteen hundred and eight, as amended 
by chapter two hundred and forty-four of the acts of the 
year nineteen hundred and eleven and by sections three 
and four of chapter four hundred and nineteen of the acts 
of the year nineteen hundred and twelve are hereby re- 
pealed. Approved March 21, 1916. 

Chap. 52 An Act relative to fees for the registration of motor 

TRUCKS OWNED BY CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

and'town^s.'" "'^ solely for municipal business shall, after the thirty-first day 
of December, nineteen hundred and sixteen, be two dollars. 
vi^ions^MT Section 2. So much of section twenty-nine of chapter 

to apply. gyrg hundred and thirty-four of the acts of the year nineteen 

hundred and nine, and the amendments thereof, as is in- 
consistent herewith shall not apply to the provisions hereof. 

Approved March 21, 1916. 

Chap. 53 An Act relative to the annual report of deaths re- 
quired to be made to the state department of health 
by boards of health in certain towns. 

Be it enacted, etc., as follows: 

^ertamannuli Section 1. Scction tw^clvc of chapter seventj'-five of 

reports to be thc Rcviscd Laws, w^hich requires certain annual reports to 

be made by boards of health in certain towns, is hereby 

repealed. 

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

Approved March 21, 1916. 

Chap. 54 An Act relative to the retirement of teachers and 

OTHER employees IN TRAINING SCHOOLS MAINTAINED 
UNDER THE DIRECTION OF THE BOARD OF EDUCATION. 

Be it enacted, etc., as follows: 
Sere^etc"! Section 1. All pcrsous employed as teachers in training 
training'" schools maintained and controlled by the board of educa- 

schooisT tion shall be considered as public school teachers for the 



General Acts, 1916. — Chap. 54. 39 

purposes of chapter eight hundred and thirty-two of the 
acts of the year nineteen hundred and thirteen and acts in 
amendment thereof and in addition thereto, and such a 
teacher upon becoming a member of the Teachers' Retire- 
ment Association shall thereafter pay to the Teachers' 
Annuity Fund assessments based upon his total salary in- 
cluding the part paid by the commonwealth: provided, that Proviso. 
the total assessments shall not exceed one hundred dollars 
in any one year. Such assessments shall be deducted in 
accordance with rules and regulations prescribed by the 
teachers' retirement board. Nothing herein contained 
shall apply to teachers regularly employed in the normal 
schools who devote some time to training school work, and 
are therefore subject to the provisions of chapter five hun- 
dred and thirty-two of the acts of the year nineteen hundred 
and eleven, and acts in amendment thereof and in addition 
thereto. 

Section 2. Teachers now members of the association Certain 
established by chapter five hundred and thirty-two of the hTvefuii'' 
acts of the year nineteen hundred and eleven and acts in contribuUons. 
amendment thereof and in addition thereto, who, under 
the provisions of this act, become members of the retire- 
ment association established by chapter eight hundred and 
thirty-two of the acts of the year, nineteen hundred and 
thirteen, and acts in amendment thereof and in addition 
thereto, shall have the full amount of their contributions, 
together with such interest as shall have been earned thereon, 
transferred in the manner prescribed by chapter one hun- 
dred and ninety-seven of the General Acts of the year nine- 
teen hundred and fifteen. 

Section 3. All other persons employed in the training Employees of 
schools maintained and controlled by the board of educa- ternrdo'fiMd. '' 
tion in buildings owned by the commonwealth shall be con- 
sidered employees of the commonwealth for the purposes of 
chapter five hundred and thirty-two of the acts of the year 
nineteen hundred and eleven, and acts in amendment 
thereof and in addition thereto. All other persons employed 
in the training schools maintained and controlled by the 
board of education in buildings not owned by the com- 
monwealth shall not be considered employees of the com- 
monwealth for the purposes of said act. 

Section 4. This act shall take effect on the -first day of Jj™^ ""^ ^^^"^^ 
July, nineteen hundred and sixteen. 

Ayyroved March 21, 1916. 



40 



General Acts, 1916. — Chaps. 55, 56. 



R. L. 75, § 52, 
etc., amended. 



ChaV 55 ^^ ^^'^ REQUIRING LOCAL BOARDS OF HEALTH TO NOTIFY 
THE STATE DEPARTMENT OF HEALTH OF CASES OF DANGER- 
OUS DISEASES. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-two of chapter seventy-five of 
the Revised Laws, as amended by section one of chapter 
four hundred and eighty of the acts of the year nineteen 
hundred and seven, is hereby further amended by striking 
out the words "smallpox, diphtheria, scarlet fever or of any 
other", in the third line, and inserting in place thereof 
the word: — any, — by striking out the word "board", in 
the fourth and sixth lines, and inserting in place thereof 
the word : — department, — and also by striking out the 
words "the secretary thereof shall forthwith transmit a 
copy of such notice to the state board of charity", in the 
eighth and ninth lines, and inserting in place thereof the 
words : — upon request the state department of health shall 
forthwith certify any such reports to the state board of 
charity, — so as to read as follows : — Section 52. If the 
board of health of a city or town has had notice of a case of 
any disease declared by the state department of health to 
be dangerous to the public health therein, it shall within 
twenty-four hours thereafter give notice thereof to the state 
department of health stating the name and the location of 
the patient so afflicted, and upon request the state depart- 
ment of health shall forthwith certify any such reports to 
the state board of charity. 

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

Approved March 21, 1916. 



Local boards 
of health to 
notify state 
department of 
health of cases 
of dangerous 



Chap. 56 An Act to enable the metropolitan park commission 

TO EMPLOY POLICE OFFICERS FOR TEMPORARY SERVICE. 



Metropolitan 
park commis- 
sion may 
employ police 
officers for 
temporary 
eervice. 



Provisos. 



Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission is au- 
thorized to appoint and employ as a call officer for temporary 
police duty on reservations and parkways under its control, 
any member of the reserve police force of any city or town 
within the metropolitan parks district, or any person on 
the list of the civil service commission as eligible for ap- 
pointment to any such reserve police force: provided, that 
no such person shall so be employed for more than six 
months, in all, in any calendar year; and provided, also, 



General Acts, 1916. — Chap. 56. 41 

that the assent of the chief of poHce of the city or town shall 
first be obtained for the employment of any member of the 
reserve police force of such city or town as herein provided. 
Employment by the said commission of any such reserve 
police officer shall not prevent his employment by the city 
or town in which he resides whenever his services may be 
required by the chief of police of the city or town. 

Section 2. Any person appointed or employed in accord- dSs^ ^"'^ 
ance with the provisions of this act shall, while on duty, 
have all the powers and authority conferred upon police 
officers of the metropolitan park commission by section 
three of chapter one hundred and twenty-one of the acts of 
the year eighteen hundred and ninety-seven. 

Section 3. The metropolitan park commission may, at Retirement. 
the request of any such call officer, if in the judgment of 
said commission he is disabled for useful service as such 
call officer, retire him from active service and place him 
upon the pension roll; providing a physician selected by 
the commission certifies in writing that such officer is per- 
manently disabled, either mentally or physically, and th^at 
by reason of injuries sustained through no fault of his in 
the actual performance of his duty as a call officer he is 
unable further to perform his duty as such officer; and 
every member so retired shall annually receive a pension 
equivalent to one half of what his annual compensation 
for continuous service throughout the year would have been 
at the rate of pay he received from said commission at 
the time when he received the injury. 

Section 4. The provisions of section twenty-three of provtsions 
chapter nineteen of the Revised Laws, and of chapter three °°* *° '^pp'^- 
hundred and fourteen of the acts of the year nineteen hun- 
dred and four shall not apply to the retirement of a police 
officer employed under this act. 

Section 5. If any officer employed under this act shall ^[dows'I^dT 
die from injuries received while in the discharge of his duty children. 
as an employee of the said commission, and shall leave a 
widow or, if no widow, any child or children under the age 
of sixteen years, a sum not exceeding six hundred dollars 
may be paid as an annuity to the widow so long as she re- 
mains unmarried, or for the benefit of the child or children 
so long as he or any one of them continue under the age of 
sixteen years, and the metropolitan park commission may. Commission 
from time to time, determine the amount of such annuity amoun™r° 
within the limits aforesaid. annuity. 



42 



General Acts, 1916. — Chap. 57. 



Pensions and 
annuities, 
how paid. 



Proviso. 



Section 6. Pensions and annuities granted under this 
act and any expenses connected therewith shall be paid out 
of the appropriations for the MetropoHtan Parks Mainte- 
nance Fund: provided, however, that such pensions, annuities 
and expenses shall not be paid out of any general appropria- 
tions made for the maintenance of lands, reservations or 
parkways under the care and control of said commission, 
but shall be provided for by specific appropriations for the 
• purpose. 

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

Apiwoved March 21, 1916. 



Chap, bl An Act relative to claims of cities and towns for the 

CARE OF TUBERCULOSIS CASES. 



1911, 597, § 1, 
etc., amended. 



Subsidy for 
cities and towns 
for care of tuber- '[ _ 
culosis cases 



Time limit 
for approval 
of claims. 



Be it enacted, etc., as follows: 

Section one of chapter five hundred and ninety-seven of 
the acts of the year nineteen hundred and eleven, as amended 
by section one of chapter six hundred and thirty-seven of 
the acts of the year nineteen hundred and twelve, is hereby 
further amended by striking out the said section and insert- 
ing in place thereof the following new section : — Section 
Every city or town which places its patients suffering 
from tuberculosis in a municipal or incorporated tuber- 
culosis hospital in this commonwealth, or in a building or 
ward set apart by a municipal or incorporated hospital 
in this commonwealth for patients suffering from tuber- 
culosis, shall be entitled to receive from the commonwealth 
a subsidy of five dollars a week for each patient who is 
unable to pay for his support, or whose kindred bound by 
law to maintain him, are unable to pay for the same; but 
a city or town shall not become entitled to this subsidy 
unless, upon an examination authorized or approved by the 
trustees of hospitals for consumptives, the sputum of such 
patients is found to contain bacilli of tuberculosis, nor unless 
the hospital building or ward is approved by said trustees, 
who shall not give such approval unless they have by au- 
thority of law, or by permission of the hospital, full authority 
to inspect the same at all times. Said trustees may at any 
time withdraw their approval. They shall not approve 
claims for subsidy hereunder for more than thirty days 
prior to the date when notice is mailed to them that a subsidy 
in any given case is claimed. Approved March 21, 1916. 



General Acts, 1916. — Chaps. 58, 59. 43 

An Act relative to the false stampincx and labelling Chap. 58 
OF receptacles containing articles of food and mis- 
representation in the sale of food products. 

Be it enacted, etc., as folloivs: 

Section twentv-four of chapter seventv-five of the Revised ^ l. 75, § 24 

1111 i"iiii> • ^^''•' amended. 

Laws, as amended by chapter two hundred and thirty-six 
of the acts of the year nineteen hundred and five and by 
chapter three hundred and five of the acts of the year nine- 
teen hundred and six, and by chapter seven hundred and 
ninety-five of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by striking out the said 
section and inserting in place thereof the following : — Sec- Penalty for 
tion 24- Whoever falsely stamps or labels any cans, jars etc^!ofX;ep-^' 
or other packages containing fruit or food of any kind, or ing'lrt'icre^'""" 
permits such stamping or labelling, or, except as hereinafter °^ ^°°'^- 
provided, violates any provision of sections sixteen to twenty- 
seven, inclusive, or sells or exposes for sale any meat or meat 
preparation, and falsely represents the same to be kosher, 
or as having been prepared in conformity with the orthodox 
Hebrew requirements; or falsely represents any food 
product or the contents of any package or container to have 
been so prepared, by having or permitting to be inscribed 
thereon the word " Kosher" in any language, shall be punished 
by a fine of not less than twenty-five or more than five 
hundred dollars; and whoever knowingly sells such goods 
so falsely stamped or labelled shall be punished by a fine of 
not less than ten or more than one hundred dollars. 

Approved March 21, 1916, 



An Act relative to the holding of annual town Qhav 59 

meetings. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eighty-four of the 1015,284 (G), 
General Acts of the year nineteen hundred and fifteen is ^' '*'""" 
hereby amended by striking out section one and inserting in 
place thereof the following new section: — Section 1. Any Date of certain 
town, upon its acceptance of this act, may provide that meethi&s°''" 
the election of town officers and the vote on the question 
of granting liquor licenses shall take place at any time 
within a week before or after the meeting held for the trans- 



44 



General Acts, 1916. — Chaps. 60, 61, 



action of all other business. The time and place of holding 
the meeting for such election and vote shall be stated in 
the warrant for the annual town meeting, and all the meet- 
ings above mentioned, or any adjournment thereof, shall be 
deemed parts of the annual town meeting. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1916. 

Chap. 60 An Act relative to refunds to members of the 
teachers' retirement association who withdraw 

FROM the service OF THE PUBLIC SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter eight hundred and 
thirty-two of the acts of the year nineteen hundred and 
thirteen is hereby amended by striking out paragraph (2) 
and inserting in place thereof the following new paragraph: ^ 
— (2) If such withdrawal shall take place before six annual 
assessments have been paid, the total amount to which such 
member is entitled as determined by the retirement board 
under the provisions of this act may be paid to him in one 
sum. 

Section 2. Paragraph (3) of section seven of said 
chapter eight hundred and thirty-two is hereby amended by 
striking out the word "ten", in the first line, and inserting 
in place thereof the word : — six, — so as to read as fol- 
lows : — (3) If such withdrawal shall take place after six 
annual assessments have been paid the amount so refunded 
shall be in the form of such annuity for life based on the 
contributions of such member, together with regular interest 
thereon, as may be determined by the retirement board 
according to its annuity tables, or in four annual instal- 
ments, as such member may elect. 

Section 3. This act shall take effect upon its passage. 

Approved March 21, 1916. 

Chap. 61 An Act relative to the penalty for taking, selling 

OR HAVING IN POSSESSION SHORT LOBSTERS. 

Be it enacted, etc., as follows: 

Section eighty-eight of chapter ninety-one of the Revised 
Laws, as amended b}^ chapter three hundred and three of 
the acts of the year nineteen hundred and seven, is hereby 
further amended by inserting after the word "not", in the 
eighth line, the words: — less than two or, — and by adding 



1913, 832, § 7, 
amended. 



Withdrawal of 
members of 
teachers' 
retirement 
association. 



1913, 832, § 7, 
amended. 



Form of 
annuity, etc. 



R. L. 91, § 88, 
etc., amended. 



General Acts, 1916. — Chap. 62. 45 

at the end thereof the words: — This act shall not apply 
to common carriers having lobsters in possession for the 
purpose of transportation, — so as to read as follows: — 
Section 88. Whoever sells or offers for sale or has in his Penalty for 

, J , 1 , 1 , , . .1 • taking, selling 

possession an uncooked lobster less than nnie mcnes m or having in 
length, or a cooked lobster less than eight and three quarters i^blferT" 
inches in length, measuring from the extremity of the bone 
protruding from the head to the end of the bone of the 
middle flipper of the tail of the lobster, extended on its 
back its natural length, shall forfeit not less than two or 
more than five dollars for every such lobster, one half to 
the use of the city or town in which the ofTence is committed 
and one half to the Commonwealth; and in all prosecutions 
under the provisions of this section any mutilation of a 
lobster, cooked or uncooked, which affects its measure- 
ment shall be prima facie evidence that the lobster is less 
than the required length and the possession of any lobster, 
cooked or uncooked, which is not of the required length 
shall be prima facie evidence to convict. This act shall Restriction. 
not apply to common carriers having lobsters in possession 
for the purpose of transportation. 

Ajjproved March 21, 1916. 

An Act relative to the payment by cities and towns Chap. 62 

OF BONDS ISSUED FOR WATER SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter seven hundred i9i3, tio § h, 
and nineteen of the acts of the year nineteen hundred and 
thirteen is hereby amended by adding at the end thereof 
the following : — provided, however, that in the case of bonds 
or notes issued in accordance with clause (2) of section 
six of this act the first of such annual payments shall be 
made not later than three years after the date of the bonds 
or notes issued therefor, — so as to read as follows : — Sec- Payment by 

,. i I r^'^' ^ J. Ill J. - J. ■ ui cities and towns 

tion I4. Cities and towns shall not issue any notes payable of bonds issued 
on demand, and they shall provide for the payment of all suppiy*^'^ 
debts, except those incurred under the provisions of sections p^^'pos^s- 
three, four and nine, by such annual payments as will ex- 
tinguish the same at maturity, and so 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 so that the amount of such annual 
payments in any year on account of such debts, so far as 



46 General Acts, 1916. — Chap. 63. 

issued, shall not be less than the amount of principal payable 
in any subsequent year, and such annual amount, together 
with the interest on all debts, shall, without further vote. 

Proviso. be assessed until the debt is extinguished: provided, how- 

ever, that in the case of bonds or notes issued in accordance 
wdth clause (2) of section six of this act the first of such 
annual payments shall be made not later than three years 
after the date of the bonds or notes issued therefor. 

amendld*^^'^^' ^ECTioN 2. Scctiou five of chapter eighty-five of the 
General Acts of the year nineteen hundred and fifteen is 
hereby amended by adding at the end thereof the follow- 
ing : — ■provided, however, that the first of such annual pay- 
ments on account of a loan incurred for the original con- 
struction or purchase of a water works system shall be 
made not later than three years after the date of the bonds 

d^tnlts to ^^ notes issued therefor, — so as to read as follows : — Sec- 

providofor //o/i 5. Districts sliall uot issue any notes pa^'able on 

annual pay- . , ,, in • ^ p ^ i>ii 

ments on notes, demand, and they shall provide tor the payment or all 
debts, except those incurred under the provisions of sec- 
tions 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 
payable in any subsequent year; and such annual amounts, 
together with the interest on all debts, shall, without further 

Proviso. vote, be assessed until the- debt is extinguished: 'provided, 

however, that the first of such annual payments on account 
of a loan incurred for the original construction or purchase 
of a water works system shall be made not later than three 
years after the date of the bonds or notes issued therefor. 
Section 3. This act shall take effect upon its passage. 

Approved March 21, 1916. 

Chap. 63 An Act relative to the packing, grading and sale of 

APPLES. 

Be it enacted, etc., as follows: 

Imended!^^'^^' SECTION 1. Chapter two hundred and sixty-one of the 
General Acts of the vear nineteen hundred and fifteen "is 



General Acts, 1916. — Chap. 63. 47 

hereby amended by striking out section two and inserting in 
place thereof the following: — Section 2. The standard ^p'^i^^j^^^gj^^j 
grades of apples when packed or repacked in closed packages "Massachusetts 
within this commonwealth shall be as follows: — "Massa- Fancy." 
chusetts Standard Fancy" shall include only apples of one 
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, that apples of one variety which are Proviso, 
not more than three per cent below the foregoing speci- 
fications may be graded as " Massachusetts Standard 
Fancy". 

"Massachusetts Standard A" shall include only apples "Massachusetts 
of one variety which are well matured specimens, properly Standard a. 
packed, of medium color for the variety, normal shape, 
sound, practically 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. 
apples of one variety which are not more than five per cent 
below the foregoing specifications may be graded as "Mas- 
sachusetts Standard A". 

"Massachusetts Standard B" shall include only apples "Massachusetts 
of one variety, which are well matured, 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 variety: pro- Proviso. 
vided, that apples of one variet,y which are not more than 
ten per cent below the foregoing specifications may be 
graded as "Massachusetts Standard B". 

"Ungraded". Apples not conforming to the foregoing "Ungraded." 
specifications of grade, or, if conforming, not branded in 
accordance therewith, shall be classed as ungraded and so 
branded. 

Section 2. Section three of said chapter two hundred amended*^^'^^' 
and sixty-one is hereby amended by striking out the word 
"two", in the fifth line, and by inserting in place thereof 
the word : — five, — • so as to read as follows : — Section 3. d^ignation 
The marks indicating the grade, as above prescribed, may of grades. 
be accompanied by any other designation of grade or brand 
if such designation is not inconsistent with, or marked more 



48 



General Acts, 1916. — Chap. 64. 



1915, 261(G), §8, 
amended. 



Adulterated 
apples, term 
defined. 



1915, 261 (G), 
§ 10, amended. 



Cold storage 
apples. 



conspicuously on the package than, the mark or marks 
required by section five of this act. 

Section 3. Section eight of said chapter two hundred 
and sixty-one is hereby amended by adding at the end there- 
of the words : — or if the faced or shown surface gives a 
false representation of the contents of the package, — so as 
to read as follows : — Section 8. For the purposes of this 
act, apples packed in a closed package shall be deemed to 
be adulterated if their measure, quality or grade does not 
conform in every particular to the brand or mark upon or 
affixed to the package, or if the faced or shown surface gives 
a false representation of the contents of the package. 

Section 4. Section ten of said chapter two hundred and 
sixty-one is hereby amended by striking out all of said section 
after the word "agriculture", in the fifth line, so as to read 
as follows: — Section 10. Apples which have been in cold 
storage shall not be sold or distributed, or offered or exposed 
for sale or distribution, in closed packages until they have 
been inspected in accordance with rules and regulations to 
be prescribed by the secretary of the state board of agri- 
culture. Ajjproved March 22, 1916. 



Chap. 64 An Act relative to the issue of securities by hydro- 
electric COMPANIES. 



Issue of 
stock, etc., by 
hydro-electric 
companies. 



Be it enacted, etc., as follows: 

Section 1. An electric company which owns or oper- 
ates an hydro-electric plant or plants may, subject to all 
provisions of law governing the issue of capital stock by 
electric companies, issue preferred stock to such amount, 
not exceeding twice the amount of the general or common 
stock then outstanding, as the board of gas and electric 
light commissioners may from time to time approve; and, 
in approving, under the provisions of section thirty-nine of 
chapter seven hundred and forty-two of the acts of the 
year nineteen hundred and fourteen, the issue of stock 
or bonds by an hydro-electric company which has thereto- 
fore issued and has outstanding stock or bonds for which 
the approval of said board was not required, the board 
may direct that such new stock or bonds shall bear some 
distinctive designation. 

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

Approved March 22, 1916. 



General Acts, 1916. — Chaps. 65, 66. 49 



An Act to increase the appropriation for the en- Chap. 65 

FORCEMENT OF THE STATUTES RELATIVE TO EXPLOSIVES 
AND INFLAMMABLE FLUIDS AND COMPOUNDS. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and twenty-one of ^^'^^;^^2i. § '• 
the acts of the year nineteen hundred and fourteen is hereby 
amended by striking out section one and inserting in place 
thereof the following: — Section 1. There shall annually Appropriation 

" „ , for enforcement 

be allowed and paid out of the treasury of the common- of statutes 
wealth, from the first day of December, nineteen hundred explosives, etc., 
and fifteen, a sum not exceeding two thousand seven hun- ^'^'^'^^^^ ■ 
dred and fifty dollars, to be expended by the chief of the 
district police for the employment of expert assistance to 
aid in the enforcement of the statutes relative to explosives 
and inflammable fluids and compounds. 

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

Approved March 22, 1916. 

An Act relative to the employment of certain minors Chap. 66 

IN THE summer SEASON. 

Be it enacted, etc., as follows: 

The second paragraph of section seventeen of chapter lois. 779. § 17, 
seven hundred and seventy-nine of the acts of the year ^'"''" 
nineteen hundred and thirteen is hereby amended by adding 
at the end thereof the following: — provided, hoioever, that 
children who are over fourteen but under sixteen years of 
age and who do not possess such ability to read, write and 
spell in the English language as is required for the com- 
pletion of the fourth grade of the public schools of the city 
or town in which they reside, may be granted an employ- 
ment certificate good for the summer vacation, subject to 
all other provisions relating to the employment of children 
between fourteen and sixteen years of age, — so that said 
second paragraph will read as follows : — No such school Employment 
record shall be issued or accepted and no employment "^'^^^j*^}]^^, 
certificate shall be granted unless the child possesses the 
educational qualifications enumerated in section one of 
chapter forty-four of the Revised Laws as amended by 
section one of this act: provided, hoivever, that children who Proviso. 
are over fourteen but under sixteen years of age and who 
do not possess such ability to read, write and spell in the 



summer season. 



50 



General Acts, 1916. — Chap. 67. 



English language as is required for the completion of the 
fourth grade of the public schools of the city or town in 
which they reside, may be granted an employment cer- 
tificate good for the summer vacation, subject to all other 
provisions relating to the employment of children between 
fourteen and sixteen years of age. 

Approved March 22, 1916. 



1909, 504, § 32, 
anionded. 



Chap. 67 An Act relative to the qualifications of physicians 

CERTIFYING TO INSANITY. 

Be it enacted, etc., as jollows: 

Section thirty-two of chapter five hundred and four of 
the acts of the year nineteen hundred and nine is hereby 
amended by adding at the end thereof the words : — except 
that one physician on the medical staff of the psychopathic 
department of the Boston state hospital who is duly qualified 
as hereinbefore provided, and who shall be designated by 
the state board of insanity, may sign certificates for the 
commitment of insane persons who have been admitted to 
that department for temporary care pending the determina- 
tion of their insanity or as voluntary inmates, and who are 
to be committed to the Boston state hospital, but such 
physician, if a salaried officer of the said hospital, shall 
not be entitled to any fees, — so as to read as follows: — 
Section 32. A physician shall not make a certificate of 
insanity unless he makes oath that. he is a graduate of a 
legally chartered medical school or college, that he has been 
in the actual practice of medicine for three years since his 
graduation and for three years last preceding the making of 
said oath, and that he is registered in accordance with the 
provisions of chapter seventy-six of the Revised Laws, nor 
unless his standing, character and professional knowledge of 
insanity are satisfactory to the judge. A physician who 
makes such certificate shall have examined the alleged 
insane person within five days of his signing and making 
oath to the certificate, and shall state therein that in his 
opinion such person is insane and a proper subject for treat- 
ment in a hospital for the insane, and the facts on which 
his opinion is based. A copy of the certificate, attested by 
the judge, shall be delivered with the insane person to the 
superintendent of the hospital or receptacle to which the 
person shall have been committed, to be kept on file with 
the order of commitment, and he shall forthwith transmit 



Qualifications 
of physicians 
certifying to 
insanity. 



Attested 
certificate to 
accompany in- 
sane person. 



General Acts, 1916. — Chap. 68. 51 

to the state board of insanity copies of such certificate, of 
the statement required by the provisions of section thirty- 
three and of the order of commitment. A certificate bearing Restrictions. 
date more than ten days prior to the commitment of any 
person alleged to be insane shall be void, and no certificate 
shall be valid or received in evidence if signed by a physician 
holding any ofhce or appointment, other than that of con- 
sulting or advisory physician, in a hospital or receptacle for 
the insane to which such person is committed, except that 
one physician on the medical staff of the psychopathic de- 
partment of the Boston state hospital who is duly qualified 
as hereinbefore provided, and who shall be designated by 
the state board of insanity, may sign certificates for the 
commitment of insane persons who have been admitted to 
that department for temporary care pending the determina- 
tion of their insanity or as voluntary inmates, and who are 
to be committed to the Boston state hospital, but such 
physician, if a salaried officer of the said hospital, shall not 
be entitled to any fees. Aj^proved March 22, 1916. 

An Act relative to assessors in cities where assessors Chap. 68 

ARE elected. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of Part I of chapter two lois, 267 (G), 
hundred and sixty-seven of the General Acts of the year amended. ' 
nineteen hundred and fifteen is hereby amended by insert- 
ing after the word "committee", in the third line, the 
words : — and assessors if assessors are elected by the people, 
— so as to read as follows: — Section 16. No primary or certain cities 
caucus for municipal officers shall be held. Candidates pdmaryVr 
for mayor, city council and school committee, and assessors ^Sipai 
if assessors are elected by the people, shall be nominated offices. 
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 2. Section seventeen of Part I of the said p^Vu"^§iP^' 
chapter two hundred and sixty-seven is hereby amended by amended, 
inserting after the word "councillors-elect", in the second 
and third lines, the words: — and assessors-elect, if such 
assessors are elected by the people, — so as to read as fol- 
lows: — Section 17. On the first ]\Ionday in January at Certain officials 
ten o'clock in the forenoon, the mayor-elect and the council- time, etc. 



52 



General Acts, 1916. — Chaps. 69, 70. 



Municipal 
court of Boston 
may appoint 
a seventh as- 
sistant clerk, 
etc. 



R. L. 160, § 64, 
etc., amended. 



lors-elect, and assessors-elect, if such assessors are elected 
by the people, shall meet and be sworn to the faithful dis- 
charge 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. 

Ayyroved March 22, 1916. 

Chap. 69 An Act to provide an additional assistant clerk and 

AN additional COURT OFFICER IN THE MUNICIPAL COURT 
OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The clerk of the municipal court of the 
city of Boston for civil business may appoint, in the manner 
provided by section fifty-eight of chapter one hundred and 
sixty of the Revised Laws, a seventh assistant clerk, who 
shall receive a salary of seventeen hundred dollars annually. 

Section 2. Section sixty-four of chapter one hundred 
and sixty of the Revised Laws, as amended by chapter three 
hundred and eighty-six of the acts of the year nineteen 
hundred and nine, is hereby further amended by striking 
out the word "three", in the fourth line, and inserting in 
place thereof the word: — four, — so as to read as follows: 
— Section 64- The justices of the municipal court of the 
city of Boston, or a majority of them, shall appoint officers 
for attendance upon the sessions of the court, not exceeding 
eight for criminal business and four for civil business, and 
may at any time remove said officers for a cause which is 
considered by the justices to be sufficient, and shall fill any 
vacancy which is caused by removal or otherwise. Such 
officers may serve the warrants, mittimuses, precepts, orders 
and processes of said court. 

Section 3. This act shall take effect upon its passage. 

Aijproved March 23, 1916. 

Chap. 70 An Act to increase the nltmber of masters in chancery 

IN the county of NORFOLK. 

Be it enacted, etc., as follows: 

ftc^amLdel: Section 1. Section fifty-two of chapter one hundred and 
sixty-five of the Revised Laws, as amended by chapter three 



Justices of 
Boston munic- 
ipal court may 
appoint court 
officers, etc. 



General Acts, 1916. — Chaps. 71, 72. 53 

hundred and forty-eight of the acts of the year nineteen 
hundred and four, by chapter four hundred and eleven of 
the acts of the year nineteen hundred and fourteen, and by 
chapter three hundred and four of the General Acts of the 
year nineteen hinidred and fifteen, is hereby further amended 
by inserting after the word "Worcester", in the sixth line, 
the words: — six in Norfolk, — so as to read as follows: — 
Section 52. The governor, with the advice and consent Number of 

„ , •1111 • • • masters in 

or the council, shall, as vacancies occur, appoint masters in chancc^ry in 
chancery so that the number thereof in the several counties increased, etc. 
shall be twelve in Suffolk, eleven in Essex, eleven in Middle- 
sex, seven in Worcester, six in. Norfolk, and not more than 
five in any other county. They shall be sworn, and shall 
hold their offices for a term of five years, unless sooner re- 
moved by the governor and the council. 
Section 2. This act shall take effect upon its passage. 

Approved March 23, 1916. 

An Act to provide for further clerical assistance (J hap. 71 
IN the municipal court of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The clerks of the municipal court of the Further clerical 

•, p Tt , (• ••! i'*ii' 1 assistance for 

City or boston tor civil and criminal business may each Boston munic- 
expend for clerical assistance such amounts, in addition to *^'"=°^*- 
those now allowed by law, as the justices of said court may 
from time to time determine to be necessary, all such in- 
creases to be subject to the approval of the county commis- 
sioners of the county of Suffolk. 
Section 2. This act shall take effect upon its passage. 

Approved March 23, 1916. 

An Act to provide that reports of impartial phy- (Jjiajy 72 

SICIANS shall be ADMISSIBLE IN EVIDENCE IN PROCEED- 
INGS FOR THE COMPENSATION OF INJURED EMPLOYEES. 

Be it enacted, etc., as follows: 
Section 1. Section eight of Part III of chapter seven 1911,751, 

1. -p _x TTT R fi 

hundred and fifty-one of the acts of the year nineteen hun- etc., amended. 
dred and eleven, as amended by section ten of chapter 
seven hundred and eight of the acts of the year nineteen 
hundred and fourteen, is hereby further amended by adding 
at the end thereof the words: — The report of the physician 
shall be admissible as evidence in any proceeding before the 



54 



General Acts, 1916. — Chap. 73. 



Industrial 
accident board 
to appoint 
physicians to 
examine injured 
employees. 



Report to be 
admissible as 
evidence in 
certain pro- 
ceedings. 



industrial accident board or a committee of arbitration, 
provided that the employee and insurer have seasonably 
been furnished with copies thereof, — so as to read as fol- 
lows: — Section 8. The industrial accident board or any 
member thereof may appoint a duly qualified impartial 
physician to examine the injured employee and to report. 
The fee for this service shall be five dollars and travelling ex- 
penses, but the board may allow additional reasonable 
amounts in extraordinary cases, and the association shall 
reimburse the board for the amount so paid. The report of 
the physician shall be admissible as evidence in any pro- 
ceeding before the industrial accident board or a com- 
mittee of arbitration, provided that the employee and 
insurer have seasonably been furnished with copies thereof. 
Section 2. This act shall take effect upon its passage. 

Ap-proved March 23, 1916. 



1914, S8. § 1, 
amended. 



Chap. 73 An Act to provide for sessions of the probate court 

IN the county of BRISTOL AT ATTLEBORO. 

Be it enacted, etc., as follows: 

Section one of chapter eighty-eight of the acts of the 
year nineteen hundred and fourteen is hereby amended by 
striking out the word "and", where it occurs the second 
time in the seventh line, and by adding at the end thereof 
the following: — and at Attleboro on the fourth Friday of 
January, March, IMay, June, September and November, — 
so as to read as follows : — Section 1 . The probate court 
for the county of Bristol shall be held at Fall River on the 
first Friday of January, April, July and October, on the 
third Friday of February, ]\Iay and November, and on the 
second Friday of September; at New Bedford, on the first 
Friday of February, May, August and November, and on 
the third Friday of JNIarch, June and September; at Taunton 
on the first Friday of ]\Iarch, June, September and Decem- 
ber; on the second Friday of January, February, March, 
April, May, June, October, November and December, and 
on the third Friday of January, April, October and Decem- 
ber; and at Attleboro on the fourth Friday of January, 
March, May, June, September and November. 

Approved March 23, 1916. 



Sessions of the 
probate court 
for Bristol 
county. 



General Acts, 1916. — Chaps. 74, 75. 55 



An Act relative to the granting of hunters' licenses Chap. 74 

TO MINORS. 

Be it enacted, etc., as follows: 

Section 1. A hunter's license, under the provisions of himtS^"^ 
chapter six hundred and fourteen of the acts of the year Jj^^'^JJ,*'^^ *° 
nineteen hundred and eleven and amendments thereof, shall 
not be granted to minors under eighteen years of age as a 
matter of right, but the clerk of any city or town may, 
in his discretion, issue a license to any such minor provided 
that the minor applies therefor in writing, and files a state- 
ment signed by his parents or guardian consenting to the 
granting of the license. The consent of the parents or 
guardian shall be preserved by the clerk as a part of the 
record of the case. 

Section 2. Section seven of chapter six hundred and Repeal, etc. 
fourteen of the acts of the year nineteen hundred and eleven 
is hereby repealed, and so much of any other section of the 
said chapter as is inconsistent herewith shall not apply to 
the provisions of this act. Ayyvoved March 23, 1916. 

An Act to prohibit the pledge, mortgage, sale, assign- Chap. 75 
ment or transfer of pensions granted by the com- 
monwealth OR BY ANY COUNTY, CITY OR TOWN. 

Be it enacted, etc., as follows: 

Any pledge, mortgage, sale, assignment, or transfer here- Pledge, mort- 
after made of any right, claim, or interest in any pension ofleVtain' 
which has been, or may hereafter be granted by the com- hfbftedf '^'^°' 
monwealth or by any county, city or town, shall be void 
and of no effect, and any person who shall be a party to 
such pledge, mortgage, sale, assignment or transfer of any 
right, claim, or interest in any pension, or pension certifi- 
cate, which has been, or may hereafter be granted or issued 
by the commonwealth or by any county, city or town, 
or who shall hold the same as collateral security for any 
debt or promise, or upon any pretext of such security or 
promise, shall be guilty of a misdemeanor, and upon con- Penalty, 
viction thereof shall be punished by a fine not exceeding one 
hundred dollars. Approved March 24, 1916. 



56 



General Acts, 1916. — Chaps. 76, 77. 



R. L. 225, § 96, 
etc., amended. 



Chap. 76 An Act relative to the transfer of prisoners from 

THE state prison TO THE PRISON CAMP AND HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. Section ninety-six of chapter two hundred 
and twenty-five of the Revised Laws, as amended by section 
one of chapter two hundred and forty of the acts of the 
year nineteen hundred and five, is hereby further amended 
by striking out the words "temporary industrial camp for 
prisoners", in the fourth fine, and inserting in place thereof 
the words: — camp section of the prison camp and hospital, 
and from the state prison such prisoners other than those 
serving sentences for life as have shown by their conduct 
and disposition that they would be amenable to less rigorous 
discipline and would benefit from work in the open air, 
— so as to read as follows : — Section 96. They may re- 
move prisoners from the Massachusetts reformatory, the 
state farm, and the jails and houses of correction to the 
camp section of the prison camp and hospital, and from 
the state prison such prisoners other than those serving 
sentences for life as have shown by their conduct and dis- 
position that they would be amenable to less rigorous disci- 
pline and would benefit from work in the open air, and 
may, at any time, return them to the place of imprison- 
ment from which they were removed. 

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

Approved March 24, 1916. 



Transfer of 
prisoners from 
certain institu- 
tions to the 
prison camp 
and hospital. 



Chap. 77 An Act to authorize the Massachusetts highway com- 
mission TO discontinue a section of state highway in 

THE TOWNS OF NORWOOD AND WESTWOOD. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is 
hereby authorized to discontinue as a state highway that 
part of Washington street in the towns of Norwood and 
Westwood between the points at which the said street 
intersects a new way laid out by the county commissioners 
of the county of Norfolk in the year nineteen hundred and 
twelve, by filing in the office of the clerk of the said com- 
missioners and in the offices of the town clerks of Norwood 
and Westwood a certified copy of a plan showing the said 
part of the said street and of a certificate that it has been 



Massachusetts 
highway com- 
mission may 
discontinue 
section of 
certain state 
highway. 



General Acts, 1916. — Chap. 78. 57 

discontinued as a state highway; and thereafter that part 
of the highway so discontinued shall be a county way. 
Section 2. This act shall take effect upon its passage. 

Approved March 27, 1916. 

An Act relative to the sale of poisons. Chap. 78 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and l^c.^'amenled. 
thirteen of the Revised Laws, as amended by chapter two 
hundred and sixty-three of the acts of the year nineteen 
hundred and twelve and by chapter five hundred and 
eighty-five of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by striking out the 
words "laudanum, McMunn's elixir, morphia or any of its 
salts", in the sixth and seventh lines, and by striking out 
the word "opium", in the seventh line, so as to read as fol- 
lows: — Section 2. Whoever sells arsenic (arsenious acid), ^5X16^°'^°"^ 
atropia or any of its salts, chloral hydrate, chloroform, 
cotton root and its fluid extract, corrosive sublimate, cyanide 
of potassium, Donovan's solution, ergot and its fluid ex- 
tract, Fowler's solution, oil of pennyroyal, oil of savin, 
oil of tansy, Paris green, Parson's vermin exterminator, 
phosphorus, prussic acid, "rough on rats", strychnia or any 
of its salts, tartar emetic, tincture of aconite, tincture of • 
belladonna, tincture of digitalis, tincture of nux vomica, 
tincture of veratrum viride, compounds of fluorine, or 
carbolic acid, without the written prescription of a phy- 
sician, shall affix to the bottle, box or wrapper containing 
the article sold a label of red paper upon which shall be 
printed in large black letters the name and place of business 
of the vendor and the words POISON and ANTIDOTE, 
and the label shall also contain the name of an antidote, 
if any, for the poison sold. He shall also keep a record of R^°^d of sales. 
the name and quantity of the article sold and of the name 
and residence of the person or persons to whom it was de- 
livered, which shall be made before the article is delivered 
and shall at all times be open to inspection by the officers 
of the district police and by the police authorities and 
officers of cities and towns; but no sale of cocaine or its 
salts shall be made except upon the prescription of a physi- 
cian. Whoever neglects to affix such label to such bottle. Penalty. 
box or wrapper before delivery thereof to the purchaser or 
whoever neglects to keep or refuses to show to said officers 



58 General Acts, 1916. — Chaps. 79, 80. 

such record or whoever purchases any of said poisons and 
gives a false or fictitious name to the vendor shall be punished 
Exemptions. by a fine of not more than fifty dollars. The provisions of 
this section shall not apply to sales by wholesale dealers or 
manufacturing chemists to retail dealers, or to a general 
merchant who sells Paris green, London purple or other 
arsenical poisons in unbroken packages containing not less 
than one quarter of a pound, for the sole purpose of de- 
stroying potato bugs or other insects upon plants, vines or 
trees, except that he shall record each sale and label each 
package sold, as above provided. Nor shall the provisions 
of this section apply to sales of compounds containing not 
more than fifty per cent of sodium fluoride intended solely 
for the destruction of roaches, ants or other household 
insects when sold in sealed metal packages containing not 
less than one fourth of a pound plainly labelled in such a 
manner as to show the purposes for which the preparation 
is intended. 

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

Apyroved March 28, 1916. 

Chap. 79 An Act relative to the use and management of public 

MARKETS established BY CITIES AND TOWNS. 

. Be it enacted, etc., as follows: 

ImendeV^^' Section 1. Chapter one hundred and nineteen of the 

General Acts of the year nineteen hundred and fifteen is 

hereby amended by adding at the end thereof the following 

Use and scctiou : — Sectiou 3. Any city or town which maintains a 

puburmaTkete pubHc market or market place in accordance with the pro- 

t'owns!*"* '^"'^ visions of this act may make rules and regulations for the 

use and management thereof, subject to the approval of the 

secretary of the state board of agriculture, and may attach 

penalties for their violation. 

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

Approved March 29, 1916. 

Chap. 80 An Act to extend the secrecy of the Australian 

BALLOT TO BLIND AND OTHER PHYSICALLY DISABLED 
VOTERS. 

Be it enacted, etc., as follows: 
1913.^835^ § 294. SECTION 1. Scctiou two hundred and ninety-four of 
chapter eight hundred and thirty-five of the acts of the 



General Acts, 1916. — Chap. 81. 59 

year nineteen hundred and thirteen is liereby amended by 

striking out all after the word "by", in the seventh line, 

and inserting in place thereof the following: — any qualified 

\-oter whom the aforesaid voter may designate, — so as to 

read as follows: — Section 294- A voter who declares on Certain voters 

oath to the presiding officer that he had the right to vote ^JtanceTn''''' 

on the first day of May in the year eighteen hundred and '"^ki'^e ballots. 

fifty-seven and cannot read, or that from blindness or other 

physical disability he is unable to prepare his ballot or 

register his vote upon a voting machine, shall be assisted in 

such marking or registering by any qualified voter whom 

the aforesaid voter may designate. 

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

Approved March 29, 1916. 

An Act relative to registration of voters. Chap. 81 

Be it enacted, etc., as follows: 

Section fifty-two of chapter eight hundred and thirty-five lois, 835. § 52, 
of the acts of the year nineteen hundred and thirteen is '*'"''" 
hereby amended by striking out the word "an", in the 
fourth line, and inserting in place thereof the words: — a 
primary or, — and by inserting after the word "next", in 
the eleventh line, the words : — primary or, — so as to 
read as follows : — Section 52. If a registered voter com- illegal or incor- 

, . , J, . , -I .. • . • •,• rect registration 

plains to the registrars or election commissioners, in writing for primaries 
under oath in a city fourteen days at least, or in a town °r elections. 
four days at least, before a primary or election or town 
meeting, that the complainant has reason to believe and 
does believe that a certain person by him therein named has 
been illegally or incorrectly registered, and setting forth 
the reasons for such belief, the registrars or election com- 
missioners shall examine into such complaint, and if satis- 
fied that there is sufficient ground therefor, they shall sum- 
mon the person complained of to appear before them at a 
certain place and time before the next primary or election 
or town meeting to answer to the matters set forth in the 
complaint, and the substance of the complaint and a copy 
of this and the following section shall be set forth in the 
summons. Service of the summons shall be made by an ^0^|cBof 
officer qualified to serve civil or criminal process, not more 
than fourteen nor less than two days before the day named 
for appearance, by delivering in hand a copy of the summons 
to the person therein summoned, or by leaving it at the 



summons. 



60 General Acts, 1916. — Chap. 82. 



summons. 



^m^L°= place of alleged illegal or incorrect registration, if no later 

residence of such person appears on the register, and in that 
event at such later residence if the officer finds that such 
person resides at such place or later residence, as the case 
may be, or if he was formerly there and has changed his 
residence, then by leaving it at the place to which he has 
moved, if it is within the officer's jurisdiction and can be 
ascertained by inquiry at such place or later residence; 
but if the officer cannot make personal service, and cannot 
ascertain the residence of the person complained of, the 
copy of the summons shall be left at such person's last 
residence, if any, known to the officer within his jurisdic- 
tion; and the officer shall return the summons to the regis- 
trars or election commissioners before the day named for 
appearance, with the certificate of his doings indorsed 
thereon. Ayiwoved March 29, 1916. 



Chap. 82 An Act to exempt certain illiterate married women 

FROM COMPULSORY ATTENDANCE AT EVENING SCHOOLS. 

Be it enacted, etc., as follows: 

1913, 467, § 1, Section 1 . Section one of chapter four hundred and 

sixty-seven of the acts of the year nineteen hundred and 

thirteen is hereby amended by inserting after the word 

"age", in the second line, the words: — except married 

Certain womcu, — SO as to read as follows: — Section 1. Every 

riedToniMr' illiterate minor between sixteen and twenty-one years of 

co^u^isory""" ^gc, cxccpt married women, shall attend some public even- 

attendanceat [j^„ scliool in the city or towu iu which he resides for the 

ovenmg schools. , . . , . S • i i it • i i 

whole tmie durmg which the pubhc evenmg schools are in 
Proviso. session: provided, that such city or town maintains a public 

evening school. Attendance at a public day school, or at 
a private school approved for the purpose by the school 
committee, shall exempt such minor from attending a public 
evening school. This act shall not affect any existing laws 
regarding the compulsory school attendance of illiterate 
minors or their employment, but shall be in addition to 
such laws. 

Section 2. This act shall take effect upon its passage. 
{The foregoing was laid before the governor on the twenty- 
third day of March, 1916, and after five days it had "the force 
of a law", as prescribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 



General Acts, 1916. — Chap. 83. 61 



An Act to provide for returns of property of (Jfidj) 33 

FOREIGN corporations SITUATED WITHIN THE COMMON- 
WEALTH AND SUBJECT TO LOCAL TAXATION THEREIN. 

Be it enacted, etc., as jolloics: 

Section 1 . Section fifty-four of Part III of chapter 1909, 49o^ § -^4. 
four hundred and ninety of the acts of the year nineteen 
hundred and nine, as amended by chapter one hundred and 
sixty-seven of the General Acts of the year nineteen hun- 
dred and fifteen, is hereby further amended by striking 
out all after the word "report", in the nineteenth line, and 
inserting in place thereof the following: — 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, beginning in the 
year nineteen hundred and seventeen, prepare and file in 
the office of the tax commissioner a return, in such form 
and with such detail as the tax commissioner may pre- 
scribe, signed and sworn to by its treasurer, showing all its 
property, 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 54. SrporaJons'^° 
Every foreign corporation shall annually, within thirty fil^^nntar 
davs after the date fixed for its annual meeting, or within certificate of 

inii* (••!• 1 condition. 

thirty days after the final adjournment 01 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 certificate 
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 
or of the last annual report. Every foreign corporation Tax return, 
which has property within the commonwealth subject to 
taxation under the laws thereof, shall annually, between the 
first and tenth days of April, beginning in the year nineteen 



62 General Acts, 1916. — Chaps. 84, 85. 

Tax return. hundred and seventeen, prepare and file in the office of the 
tax commissioner a return, in such form and with such 
detail as the tax commissioner may prescribe, signed and 
sworn to by its treasurer, showing all its property, real and 
personal subject to local taxation within the commonwealth 
on the first day of April and the location and value thereof. 
Section 2. This act shall take effect upon its passage. 

Approved March 30, 1916. 

Chap. 84 An Act to provide for sittings of the superior court 

FOR THE COUNTY OF BRISTOL AT ATTLEBORO FOR PUR- 
POSES OF NATURALIZATION. 

Be it enacted, etc., as follows: 

fo^r'Bristor"'^* Section 1. Any sitting of the superior court held at 
arAttiebJfro fir "^^^^^^ Bcdford for the county of Bristol may adjourn and 
certain pur- gft at Attlcboro for purposcs of naturalization. 

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

Approved March 31, 1916. 



Chap. 85 An Act to define further the term "drug business." 

Be it enacted, etc., as follows: 
1913. 705 §1, Section 1. Section one of chapter seven hundred and 

aniended. . iiiii- 

five of the acts oi the year nineteen hundred and thirteen is 
hereby amended by inserting after the word "sale", in the 
second line, the words: — or the keeping or exposing for 
sale of drugs, medicines, chemicals and poisons, except as 
otherwise provided in section twenty- three of chapter 
seventy-six of the Revised Laws, as amended by section 
one of chapter one hundred and seventy-two of the acts of 
the year nineteen hundred and ten, also the sale or the 
keeping or exposing for sale, — so as to read as follows: — 
"Drugbusi- Section 1. The term "drug business" as used in this 

ness, term i i • • i> i 

defined. act sliall mean the sale or the keeping or exposing tor sale 

of drugs, medicines, chemicals and poisons, except as other- 
wise provided in section twenty-three of chapter seventj- 
six of the Revised Laws, as amended by section one of 
chapter one hundred and seventy-two of the acts of the 
year nineteen hundred and ten, also the sale or the keeping 
or exposing for sale of opium, morphine, heroin, codeine, or 
other narcotics, or any salt or compound thereof, or any 
preparation containing the same, or cocaine, alpha or beta 



General Acts, 1916. — Chap. 86. 63 

eucaine, or any synthetic substitute therefor, or any salt 
or comi)ound thereof, or any {)reparation containing the 
same, and the said term shall also mean the compounding 
and dispensing of physicians' prescriptions. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, 1916. 

An Act relative to allowances to headquarters of (jhnjj 86 

ORGANIZATIONS OF THE MILITIA. 

Be it enacted, etc., as follows: 

Section 1. Chapter six hundred and four of the acts loos, 604, etc., 
of the year nineteen hundred and eight, as amended in ^"^^^ ^ 
section one hundred and seventy-seven by chapter four 
hundred and eighty-one of the acts of the year nineteen 
hundred and fourteen, is hereby further amended by striking 
out said section one hundred and seventy-seven and insert- 
ing in place thereof the following: — Section 177. There Allowances to 
shall annually be allowed and paid for postage, printing, ofOTgan^zatfons 
stationery, and office incidentals: to each brigade head- °^ *^® ""''***■ 
quarters, seventy-five dollars; to each regimental head- 
quarters, three hundred dollars; to headquarters of the 
naval battalion, two hundred dollars; to headquarters of 
battalions of field artillery and squadrons of cavalry, fifty 
dollars; to first corps of cadets, one hundred dollars, and to 
each company, fifteen dollars. There shall annually be 
allowed and paid to each headquarters, department, corps 
and company the sum of two dollars for each enlisted man, 
excepting bandsmen not mustered, attached thereto or en- 
rolled therein, not exceeding the maximum enlisted strength 
allowed by law, the amount so paid to be expended in the 
repair and alteration of uniforms, or in defraying the inci- 
dental military expenses of the several organizations. There 
shall annually be allowed and paid to each regimental, 
separate battalion, squadron, corps and each naval bat- 
talion headquarters, and each company, for the services of 
a company armorer or armorer for regimental, separate 
battalion, squadron, corps and naval battalion headquarters, 
who shall devote all necessary attention to the care of the 
arms, equipments, uniforms and quarters of the head- 
quarters or company, the sum of one hundred and twenty- 
five dollars. 

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

Approved March 31, 1916. 



64 



General Acts, 1916. — Chap. 87. 



1913, 835, § 46, 
etc., amended. 



Male applicants 
for registration 
to present tax 
bill or certifi- 
cate to regis- 
trars of voters. 



Chap. 87 An Act relative to registration of voters in the 

CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section forty-six of chapter eight hundred 
and thirty-five of the acts of the year nineteen hundred and 
thirteen, as amended by section six of chapter ninety-one 
of the General Acts of the year nineteen hundred and fifteen, 
is hereby further amended by inserting after the word 
"commissioners", in the thirteenth, twenty-second and 
forty-second Knes, the words : — or assistant registrars, — 
so as to read as follows: — Section 46. 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 com- 
missioners, or assistant registrars, 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, or assistant registrars, 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 electron 
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 state- 



in Boston to 
election coni- 
niissioners, 
etc. 



General Acts, 1916. — Chap. 88. 65 

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 appli- "tru^name 
cant as to residence is found to be true, the election com- upoa^oting'''^ 
missioners shall place the name of the applicant on the li^t- 
voting list; otherwise the election commissioners shall forth- 
with 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: yrotided, Jwwever, that no application Proviso. 
for registration under the provisions of this section shall be 
received by the election commissioners, or assistant regis- 
trars, later than the thirtieth day preceding a state or mu- 
nicipal election. In Boston the board of election commis- 
sioners 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 2. This act shall take effect upon its passage. 

Approved March 31, 1916. 



An Act relative to services rendered by pensioners (JJkij) gg 

OR ANNUITANTS TO MUNICIPALITIES AND COUNTIES. 

Be it enacted, etc., as folloivs: 

Section one of chapter six hundred and fifty-seven of the 1913, 657, § 1, 
acts of the year nineteen hundred and thirteen is hereby ^""^^ ® ' 
amended by inserting after the word "county", in the 
second line, the words: — excepting teachers who are now 
receiving annuities not exceeding the sum of one hundred 
and eighty dollars per annum, — so as to read as follows : — 
Section 1. No person who now or hereafter receives a services 
pension or an annuity from any city or town or any county, pensfonersor 
excepting teachers who are now receiving annuities not ex- munidpaiftiM 
ceeding the sum of one hundred and eighty dollars per and counties. 
annum, shall be paid for any service, except service as a 
juror, rendered by him to said city, town or county after the 
date of the first payment of such pension or annuity. 

Approved March 31, 1916. 



66 General Acts, 1916. — Chaps. 89, 90. 

Chap. 89 An Act relative to decisions of the state board of 

CONCILIATION AND ARBITRATION IN REGARD TO STRIKES. 

Be it enacted, etc., as follows: 

imendtd.^^' Scctioii fivc of chapter three hundred and forty-seven of 

the acts of the year nineteen hundred and fourteen is hereby 
amended by striking out the last sentence, and inserting in 
place thereof the following : — Upon the application of the 
employer, this question shall be determined by said board, 
but only after a full hearing at which all persons involved 
shall be entitled to be heard and be represented by counsel. 
The board shall give at least three days' notice of the hearing 
to the strikers and employees by publication in at least 
three daily newspapers published in the commonwealth. 
Decisions of the — SO as to read as follows : — Section 5. The provisions of 
conciliation and this act shall ccasc to be operative when the state board 
reglrTto ° ^^ of couciHation and arbitration . shall determine that the 
strikes. business of the employer, in respect to which the strike or 

other labor trouble occurred, is being carried on in the 
normal and usual manner and to the normal and usual 
extent. Upon the application of the employer, this question 
shall be determined by said board, but only after a full 
hearing at which all persons involved shall be entitled to 
be heard and be represented by counsel. The board shall 
give at least three days' notice of the hearing to the strikers 
and employees by publication in at least three daily news- 
papers published in the commonwealth. 

Aj)proved March 31, 1916. 

Chap. 90 An Act to provide for compensating injured employees 
WHO are incapacitated for more than ten days. 

Be it enacted, etc., as folloivs: 

1911,751 Section 1. Part II of chapter seven hundred and fifty- 

etc, amended, ouc of the acts of thc ycar nineteen hundred and eleven, and 

acts in amendment thereof, is hereby amended by striking 

out section four and inserting in place thereof the follow- 

Compensation Jng: — Scction 4- No Compensation shall be paid under 

employees tliis act for any injury which does not incapacitate the em- 

for more*thln ploycc for a pcHod of at least ten days from earning full 

ten days. wagcs, but if incapacity extends beyond the period of ten 

days, compensation shall begin on the eleventh day after 

the injury. When compensation shall have begun, it shall 



General Acts, 1916. — Chap. 91. 67 

not be discontinued except with the written assent of the 
employee or the approval of the board, or a menil)er there- 
of: provided, hoivever, that such compensation shall be paid ^'■°^'^°- 
in accordance with section ten of Part II of said chapter 
seven hundred and fifty-one, as amended by section five of 
chapter seven hiuidred and eight of the acts of the year 
nineteen hundred and fourteen, if the employee in fact 
earns wages at anv time after the original agreement is 
filed. 

Section 2. This act shall take effect on the first day of J^e"t °^ ^'^'''''^ 
January in the year nineteen hundred and seventeen. 

Approved March 31, 1916. 



An Act relative to nursery agents and to define the Q^id^ g^ 

POWERS OF the state NURSERY INSPECTOR. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter five hundred andj^^'^^.^^^jj^^- 
seven of the acts of the year nineteen hundred and twelve 
is hereby amended by striking out the words "desire to", 
in the second line, and by adding at the end thereof the 
words : — All persons except growers who sell, or who take 
or solicit orders for nursery stock shall be regarded as nursery 
agents for the purposes of this act, — so as to read as fol- 
lows:— Section 3. Agents or other persons, excepting Nursery agents 
growers, who sell nursery stock shall make application to ^^'^^''^^"'""^■ 
the state nursery inspector for an agent's license, and shall 
file with him the names and addresses of all persons or 
nurseries from which they purchase their stock. On receipt 
of such application, the state nursery inspector shall issue 
an agent's license, valid for one year, in such form and with 
such provisions as the state board of agriculture may pre- 
scribe. The license may be revoked at an}' time for failure 
to report the names and addresses of persons or nurseries 
from which stock is purchased, or for such other cause as 
may be deemed sufficient by the state nursery inspector and 
the secretary of the state board of agriculture. All persons Term"nurs- 
except growers who sell, or who take or solicit orders for definfdL*" 
nursery stock shall be regarded as nursery agents for the 
purposes of this act. 

Section 2. Section seven of said chapter five hundred 1912, 507, § 7, 
and seven is hereby amended by inserting after the word -'''"•^nded. 
"treated", in the twentieth line, the words: — or destroyed. 



68 



General Acts, 1916. — Chap. 91. 



Powers of 
state nursery 
inspector 
defined. 



Refusal or 
neglect to treat 
trees, etc. 



Recovery 
of cost. 



1912, 507, § 9, 
amended. 



Powers of the 
secretary of the 
state board of 
agriculture as 
to certain 
appeals. 



— SO as to read as follows : — Section 7. The state nursery 
inspector, either personally or through his deputies, may 
inspect any orchard, field, garden, roadside or other place 
where trees, shrubs or other plants are growing out of doors, 
either on public or private land, which he may know or 
have reason to suspect is infested with the San Jose scale 
or any serious insect pest or plant disease, when in his 
judgment such pests or diseases are liable to cause financial 
loss to adjoining owners; and may serve written notice 
upon the owner, or owners, occupant or person in charge of 
trees, shrubs or other plants thus infested, of the presence of 
such pests or plant diseases, with a statement that they 
constitute a public nuisance, together with directions to 
abate the same, giving the methods of treatment for the 
abatement thereof, and stating a time within which the 
nuisance must be abated in accordance with the methods 
given in the notice. If the person or persons so notified 
shall refuse or neglect so to treat or destroy such trees, 
shrubs or other plants within the time prescribed, the state 
nursery inspector may cause such property to be so treated, 
or destroyed, and may employ all necessary assistants for 
this purpose, and such assistants shall have the right to 
enter upon any public or private property, if such entry is 
necessary for this purpose. Upon the completion of said 
treatment the state nursery inspector shall certify in writing 
to the owner or person in charge of the treated property 
the amount of the cost of such treatment, and if this be 
not paid to the secretary of the state board of agriculture 
within ninety days thereafter, the same may be recovered 
by suit, together with the costs of suit. 

Section 3. Section nine of said chapter five hundred 
and seven is hereby amended by inserting after the word 
"treated", in the thirteenth line, the words: — or de- 
stroyed, — so as to read as follows: — Section 9. WTien 
the secretary of the state board of agriculture has heard an 
appeal and has rendered a decision that the action of the 
state nursery inspector from which the appeal was taken is 
sustained, the state nursery inspector shall notify in writing 
the owner or owners, occupant or person in charge of the 
trees, shrubs, or other plants concerned, of the decision of 
the secretary, and shall direct him or them within a given 
time to treat or destroy the trees, shrubs or other plants in 
accordance with a method prescribed in the notice. If the 
person or persons so notified shall refuse or neglect so to 



General Acts, 1916. — Chap. 92. 69 

treat or destroy such trees, shrubs or other plants within the 
time prescribed, the state nursery inspector may cause such 
property to be so treated, or destroyed, and the cost of the 
treatment to be collected as provideil in section seven of 
this act. 

Section 4. For the investigation and suppression of the Amount to be 
white pine blister rust there may be expended under the ceruiinTnYcsti- 
direction of the state board of agriculture during the year^^*'""' '"^'^' 
nineteen hundred and sixteen a sum not exceeding ten 
thousand dollars, and any imexpended balance of this sum 
remaining at the end of the fiscal year nineteen hundred 
and sixteen may be expended in the fiscal year nineteen 
hundred and seventeen. 

Section 5. Chapter one hundred and sixty-one of the i9i5, i61(G), 
General Acts of the year nineteen hundred and fifteen is ' '^""'^ ^ 
hereby amended by striking out section two and inserting 
in place thereof the following new section : — Section 2. 
Said chapter five hundred and seven is hereby further 
amended by inserting after section seventeen the following 
new section: — Section 18. Every person, firm or corpora- certain fmits 
tion, except common carriers, who shall receive, bring or [nspectfon.^""^ 
cause to be brought into the state from such states, prov- 
inces 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 immediately after the arrival thereof notify the 
state nursery inspector of such arrival and hold the same 
until they have duly been inspected. 

Section 6. This act shall take effect upon its passage. 

Approved April 3, 1916. 



An Act relative to the powers of the public service (Jjid^ 92 
commission in respect to the charges of railroad 
corporations. 

Be it enacted, etc., as folloivs: 

Section 1. Section twenty-two of chapter seven hun- 1913, 784, § 22, 
dred and eighty-four of the acts of the year nineteen hundred ''™''° 
and thirteen is hereby amended by adding at the end there- 
of the words : — Whenever complaint has been made to the 
commission concerning any rate, fare or charge demanded Powers of 

1 II II .| , . „ public service 

and collected by any railroad corporation for any service commission in 
hereafter performed and the commission has found after charges of 



70 



General Acts, 1916. — Chap. 93. 



railroad 
corporations. 



Proviso. 



hearing and investigation that an unjii.stly discriminator}'^ 
rate, fare or charge has been collected for any service, the 
commission may order the railroad corporation which has 
collected the same to make due reparation to the person 
who has paid the same, with interest from the date of the 
payment of such unjustly discriminatory amount: lyromded, 
however, that such order of reparation shall cover only pay- 
ments made within two years before the date of filing the 
petition seeking to have reparation ordered. Such order 
may be made without formal hearing whenever the railroad 
corporation affected shall assent in writing thereto, or file 
or join in a petition therefor, but in no case shall any such 
order be made until the commission shall be satisfied by 
such investigation as may be necessary that the rate, fare 
or charge collected was in fact unjustly discriminatory. 
kSection 2. This act shall take effect upon its passage. 

A-p2^roved April 3, 1916. 



Metropolitan 
water and 
sewerage hoard 
may install 
pumping 
engine, etc., at 
Ward street 
pumping 
station. 
Metropolitan 
Sewerage Loan. 



Chap. 93 An Act to authorize the metropolitan water and 

SEWERAGE BOARD TO MAKE IMPROVEMENTS AT THE WARD 
STREET PUMPING STATION IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board 
is hereby authorized to install a pumping engine and two 
boilers and the necessary connections at the Ward street 
pumping station in the city of Boston. 

Section 2. To meet the expenses incurred under the 
provisions of this act the treasurer and receiver general 
shall issue from time to time, in the name and behalf of the 
commonwealth and under its seal, and in addition to the 
amount of such bonds heretofore authorized for the con- 
struction of the south metropolitan sewerage works, bonds 
designated on the face thereof, INJetropolitan Sewerage 
Loan, to an amount not exceeding forty thousand dollars. 

Section 3. The provisions of chapter four hundred and 
twenty-four of the acts of the year eighteen hundred and 
ninety-nine, and of all acts in amendment thereof and in 
addition thereto, shall apply, so far as applicable, to the 
indebtedness authorized l)y this act and to all proceedings 
hereunder. 

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

Approved April 3, 1916. 



Certain 
provisions to 
apply. 



General Acts, 1916. — Chaps. 94, 95. 71 



An Act to exclude dudley pond in the town of way- (Jliap, 94 

LAND from the METROPOLITAN WATER SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board ^"^If^yjj^P"^"' 
may close and terminate the existing connection between excluded from 
Lake Cochituate and Dudley pond in the town of Wayland, water system. 
and may transfer and release to said town all interest in and 
control over the waters of said pond. Thereafter Dudley 
pond shall not be used as a source of water supply by the 
metropolitan w^ater district or by any city or town, nor 
shall it be allowed to overflow into Lake Cochituate or be 
connected with the water supply of said district or of any 
city or town, and the pond shall be subject to the control 
and regulation of the town of Wayland which is hereby 
authorized to impose penalties for the violation of any regu- 
lations made by said town in respect to the said pond. 

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

Approved Ayril 3, 1916. 



An Act relative to co-operative courses in public Chav- 95 
schools and to employment of pupils in co-operating 
agencies. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter five hundred etc!' f mende'^. 
and fourteen of the acts of the year nineteen hundred and 
nine, as amended by chapter two hundred and forty-one of 
the acts of the year nineteen hundred and eleven, and by 
chapter one hundred and ninety-one of the acts of the year 
nineteen hundred and twelve, is hereby further amended 
by adding at the end thereof the following: — "Co-opera- "Co-operative 
tive courses" shall mean courses approved as such by the public schools, 
board of education and conducted in public schools in ''^ 
which technical or related instruction is given in conjunction 
with practical experience by employment in a co-operating 
factory, manufacturing, mechanical or mercantile establish- 
ment or workshop. 

Section 2. Section fifty-seven of said chapter five 1909, 514, § 57 
hundred and fourteen, as amended by section fifteen of 
chayjter seven hundred and seventy-nine of the acts of 
the year nineteen hundred and thirteen, is hereby further 



72 



General Acts, 1916. — Chap. 95. 



Employment of ^J 
children in 
factories, etc. 



Provisos. 



1909, 514, § 66, 
etc., amended. 



amended by Inserting after the word "certificate", in the 
eighteenth Une, the words : — and, promded, further, that 
pupils in co-operative courses in pubUc schools, as defined 
in section seventeen of this act, may be employed by any 
co-operating factory, manufacturing, mechanical or mercan- 
tile establishment or workshop upon securing from the 
superintendent of schools a special certificate covering this 
type of employment, — so as to read as follows: ^ — Section 
No child between fourteen and sixteen years of age 
shall be employed or be permitted to work in, about or in 
connection with any factory, workshop, manufacturing, me- 
chanical or mercantile establishment unless the person, firm 
or corporation employing such child procures and keeps on 
file accessible to the attendance officers of the city or town, 
to agents of the board of education, and to the state board 
of labor and industries or its authorized agents or inspectors, 
the employment certificate as hereinafter provided issued 
to such child, and keeps a complete list of the names and 
ages of all such children employed therein conspicuously 
posted near the principal entrance of the building in which 
such children are employed: 'provided, however, that children 
who are over fourteen but under sixteen years of age shall be 
permitted to work in mercantile establishments on Saturdays 
between the hours of seven in the morning and six in the 
evening, without such certificate; and, provided, further, 
that pupils in co-operative courses in public schools, as 
defined in section seventeen of this act, may be employed by 
any co-operating factory, manufacturing, mechanical or 
mercantile establishment or workshop upon securing from 
the superintendent of schools a special certificate covering 
this ty])e of employment. On termination of the employ- 
ment of a child whose employment certificate is on file, said 
certificate shall be returned by the employer within two 
days after said termination to the office of the superintendent 
of schools from which it was issued. 

Section 3. Section sixty-six of said chapter five hun- 
dred and fourteen, as amended by section twenty-three of 
chapter seven hundred and seventy-nine of the acts of the 
year nineteen hundred and thirteen, is hereby further 
amended by inserting after the word "establishment", in 
the fourth line of the first paragraph, the Avords: — except 
as provided for pupils in co-operative courses, approved as 
such by the board of education and conducted in public 
schools, ■ — so that the first paragraph shall read as fol- 



General Acts, 1916. — Chaps. 96, 97. 73 

lows: — Section 66. No child who is oxev sixteen and under Educational 

„ 1111 1 1 • e J. certificates. 

twenty-one years or age shall be employed m a lactory, 
workshop, manufacturing, mechanical or mercantile establish- 
ment, except as provided for jjupils in co-operative courses, 
approved as such by the board of education and conducted 
in public schools, unless his employer procures and keeps 
on file an educational certificate showing the age of the 
child and his ability or inability to read and write as here- 
inafter provided. Such certificates shall be issued by the 
person authorized by this act to issue employment cer- 
tificates. 
Section 4. This act shall take effect upon its passage. 

Approved April 3, 1916. 

An Act to authorize the metropolitan park commis- (JfiaT) 96 

SION TO PROVIDE FOR THE DISPOSAL OF SEWAGE FROM 
THE RIVERSIDE RECREATION GROUNDS. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission is au- Disposal of 
thorized to connect the sewerage system of the Riverside thlRryereWe 
recreation grounds, so-called, situated on the westerly side grounds"'^ 
of Charles river in the town of Weston, with the sewerage 
system of the city of Newton, at such point and upon such 
terms as may be agreed upon by said commission and city. 
All sewage so received may be discharged into the south 
metropolitan sewerage system, provided that the terms 
aforesaid are approved by the metropolitan water and 
sewerage board, and that such further provisions as the 
said board may deem necessary or proper are complied 
with. 

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

Approved April 3, 1916. 

An Act relative to the annual report of the state (Jjidj) 97 

forester. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter four hundred and '^*;j^°^j^^' 
nine of the acts of the year nineteen hundred and four is 
hereby amended by striking out all after the word "office", 
in the seventh line, so as to read as follows: — Section 5. state forester to 
The state forester shall annually, on or before the thirty- report. 
first day of December, make a written report to the general 



74 



General Acts, 1916. — Chap. 98. 



Time of taking 
effect. 



court of his proceedings for the year ending on the thirty- 
first day of December, together with such recommendations 
as he may deem proper, and with a detailed statement of the 
receipts and expenditures incident to the administration 
of his office. 

Section 2. This act shall apply to the report for the 
year nineteen hundred and fifteen. 

Approved April 3, 1916. 



Will of people as 
to calling and 
holding consti- 
tutional con- 
vention to be 
ascertained. 



Chap. 98 An Act to ascertain and carry out the will of the 

PEOPLE relative TO THE CALLING AND HOLDING OF A 
constitutional CONVENTION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of ascertaining the will of 
the people of the commonwealth with reference to the 
calling and holding of a constitutional convention, the 
secretary of the commonwealth shall cause to be placed on 
the official ballot to be used at the next annual state election 
the following question: ^ — ^ "Shall there be a convention to 
revise, alter or amend the constitution of the common- 
wealth?" The votes upon said question shall be received, 
sorted, counted, declared and transmitted to the secretary 
of the commonwealth, laid before the governor and council, 
and by them opened and examined, in accordance with the 
laws relating to votes for state officers so far as they are 
applicable. The governor shall, by public proclamation, 
on or before the first Wednesday in January next, make 
known the result by declaring the number of votes in the 
affirmative and the number in the negative; and if it shall 
appear that a majority of said votes is in the affirmative, 
it shall be deemed and taken to be the will of the people 
that a convention be called and held to revise, alter or 
amend the constitution, and in his proclamation the governor 
shall call upon the people to elect delegates to the conven- 
tion, at a special election to be held in all the cities and 
towns of the commonwealth on the first Tuesday in May in 
the year nineteen hundred and seventeen. 

Section 2. The number of delegates to be elected to 
the convention shall be three hundred and twenty, of whom 
sixteen shall be elected at large, sixty-four by the sixteen 
congressional districts, to wit, four by each district, and 
two hundred and forty by the legislati\'e representative 



Governor's 
proclamation. 



Delegates, num- 
ber, manner 
of election, etc. 



General Acts, 1916. — Chap. 98. 75 

districts of the commonwealth, each district having the 
same number of delegates as it is then entitled to elect 
representatives to the general court. 

Section 3. Nomination of candidates for the office of SXtS" °' 
delegate to the constitutional convention shall be made by nlt-o^iJ!,* '*^^'^" 
nomination papers without party or political designation 
which shall be signed in the aggregate by not less than 
twelve hundred voters for each candidate at large, by not 
less than five hundred voters for each candidate for delegate 
from a congressional district, and by not less than one 
hundred voters for each candidate for delegate from a legis- 
lative representative district. Said papers shall be filed on Date of filing 
or before five o'clock in the afternoon on the first Tuesday ^°'^'^^^' 
in March in the year nineteen hundred and seventeen. No 
person shall be a candidate for delegate in more than one 
district, or both in a district and at large. If nomination 
papers for more than one nomination for delegate are filed 
in behalf of a candidate, and if, within seventy-two hours 
after five o'clock in the afternoon of the first Tuesday in 
March aforesaid, he withdraws all but one nomination, the 
remaining nomination shall be valid. No person shall be 
a candidate for delegate from a legislative representative 
district in which he does not reside. 

Section 4. If in the connnonwealth at large, or in any Non-partisan 
district, the number of persons nominated by nomination tioM?etc.'^°° ' 
papers equals or exceeds three times the number to be 
elected delegates as provided by section two, a non-partisan 
primary shall be held in the commonwealth, or in such 
district, on the first Tuesday of April in the year nineteen 
hundred and seventeen. At such primary, twice the number 
of persons to be elected delegates shall be chosen from those 
nominated by nomination papers, and those so chosen 
shall be deemed nominated as candidates for delegate, 
and their names only shall appear on the ballot at said 
special election. The provisions of section five of this act 
shall, so far as is consistent herewith, apply to the primaries 
provided for by this section. 

Section 5. At the special election to be held under the Number of 

. . n .. .1 ...i 1 , , delegates to be 

provisions oi section one, every person then entitled to vote voted for. 
for state officers shall have the right to vote for sixteen 
delegates at large, for four delegates from his congressional 
district, and for the number of delegates from his repre- 
sentative district to which that district is entitled under 
the provisions of section two. The number of delegates of 



76 



General Acts, 1916. — Chap. 98. 



Meeting, pro- 
cedure, etc. 



Action to be 
submitted to 
the people. 



Quarters, 
compensation 
expenses, etc. 



each class for which the voter has the right to vote shall 
appear on the official ballot. No party or political desig- 
nation shall appear on said ballot. 

Section 6. The persons elected delegates shall meet in 
convention in the state house, in Boston, on the first Wednes- 
day in June in the year nineteen hundred and seventeen. 
They shall be the judges of the returns and election of their 
own members, and may adjourn from time to time; and 
one hundred and sixty-one of the persons elected shall 
constitute a quorum for the transaction of business. They 
shall be called to order by the governor, and shall proceed 
to organize themselves in convention, by choosing a presi- 
dent and such other officers and such committees as they 
may deem expedient, and by establishing rules of pro- 
cedure; and when organized, they may take into considera- 
tion the propriety and expediency of revising the present 
constitution of the commonwealth, or making alterations 
or amendments thereof. Any such revision, alterations or 
amendments, when made and adopted by the said con- 
vention, shall be submitted to the people for their ratifica- 
tion and adoption, in such manner as the convention shall 
direct; and if ratified and adopted by the people in the 
manner directed by the convention, the constitution shall 
be deemed and taken to be revised, altered or amended 
accordingly; and if not so ratified and adopted the present 
constitution shall be and remain the constitution of the 
commonwealth. 

Section 7. The convention shall be provided by the 
sergeant-at-arms, at the expense of the commonwealth, 
with suitable quarters and facilities for exercising its func- 
tions. It shall establish the compensation of its officers and 
members, which shall not exceed seven hundred and fifty 
dollars for each member of the convention as such. It 
shall, subject to the approval of the governor and council, 
provide for such other expenses of its session as it shall 
deem expedient, and may cause to be prepared and issued 
a statement briefly setting forth such arguments as the 
convention may see fit relative to any revision, alteration 
or amendment of the constitution adopted by it, or any part 
thereof. The members of the convention shall receive the 
mileage specified in section eight of chapter three of the 
Revised Laws, as amended by chapter six hundred and 
seventy-six of the acts of the year nineteen hundred and 
eleven. The governor, with the advice and consent of the 



General Acts, 1916. — Chap. 99. 77 

coiiiK'il, is authorized to draw liis warrant on the treasury 
for any of tlie foregoing expenses. 

Section S. The secretary of the commonwealth is hereby Certain city 
directed to transmit forthwith printed copies of this act to officials to be 
the selectmen of each town and the mayor of each city 
within the commonwealth; and whenever the governor 
shall issue his proclamation, calling upon the people to elect 
delegates, the secretary shall also, immediately thereafter, 
transmit printed copies of said proclamation, attested by 
him, to the selectmen and mayors. 

Section 9. All laws relating to nominations and nomi- Certain 

, . 1 J • • 1 J • 1 j_ provisions of 

nation papers, and to pnmaries, elections and corrupt law to apply. 
]iractices therein, shall, so far as is consistent herewith, 
apply to the nomination of candidates for delegate to the 
convention, and to the primaries and special election pro- 
vided for by this act. Approved April 3, 1916. 

An Act relative to the removal of city solicitors. QJiaj) 99 

Be it enacted, etc., as folloivs: 

Section 1, Section five of Part III, Plan B, of chapter i9i5, 267 (G). 
two hundred and sixty-seven of the General Acts of the amended. 
year nineteen hundred and fifteen is hereby amended by 
adding at the end thereof the words: — and may be re- 
moved by the mayor, without such confirmation. The 
provisions of this section shall apply to the city solicitor in 
office at the time when Plan B becomes operative and to 
any city solicitor appointed thereafter, — so as to read as 
follows: — Section 5. All heads of departments and mem- officials in 

1 n ••11 1 jI- , , i>(T> certain cities, 

bers 01 municipal boards, as their present terms of oince appointment, 
expire, but excluding the school committee, officials ap- citTsoticitor.' 
pointed 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 con- 
firmation by the city council, and may be removed by the 
mayor, without such confirmation. The provisions of this 
section shall apply to the city solicitor in office at the time 
when Plan B becomes operative and to any city solicitor 
appointed thereafter. 

Section 2. This act shall apply as of the date of its Time of taking 
passage to cities which have already adopted the Plan B 
form of charter and to cities which may thereafter adopt the 
said form. 



78 



General Acts, 1916. — Chaps. 100, 101. 



Section 3. This act shall take effect upon its passage. 

{The foregoing was laid before the governor on the twenty- 
eighth day of March, 1916, and after five days it had "the 
force of a law", as -prescribed by the constitution, as it was not 
returned by him with his objections thereto within that time.) 



Owners of 
certain land 
in Needham 
may connect 
with south 
metropolitan 
sewerage 
system. 



Chap. 100 An Act to permit owners of certain land in needham 
TO connect the same with the main trunk sewer of 
the south metropolitan sewerage system. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board 
may, upon such terms and conditions as said board may 
determine, permit the owners of land in the town of Need- 
ham, through which passes the main trunk sewer provided 
for by chapter three himdred and forty-three of the acts 
of the year nineteen hundred and fourteen, to connect by 
private drains with said sewer, and thereby to discharge 
their sewage into the south metropolitan sewerage system. 
The said board may also determine whether said owners 
shall pay for said privilege and, if so, the amount and time 
of payment. If payment is required it shall be made to 
said board and applied to the maintenance and operation 
of the south metropolitan sewerage system. Such payment 
shall cease upon the admission of the town of Needham 
into the south metropolitan sewerage district. 

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

Approved April ^, 1016. 



1913, 719, 
amended. 



17, 



ChapAOl An Act relative to the deposit of trust funds held 

BY municipalities. 

Be it enacted, etc., as follows: 

Section 1. Chapter seven hundred and nineteen of the 
acts of the year nineteen hundred and thirteen is hereby 
amended by striking out section seventeen and inserting in 
place thereof the following new section: — Section 17. 
Trust funds, including cemetery perpetual care funds, 
unless it is otherwise provided or directed by the donor 
thereof, shall hereafter be placed at interest in savings 
banks, trust companies incorporated under the laws of the 
commonwealth, or national banks, or invested by cities and 



Trust funds 
held l)y cities 
and towns 
to be placed 
at interest. 



General Acts, 1916. — Chap. 102. 79 

towns in securities which are legal investments for savings 
banks. 

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

Approved April 4> 1916. 



An Act relative to registration of minors. Chap. 102 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter forty-three of the r.l.43. §3 
Revised Laws, as amended by chapter four hundred and 
forty-three of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by striking out the 
word "annually", in the second line, by striking out the 
words " on the first day of September, and such record shall 
be completed on or before the fifteenth day of November", 
in the tenth, eleventh and twelfth lines, and by adding at 
the end thereof the words: — Attendance officers or the Duties, etc., 
attendance department, under the direction of the school offi^cera" ^'^^^ 
committee and superintendent of schools, shall have charge 
of the records required by this section, and shall be re- 
sponsible for their completeness and accuracy. A card, as 
prescribed by the board of education, shall be kept for 
every child whose name is recorded under the provisions of 
this section. Principals, teachers and supervisory officers 
shall co-operate with attendance officers in the discharge 
of their duties under this act. 

Attendance officers shall compare the names of persons Attendance 
enrolled in the public and private schools of each city or LepTe^rds. 
town with the names of persons recorded as required by 
this act, and examine carefully into all cases where persons 
of school age are not enrolled in, and attending some school, 
as required by section one of chapter forty-four of the Re- 
vised Laws, as amended by chapter three hundred and 
twenty of the acts of the year nineteen hundred and five, by 
chapter 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. 

The annual school committee report of each city and ni^'^ttei toreport 
town shall contain a statement of the number of persons certain facts. 
recorded as required by this act, classified by ages, to- 
gether with a statement of the number attending public 
or private schools, and the number not attending school in 



80 



General Acts, 1916. — Chap. 102. 



Private schools 
to report. 



School commit- 
tee to take 
census. 



Penalty. 



Duties, etc., of 

attendance 

officers. 



Attendance 
officers to keep 
records. 



any given year, as required by section one of chapter forty- 
four of the Revised Laws, as amended by chapter three 
hundred and twenty of the acts of the year nineteen hundred 
and five, l)y chapter 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 nineteen hundred and thirteen. 

The supervisory officers of all private schools in the 
commonweahh shall, within thirty days after the enroll- 
ment or registration of any pupil of compulsory school age, 
report the name, age and residence of the pupil to the super- 
intendent of schools of the city or town in which the pupil 
resides; and whenever the pupil withdraws from a private 
school, the supervisory officer thereof, shall, within ten 
days, notify the superintendent of schools of the city or 
town in which the pupil resides, — so as to read as follows: 
— Section 3. The school committee of each city and town 
shall ascertain and record the names, ages and such other 
information as may be required by the board of education, 
of all children between five and seven years of age, of all 
children between seven and fourteen years of age, of all 
children between fourteen and sixteen years of age, and 
of all minors over sixteen years of age who cannot read at 
sight and write legibly simple sentences in the English 
language, residing in its city or town. Whoever, having 
under his control a minor over five years of age, withholds 
information sought by a school committee or its agents 
under the provisions of this section or makes a false state- 
ment relative thereto, shall be punished by a fine of not 
more than fifty dollars. Attendance officers or the attend- 
ance department, under the direction of the school com- 
mittee and superintendent of schools, shall have charge of 
the records required by this section, and shall be responsible 
for their completeness and accuracy. A card, as prescribed 
by the board of education, shall be kept for every child 
whose name is recorded under the provisions of this section. 
Principals, teachers and supervisory officers shall co-operate 
with attendance officers in the discharge of their duties 
under this act. 

Attendance officers shall compare the names of persons 
enrolled in the pul)lic and private schools of each city or 
town with the names of persons recorded as required by 
this act, and examine carefully into all cases where persons 
of school age are not enrolled in, and attending some school, 



General Acts, 191G. — Chap. 102. 81 

as required by section one of chapter forty-four of the Re- 
vised Laws, as amended by chapter three hundred and 
twenty of the acts of the year nineteen hundred and five, 
by chapter 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 nineteen hundred and thirteen. 

The annual school committee report of each city and School com- 

i> 1 Hiittoe to 

town shall contam a statement of the number of persons report certain 
recorded as required by this act, classified by ages, to- 
gether with a statement of the number attending public or 
private schools, and the number not attending school in any 
given year, as recpiired by section one of chapter forty-four 
of the Revised Laws, as amended by chapter three hundred 
and twenty of the acts of the year nineteen hundred and 
five, by chapter 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 nineteen hundred and thirteen. 

The supervisory officers of all private schools in the com- Private schools 
monwealth shall, within thirty days after the enrollment or ^ ''^p^''*- 
registration of any pupil of compulsory school age, report 
the name, age and residence of the pupil to the superin- 
tendent of schools of the city or tow^i in which the pupil 
resides; and whenever the pupil withdraws from a private 
school, the supervisory officer thereof, shall, within ten 
days, notify the superintendent of schools of the city or 
town in which the pupil resides. 

Section 2. Section four of chapter forty-three of the r.l.43, §4, 
Revised Laws, as amended by section three of chapter three *^ ^" ^^^^'^ ^ 
hundred and sixty-eight of the acts of the year nineteen 
hundred and twelve, by chapter three hundred and fifty- 
six of the acts of the year nineteen hundred and thirteen, 
and by section two of chapter four hundred and forty-three 
of the acts of the year nineteen hundred and fourteen, is 
hereby further amended by striking out the words "ac- 
cording to the school census taken", in the tenth line, and 
by striking out the word "September", in the eleventh 
line, and inserting in place thereof the word: — April, — 
so as to read as follows: — Section A. The chairman of ^^hairman of 

111 • 111 IP 11' school coinmit- 

each school committee shall annually on or berore the thirty- tee to furnish 
first day of July transmit to the commissioner of education a information. 
certificate filled out, signed and sworn to by him, contain- 
ing the following statements: — 



82 



General Acts, 1916. — Chap. 102, 



School 
statistics. 



Board of 
education to 
furnish forms. 



First. The number of persons between the ages of five 
and seven years, the number of persons between the ages of 
seven and fourteen years, and the number of persons be- 
tween the ages of fourteen and sixteen years, residing in the 
town (or city), on the first day of April, last preceding the 
date of this certificate. 

Second. The number of persons in the average member- 
ship of the public schools of the town (or city), for the 
school year last preceding the date of the certificate, as de- 
termined by the rules of the state school register. 

Third. The amount of money raised by taxation by 
the town (or city), and expended during the fiscal year last 
preceding the date of the certificate for the support of the 
public schools, including the wages of teachers, the trans- 
portation of school children, fuel, the care of fires, school- 
rooms and school premises, repairs, supervision, text-books 
and supplies, and school sundries or incidentals, but ex- 
cluding alterations of school buildings, other than repairs, 
and construction of schoolhouses and contributions for the' 
support of public schools which may be received from the 
commonwealth or from other sources than local taxation,- 
and also the total expenditures, classified, for the public 
schools during the school year last preceding the date of this 
certificate. 

Fourth. That the town (or city) has maintained during 
the school year last preceding the date of this certificate 
each of the schools, as required by section one of chapter 
forty-two of the Revised Laws, as amended by chapter one 
hundred and eighty-one of the acts of the year nineteen 
hundred and eight, and by chapter five hundred and twenty- 
four of the acts of the year nineteen hundred and ten, for 
a period of not less than thirty-two weeks, or twenty-eight 
weeks, if such reduction has been allowed under the pro- 
visions of the aforesaid section. 

Fifth. That the town (or city) has maintained, during 

the school year last preceding the date of this certificate, a 

high school, as required by section two of said chapter 

forty-two, for a period of months, 

days, as stated. 

The board of education is authorized and directed to 
prepare and furnish to school committees suitable forms of 
the certificate required by this section. 

Approved April 4, 1916. 



General Acts, 1916. — Chaps. 103, 104. 83 



An Act relative to interest upon unpaid taxes. Chap. 103 
Be it enacted, etc., as follows: 

Section seventy-one of Part I of chapter four hundred and partif§'7i, 
ninety of the acts of the year nineteen hundred and nine, ^*''- ai»ended. 
as amended by section one of chapter six hundred and 
eighty-eight of the acts of the year nineteen hundred and 
thirteen, and by section twenty-one of chapter two hundred 
and thirty-seven of the General Acts of the year nineteen 
hundred and fifteen, is hereby further amended by striking 
out the said section and inserting in place thereof the follow- 
ing: — Section 71. Taxes shall be payable in every city interest pay- 
and town and m every fare, water, watch or improvement paid taxes, 
district, in which the same are assessed, and bills for the 
same shall be sent out, not later than the fifteenth day of 
October of each year, unless by vote, ordinance or by-law 
of the city, town or district, an earlier date of payment is 
fixed. On all taxes remaining unpaid after the expiration Rate of interest. 
of fifteen days from the date when taxes are payable, interest 
shall be paid at the rate of six per cent per annum, com- 
puted from the date on which they become payable; but if, 
in any case, the tax bill is sent out later than the day pre- 
scribed, interest shall be computed only from the expiration 
of such fifteen days. In no case shall interest be added 
to taxes paid prior to the expiration of fifteen days from 
the date when they are payable. Bills for taxes assessed 
under the provisions of section eighty-five of Part I of said 
chapter four hundred and ninety shall be sent out not later 
than December twenty-sixth, and said taxes shall be payable 
not later than December thirty-first. If remaining unpaid 
after that date, interest shall be paid at the rate above 
specified, computed from December thirty-first until the 
day of payment, but if, in any case, the tax bill is sent out 
later than December twenty-sixth, interest shall be com- 
puted from the fifteenth day of January next following. In 
all cases where interest is payable, it shall be added to and 
become a part of the tax. Ayi^oved April 4, 1916. 

An Act to make the first day of January, known as CAap. 104 
new year's day, a legal holiday. 

Be it enacted, etc., as follows: 

Section 1. The Ninth clause of section five of chapter r.l. 8.§.5. 
eight of the Revised Laws, as amended by chapter one ^ '^" ^"'^'^ 



84 General Acts, 1916. — Chap. 105. 

hundred and thirty-six of the acts of the year nineteen 
hundred and eleven, is hereby further amended by inserting 
after the word "inchide", in the first and second fines, the 
words : — - the first day of January, — and by striking out 
the word "four", in the sixth fine, and inserting in place 
thereof the word: — five,- — so as to read as fofiows: — 
First day of Niuth. The words "legal holiday" shall, include the first 
as Ntw Year's day of January, the twenty-second day of February,- the 
holfdayf " °^^ nineteenth day of April, the thirtieth day of May, the fourth 
day of July, the first Monday of September, the twelfth 
day of October, Thanksgiving day and Christmas day, or 
the day following when any of the five days first mentioned, 
the twelfth day of October or Christmas day occurs on 
Sunday; and the public offices shall be closed on all of said 
days. 
ni'itted'to^the" Section 2. This act shall be referred to the people for 
JtateeiecUon' their rejection or approval at the polls, and shall be voted 
on at the next annual state election, and shall become law 
if approved by a majority of the voters voting thereon. 
The act shall be referred in the form of the following question 
to be placed upon the official ballot: "Shall an act passed 
by the General Court in the year nineteen hundred and 
sixteen, to make the first day of January, known 
as New Year's Day, a legal holiday, be ap- 
proved and become law?" 

Approved April 5, 1916. 

Chap. 105 An Act relative to the signing of corporation stock 

CERTIFICATES. 

Be it enacted, etc., as follows: 

imended^^^' Section 1. Scctiou tweuty-six of chapter four hundred 
and thirty-seven of the acts of the year nineteen hundred 
and three is hereby amended by striking out the words 
"and by the treasurer", in the third and fourth lines, and 
inserting in place thereof the following : — or a vice presi- 
dent and either the treasurer or an assistant treasurer, — 
Business so as to read as follows: — Section 26. Each stockholder 

conjuration gj^^jj |^^ entitled to a certificate, in form conformable to the 
how'sfgned". provisious of sectiou fourteen, which shall be signed by the 
president or a vice president and either the treasurer or an 
assistant treasurer of the corporation, shall be sealed with 
its seal and shall certify the number of shares owned by 
him in such corporation. Each certificate of stock which 



YES. 




NO. 





General Acts, 1916. — Chaps. 106, 107. 85 

by the agreement of association or amended agreement of pr^orenc°s''to'^ 
association or, in the case of a corporation created bv special appear upon 

, . . , , . ..,.., . . stock cer- 

law, by its articles oi organization is hinited as to its voting tificates. 
rights, or which is preferred as to its dividend or as to its 
share of the principal npon dissohition, shall have a snfficient 
statement of snch limitation or preference plainly written 
or stamped upon it, and each certificate subseqnently 
issued of any class of stock in the corporation shall have 
printed or stamped thereon the clause of such agreement 
of association or amended agreement of association or 
articles of organization authorizing the issue of stock in 
any respect preferred or limited. 

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

A'pjjroved April 6, 1916. 

An Act to provide for the construction and mainte- QJiav.X^Q 

NANCE OF A PUBLIC COMFORT STATION AND SANITARY 
BUILDING FOR LYNN SHORE AND KING's BEACH RESERVA- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1 . The metropolitan park commission is hereby Construction of 
authorized to expend a sum not exceeding five thousand ience station, 
dollars from the Metropolitan Parks ]\Iaintenance Fund shore and^*"" 
for the purpose of constructing and maintaining a public JeservaUoas'.* 
comfort station or sanitary building for the use of the public 
at King's beach and Lynn shore reservations. 
..Section 2. This act shall take effect npon its passage. 

Approved April 6, 1916. 

An Act relative to the lighting of reservations, njidy JQ? 

PARKWAYS AND OTHER LANDS UNDER THE CONTROL OF 
THE METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and ^^jgij^ed^^' 
fifteen of the acts of the year nineteen hundred and four- 
teen is hereby amended by striking out the word " five ", 
in the fourth line, and inserting in place thereof the word: 
— ten, — so as to read as follows : — Section 1 . The metro- Lighting of 
politan park commission is hereby authorized to enter rllervations, 
into an agreement with any electric light, power or gas pubii^lands.''*^ 
company within the metropolitan parks district for a period 
not exceeding ten years for the lighting of any part of the 



86 General Acts, 1916. — Chaps. 108, 109. 

reservations, parkways or other lands under the control of 
said commission, upon such terms as said commission deems 
most advantageous to the commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved April 6, 1916. 

ChapAOS An Act relative to contingent remainders. 

Be it enacted, etc., as follows: 

Smaindlr* Section 1. A Contingent remainder shall take effect, 

time of taking notwithstanding any determination of the particular estate, 
in the same manner in which it would have taken effect if 
it had been an executory devise or a springing or shifting 
use, and shall, as well as such limitations, be subject to the 
rule respecting remoteness known as the rule against per- 
petuities, exclusively of any other supposed rule respecting 
limitations to successive generations or double possibilities. 
Restrictions. Section 2. This act shall take effect upon its passage, 

and, except so far as declaratory of existing law, shall apply 
only to instruments thereafter executed and to wills and 
codicils revived or confirmed by a will or codicil thereafter 
executed. Approved April 6, 1916. 

Chap. 109 An Act to authorize the appointment of interpreters 

FOR THE CIVIL SESSIONS OF THE MUNICIPAL COURT OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 
1912, 648, §1, Section 1. Section one of chapter six hundred and 

amended. •ipi pi • 

lorty-eight or the acts or the year nineteen hundred and 
twelve is hereby amended by inserting after the word 
"criminal", in the third line, the words: — and civil, — 
and also by inserting after the word "criminal", in the 
tenth line, the words: — or civil, — so as to read as fol- 
Appointmentof jows: — Scction 1. The I'tistices of the municipal court of 

interpreters for . pt-i • i/t»'I' 

civil sessions of the City of Bostou may appoint such ofhcial interpreters 

municipal court , , i>,i ••! I'-i 

of Boston. as they may deem necessary tor the criminal and civil 
sessions of the court, and may fix their compensation. The 
interpreters shall hold their positions at the pleasure of the 
court and shall render such additional service as the chief 
justice may require. The said justices shall forthwith dis- 
charge any such interpreter who shall be found by them 
to have requested or received, directly or indirectly, any 
gratuity, bonus or fee in connection with any criminal or 



\ 

\ 
General Acts, 1916. — Chaps. 110, 111. 87 

civil case pending or in course of preparation for presenta- 
tion to anj^ court. The provisions of this section shall not 
prevent the court from allowing reasonable compensation 
to other interpreters when the services of the official in- 
terpreters are not available. 
Section 2. This act shall take effect upon its accept- Act to be sub- 

!• MP!' i!T-> mitted to city 

ance by the mayor and city council or the city ot Boston, council, etc. 

Ajiproved Ayril G, 1016. 



An Act to prohibit the use of artificial light and of (jj^^iy hq 

VEHICLES IN HUNTING. 

Be it enacted, etc., as foUoivs: 

Chapter five hundred and thirty-three of the acts of the loio, 533, etc., 
year nineteen hundred and ten, as amended in section one ^"'''^'^^^■ 
by chapter one hundred and one of the acts of the year 
nineteen hundred and eleven, is hereby further amended by 
striking out said section one and inserting in place thereof 
the following: — Section 1. It shall be unlawful to take or Use of artificial 
kill a game bird or water fowl, or any wild game quadruped, vlhicre"h" 
for which a close season is provided, by means of a trap, prowb^eu. 
net or snare, or, for the purpose of killing a game bird or 
water fowl, or any wild game quadruped, so protected by 
law, to construct or set a trap, net or snare, or to pursue, 
shoot at or kill any wild fowl, or any of the so-called shore, 
marsh and beach birds, with a swivel or pivot gun, or by 
the use of a torch, jack or artificial light, or by the aid or 
use of any vehicle, boat or floating device propelled by 
steam, naphtha, gasolene, electricit}', compressed air, or 
any similar motive power, or by any mechanical means 
other than sails, oars or paddles. But the provisions of this Exemption. 
chapter shall not apply to persons shooting at or killing 
said birds from such boats or floating devices if the same 
are at anchor. Approved April 6, 1916. 

An Act to authorize cities and towns to incur in- (JJku) w\ 
debtedness for acquiring land and for the con- 
struction of buildings. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter seven hundred and i9i3, 719 §5, 

amendea. 

nineteen 01 the acts of the year nineteen hundred and thirteen 
is hereby amended by striking out subdivision (3) in said 



General Acts, 1916. — Chaps. 112, 113. 



Cities and 
towns may 
borrow money 
for acquiring 
land, etc. 



section and inserting in place thereof the following: — (3) 
For acquiring land for any purpose for which a city or town 
is or may hereafter be authorized to acquire land, not other- 
wise herein specified, and for the construction of buildings 
which cities and towns are or may hereafter be authorized 
to construct, including the cost of original equipment and 
furnishing, twenty years. 
Section 2. This act shall take effect upon its passage. 

Ay'proved Ayril 7, 1916. 



Chap. 112 An Act to provide for the expenses of the state 

LIBRARY. 



Expenses of 
state library. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. The trustees of the state library may ex- 
pend annually a sum not exceeding twelve thousand one 
hundred and ninety dollars for permanent assistants and 
clerks; a sum not exceeding five hundred dollars for tempo- 
rary clerical assistants; a sum not exceeding eight thou- 
sand dollars for books, maps, papers, periodicals and other 
material for the library, and for binding the same; and a 
sum not exceeding twenty-five hundred dollars for incidental 
expenses, including binding their report. They may also 
expend for cataloguing during the fiscal year nineteen 
hundred and sixteen, a sum not exceeding five thousand 
dollars and thereafter such sums as the general court may 
appropriate from year to year. 

Section 2. Section two of chapter four hundred and 
twenty-one of the acts of the year nineteen hundred and 
ten is hereby repealed. 

Section 3, This act shall take effect upon its passage. 

Approved A'pril 8, 1916. 



Chap. 11?> 



Police pensions 
in cities. 



An Act relative to police pensions in cities. 
Be it enacted, etc., as follows: 

Section 1. The provisions of chapter six hundred and 
twenty-four of the acts of the year nineteen hundred and 
eleven shall not apply to the retirement on a pension of 
members of police departments in cities who are seventy 
years of age or more. 

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

Approved April S, 1916. 



General Acts, 1916. — Chap. 114. 89 



An Act relative to the duties of medical examiners. Chap. 114: 

Be it enacted, etc., as folloivs: 

Chapter twenty-four of the Revised Laws, as amended ^c.^am'euded. 
in section ten by section one of chapter two hundred and 
seventy-three of the acts of the year nineteen hundred and 
nine, is hereby further amended by striking out said section 
ten and inserting in phice thereof the following new section: 
— Section 10. lie shall forthwith file with the district Medical 

„,.,.. PI 1 • examiners, 

attorney of his district a report or each autopsy and view duties, etc. 
and of his personal inquiries, with a certificate that, in his 
judgment, the manner and cause of death could not be 
ascertained by view and inquiry and that an autopsy was 
necessary. The district attorney if satisfied that an autopsy 
was necessary, shall so certify to the county commissioners 
having jurisdiction over the place in which the autopsy was 
held or, in the county of Suffolk, to the auditor of Boston. 
If upon such view, personal inquiry or autopsy, the medical jigtric^t^a'ttor-' 
examiner is of opinion that the death was caused by the ney,etc. 
act or negligence of another, he shall at once notify the 
district attorney and a justice of the police, district or 
municipal court or trial justice having jurisdiction over the 
place in which the body was found, if the place of the sup- 
posed act or negligence and that in which the body was 
found be within the same county and within the district of 
said medical examiner, and likewise if the place of such 
supposed act or negligence be not known, and shall file an 
attested copy of the record of his autopsy in such court or 
with such justice and with the district attorney. If the 
place of such supposed act or negligence and the place in 
which the body was found be not within the same county 
and within the district of the said medical examiner, he 
shall at once notify the district attorney and a justice of 
the police, district or municipal court or trial justice having 
jurisdiction over the place where the supposed act or negli- 
gence causing the death of the deceased was committed or 
occurred and shall file an attested copy of his autopsy and 
view and of his personal inquiries relating thereto in the 
court or with the justice and with the district attorney 
having jurisdiction over such place. 

Approved April S, 1916. 



90 General Acts, 1916. — Chaps. 115, 116. 



Chap.115 An Act relative to the furnishing of lockers in 

CERTAIN FACTORIES AND WORKSHOPS. 

Be it enacted, etc., as follows: 

}^n^l^^d'i^^ Section 1. In any mercantile or manufacturing es- 
certam tablishmcnt in which the nature of the work renders it 

necessary for any or all employees, before beginning work, 
to make a substantially complete change of clothing, ex- 
clusive of underclothing, separate lockers, closets or other 
receptacles, each with a lock and key, shall be provided for 
the use of such employees. 
Svi^SfonT Section 2. It shall be the duty of the state board of 
and enforce- labor and iudustrics to investigate all reported violations of 

this act, and to enforce the same by prosecution. 
Penalty. SECTION 3. Any violatiou hereof shall be punished by a 

fine of not less than five or more than twenty dollars for 
each offence. Approved April S, 1916. 

Chap.llQ An Act relative to the eligibility of widows to re- 
ceive soldiers' relief in certain instances. 

Be it enacted, etc., as follows: 

li^i^deV ^^' Section 1. Chapter seventy-nine of the Revised Laws 

is hereby amended by striking out section eighteen and 

Eligibility of inserting in place thereof the following: — Section 18. If 

widows, etc., to i i • ji p ^i tt 'j i 

receive soldiers' a persou who scrvcd 111 the army or navy oi trie United 
iustoncea!'^*'*'" Statcs in the war of the rebellion and received an honorable 
discharge from all enlistments therein, and Avho has a legal 
settlement in a city or town in the commonwealth, becomes, 
from any cause except his own criminal or wilful miscon- 
duct, poor and entirely or partially unable to provide main- 
tenance for himself, his wife or minor children under the 
age of sixteen years, or for a dependent father or mother; 
or if such person dies leaving a widow or such minor children 
or a dependent father or mother without proper means 
of support, such support shall be accorded him or his said 
dependents as may be necessary by the city or town in 
which they or any of them have a legal settlement; but 
should such person have all the said qualifications except 
settlement, his widow, who has acquired a legal settlement 
in her own right before the first day of January in the year 
nineteen hundred and ten, which settlement has not been 
defeated or lost, shall also be eligible to receive relief under 



General Acts, 1916. — Chap. 117. 91 

the provisions of this section. Such rehef shall be furnished f'^rnfii'jjj^ 
by the mayor and aldermen or the selectmen, or, in the 
city of Boston, by the soldiers' relief commissioner, subject, 
however, to the direction of the city council of said city 
as to the amount to be paid. The beneficiary shall receive 
such relief at home, or at such other place as the mayor 
and aldermen, selectmen or soldiers' relief commissioner, 
may deem proper, but he shall not be required to receive 
the same at an almshouse or public institution unless his 
physical or mental condition requires it, or unless his parents 
or guardian so elects, in case he is a minor. 
Section 2. This act shall take effect upon its passage. 

Ajjproved Ajml 10, 1916. 

An Act relative to search warrants under the law QJkit) 117 
relating to certain drugs. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and seventy-two loii, 3-2, § 1, 

n.i A. e J.1 ' J. 1_JJ II etc., amended. 

01 the acts or the year nmeteen 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, 
and by section one of chapter one hundred and fifty-nine of 
the General Acts of the year nineteen hundred and fifteen, 
is hereby further amended by striking out the said section 
and inserting in place thereof the following: — Section 1. Search warrants 

Tr> 1 !• !• !•• under law 

If a person makes complamt under oath to a police, district relating to 
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, peyote, or any 
other hypnotic drug, or any salt, compound or preparation 
of said substances, or any cocaine, 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 any 
place whatever other than a manufacturer or jobber, whole- 
sale druggist, registered pharmacist, registered physician, 
registered veterinarian, registered dentist, registered nurse, 
employees of incorporated hospitals, or a -common carrier 
or porter when transporting any drug mentioned herein 
between parties hereinbefore mentioned, such court or 
justice, if it appears that there is probable cause to believe 



92 General Acts, 1916. — Chaps. 118, 119. 

Search warrants that Said complaint is true, shall issue a search warrant to 

under law • /v i • iv ' i i i • p /» i- l 

relating to a slienii, (Icpiity shenn, city marshal, chiei or police, deputy 
marshal, police officer or constable commanding him to 
search the premises in which it is alleged that any of the 
above mentioned drugs 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, to- 
gether with all persons present if any of the aforesaid sub- 
stances is found, and to return forthwith the warrant with 
his doings thereon, to a court or trial justice having juris- 
diction in the place in which said substance is alleged to be 
kept or deposited. 

{The foregoing was laid before the governor on the fourth 
day of A'pril, 1916, and after five days it had "the force of a 
law", as prescribed by the co7istitution, as it was not returned 
by him with his objections thereto within that time.) 



Chap.llH An Act relative to cinematographs using only cellu- 
lose ACETATE FILMS. 

Be it enacted, etc., as follows: 

'mLdlV^' Section 1. Section seventeen of chapter five hundred 
and fifty of the acts of the year nineteen hundred and seven, 
as amended by section four of chapter seven hundred and 
eighty-two of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by adding at the end 

Proviso. of the first paragraph thereof the following : — 'provided, 

however, that nothing herein shall be construed to prevent 
the use in buildings of second or third class construction of 
any cinematograph or similar apparatus operated only with 
cellulose acetate films not more than one inch and one fourth 
in width and using only an inclosed incandescent lamp. 
Section 2. This act shall take effect upon its passage. 

Approved April 11, 1916. 

Chap. 119 An Act relative to the promotion of substitute call 

MEN IN FIRE DEPARTMENTS. 

Be it enacted, etc., as follows: 

fu'bsTtutecaii Section 1. The term "call men or part call men" as 
men in fire ugcd in scctiou ouc of chaptcr four hundred and eighty- 
seven of the acts of the year nineteen hundred and thirteen, 
as amended by chapter one hundred and thirty-eight of the 



General Acts, 191G. — Chap. 120. 93 

acts of the year nineteen hundred and fourteen, shall be 
construed to include substitute call men. 

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

Approved Ayril 11, 1916. 

An Act relative to sales by itinerant vendors. Chav. 120 
Be it enacted, etc., as follows: 

Section 1. Section three of chapter sixty-five of the r. l. g5, §3, 
Revised Laws is hereby amended by striking out the words =""''"'^'^'- 
"secretary of the commonwealth", in the third and fourth 
lines, and inserting in place thereof the words: ^ — commis- 
sioner of weights and measures, — and by striking out the 
word "secretary", where it occurs in the sixth and seventh 
lines, and inserting in place thereof the word: — commis- 
sioner, — so as to read as follows: — Section 3. Every itinerant 
itinerant vendor, whether principal or agent, shall, before licensed. - 
commencing business in this commonwealth, make ap- 
plication in writing, under oath, to the commissioner of 
weights and measures for a license, stating the names and 
residences of the owners or parties in whose interest said 
business is conducted, shall make a special deposit of five Deiaosit 
hundred dollars with the commissioner and pay to him a **"' 
state license fee of twenty-five dollars. The commissioner 
shall thereupon issue to him an itinerant vendor's license 
authorizing him to do business in this commonwealth for 
the term of one year from the date thereof. Every license 
shall contain a copy of the application therefor, shall not be 
transferable, shall not authorize more than one person to 
sell goods as an itinerant vendor, either by agent or clerk 
or in any other way than in his own proper person, shall 
expire in one year from the date thereof and may be earlier 
surrendered for cancellation. A licensee may have the 
assistance of one or more persons in conducting his business 
who may aid him but not act for or without him. 

Section 2. Section four of said chapter sixty-five isRL.es §4, 
hereby amended by striking out the words "secretary of 
the commonwealth", in the first line, and inserting in place 
thereof the words: — commissioner of weights and meas- 
ures, — and by striking out the word "secretary", in the 
third line, and inserting in place thereof the word: — com- 
missioner, — so as to read as follows: — Section 4- The Application for 
commissioner of weights and measures shall keep on file all filed.' 
applications for licenses and a record of all licenses issued 



94 General Acts, 1916. — Chap. 120. 

thereon. All files and records of said commissioner and of 
the respective city or town clerks shall be in convenient 
form and open to public inspection. 

ifml'ndfd.^ ^' Section 3. Section eight of said chapter sixty-five is 

hereby amended by striking out the words "secretary of the 
commonwealth", in the sixth and seventh lines, and in- 
serting in place thereof the words: — commissioner of 

Bankrupt sales, wcights and mcasurcs, — so as to read as follows: — Section 
8. No itinerant vendor shall advertise, represent or hold 
forth any sale as an insurance, l)ankrupt, insolvent, assignee's, 
trustee's, executor's, administrator's, receiver's, wholesale, 
manufacturers' wholesale or closing out sale, or as a sale of 
any goods damaged by smoke, fire, water or otherwise or 
in any similar form, unless he shall before so doing state 
under oath to the commissioner of weights and measures, 
either in the original application for a state license or in a 
supplementary application subsequently filed, all the facts 
relating to the reasons and character of such special sale so 
advertised or represented, including a statement of the 
names of the persons from whom the goods, wares or mer- 
chandise were obtained, the date of delivery to the person 
applying for the license, the place from which said goods, 
wares and merchandise were last taken and all details neces- 
sary to exactly locate and fully identify all goods, wares and 
merchandise to be so sold, and said statement shall be 
copied on the state license. 

^^"ded ^ "' Section 4. Section eleven of said chapter sixty-five is 
hereby amended by striking out the words " secretary of the 
commonwealth", in the second line, and inserting in place 
thereof the words : — commissioner of weights and measures, 

Cancellation of — SO as to read as follows: — Section 11. Upon the ex- 

Hcense.'^'* piratiou and return or surrender of each state license the 
commissioner of weights and measures shall cancel the same, 
indorse the date of delivery and cancellation thereon, and 
place the same on file. He shall then hold the special de- 
posit of the licensee thereunder for sixty days and, after 
satisfying all claims made upon the same under the pro- 
visions of the following section, shall return the surplus to 
the licensee. 

Ilnliided^ 1"- Section 5. Said chapter sixty-five is hereby amended by 
striking out section twelve and inserting in place thereof the 

attechibie^°^'*' foUowing: — Section 12. Each deposit made with the com- 

when. ' missioner of weights and measures shall be subject to at- 
tachment and execution in behalf of creditors of the licensee 
whose claims arise in coimection with the business done 



General Acts, 1916. — Chap. 120. ' 95 

under his state license, and the commissioner of weights 
and measures may be held to answer as trustee, under the 
trustee process, in any civil action in contract or tort brought 
against any licensee and shall pay over under order of court, 
or upon execution, such amoiuit of money as he may be 
chargeable with ujion his answer. Said deposit shall also Special deposit, 
be subject to the payment of any and all fines and penalties payment of 
incurred by the licensee through violations of the pro- ^'^^^•®**- 
visions of the preceding sections, and the clerk of the court 
in which, or the trial justice by whom, such fine or penalty 
is imposed shall thereupon give notice of the name of the 
licensee, upon whom such fine or penalty is imposed, and 
of the amount thereof, to the commissioner of weights and 
measures, who, if he has in his hands a sufficient amount 
deposited by such licensee, shall pay the amount so specified 
to said clerk or trial justice, and if the commissioner shall 
not have a sufficient amount so deposited he shall make 
payment as aforesaid of so much as he has in his hands. 
All judgments, fines or penalties shall be paid in the order order of 
in which notice of the claim is received by the commissioner p^^™^"*- 
of weights and measures, until all such claims are satisfied 
or the deposit exliausted, but no notices filed after the ex- 
piration of the sixty days limit aforesaid shall be valid. 
No payment of any part of said deposit shall be made to a 
licensee unless so much thereof is retained as is required to 
discharge all claims due of which notice has been received 
and which remain undecided or unpaid. 

Section 6. Section twenty-nine of said chapter sixty- r. l. 65, § 29, 
five, as amended by section seven of chapter two hundred ''**^' '*™°'^'^^'^- 
and fifty-three of the General Acts of the year nineteen 
hundred and fifteen, is hereby further amended by inserting 
after the word "pedler", in the sixth line, the words: — 
and itinerant vendor, — and also by inserting after the 
word "pedlers", in the eighth line, the words: — and itin- 
erant vendors, — so as to read as follows : — Section 29. Prosecutors. 
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, and itinerant vendor, whom they 
may have reason to believe guilty of violating the provisions 
of this chapter relating to hawkers and pedlers, and itinerant 
vendors. 

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

Approved April 11, 1916. 



96 ■ General Acts, 1916. — Chaps. 121, 122. 



Chap. 121 An Act relative to the construction of buildings 

IN THE COUNTY OF HAMPDEN FOR A COUNTY TRAINING 
SCHOOL. 

Be it enacted, etc., as follows: 

ITamended. SECTION 1. Sectioii two of chapter one hundred and 
twenty-two of the General Acts of the year nineteen hundred 
and fifteen is hereby amended by inserting after the word 
"hundred", in the fourth Hue, the words: — and forty, — 
Construction of SO as to read as follows: — ■ Section 2. In order to meet the 
Hampden'" expcusc iucurrcd under this act, the county commissioners 
a°TOunty "^ of tlic couuty of Hampdeu are hereby authorized to borrow 
training school, fj-gm time to time upon the credit of the county a sum not 
exceeding one hundred and forty thousand 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 exceed- 
ing five per cent per annum, payable semi-annually, and 
shall be signed by the treasurer of the county and counter- 
signed 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. 

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

Approved April 11, 1916. 

Chav. 122 An Act relative to commitment and discharge of 

FEEBLE-MINDED PERSONS. 

Be it enacted, etc., as follows: 

1909. 504 §63, SectionI. Chapter fivc hundred and four of the acts of 

the year nineteen hundred and nine is hereby amended by 

striking out section sixty-three and inserting in place thereof 

anddi3char"eof ^^^ following: — Scctiou 63. If upon application in writing, 

feeble-minded a judge of probate finds that a person is a proper subject for 



General Acts. 1916. — Chap. 122. 97 

the Massachusetts School for the Feeble-Minded or the 
Wrentham ■ state school, he may commit him thereto by an 
order of commitment directed to the trustees thereof, accom- 
panied by the certificate of a physician, qualified as provided 
in section thirty-two, that such person is a proper subject for 
said institution. The ph^'sician who makes the said certifi- Certificate of 

. -^ • . puysician. 

cate shall have examined the alleged feeble-minded person 
within five days of his signing and making oath to the 
certificate. A certificate bearing date more than ten days 
prior to the order of commitment of any person alleged to 
be feeble-minded shall be void, and the order of commit- 
ment herein provided for shall be void if such person shall 
not be received at the school to which he was committed 
by such order of commitment within thirty days after the 
date thereof. Unless the person sought to be committed is Noticeof 

. i> 1 1 • !• • • commitment. 

present at the tmie of the hearmg, or the application is 
made by some one legally entitled to the custody of such 
person, notice of the application and of the time and place 
of hearing thereon shall be given to the person sought to be 
committed, and the order of commitment shall state what 
notice was given or the finding of facts which made notice 
unnecessary, and shall authorize custody of the person until 
he shall be discharged by order of a court or otherwise in 
accordance with law. 

Section 2. Section sixty-four of chapter five hundred isoo, 504 §64, 

IP i>i i> ^ '' • 1111" amended. 

and tour or the acts 01 the year nineteen hundred and nine 
is hereby amended by inserting after the word "school", in 
the tenth line, the following: — A physician who makes the 
said certificate shall have examined the alleged feeble- 
minded person within five days of his signing and making 
oath to the certificate, and such medical certificate shall be 
void if the person certified to be feeble-minded shall not be 
received at the school to which he is committed within 
thirty days after the date thereof, — so as to read as fol- 
lows: — Section 64- The trustees of said institutions may Voluntary 
at their discretion receive, maintain and educate in the * "^^^'°'*^- 
school department, any feeble-minded person from this 
commonwealth, gratuitously or otherwise, upon application 
being made therefor by the parent or guardian of such 
person, w^hich application shall be accompanied by the 
certificate of a physician, qualified as provided in section 
thirty-two, that such .person is deficient in mental ability, 
and that in the opinion of the physician he is a fit subject 
for said school. A physician who makes the said certificate 



98 



General Acts, 1916. — Chap. 122. 



Medical 
certificate. 



Special pupils. 



1909, 504, § 78. 
amended. 



Application for 
discharge. 



1909, .504, § 79, 
amended. 



Notice to 
superintend- 
ents. 



shall have examined the alleged feeble-minded person within 
five days of his signing and making oath to the certificate, 
and such medical certificate shall be void if the person 
certified to be feeble-minded shall not be received at the 
school to which he is committed within thirty days after 
the date thereof. Special pupils may be received from 
any other state or province at a charge of not less than three 
hundred dollars a year. The trustees may also at their 
discretion receive, maintain and educate in the school de- 
partment other feeble-minded persons, gratuitously or upon 
such terms as they may determine. 

Section 3. Section seventy-eight of said chapter five 
hundred and four is hereby amended by adding at the end 
thereof the following: — Such an application may likewise 
be made by any inmate of the j\Jassachusetts School for the 
Feeble-Minded or of the Wrentham state school, or by any 
person in behalf of such inmate, — so as to read as follows: 
— Section 78. Any person may make written application to 
a justice of the supreme judicial court at any time and in 
any county, stating that he believes or has reason to believe 
that a person named in such application is confined as an 
insane person in a hospital for the insane or other place, 
public or private, and ought not longer to be so confined, 
and giving the names of all persons supposed to be interested 
in keeping him in confinement, and requesting his discharge. 
Such an application may likewise be made by any inmate 
of the Massachusetts School for the Feeble-Minded or of 
the Wrentham state school, or by any person in behalf of 
such inmate. 

Section 4. Section seventy-nine of said chapter five 
hundred and four is hereby amended by striking out the 
word "person", in the seventh and eighth lines, and insert- 
ing in place thereof the words: — or feeble-minded person, 
as the case may be, — so as to read as follows : — Section 
79. The justice, upon reasonable cause shown for a hearing, 
shall order notice of the time and place thereof to be given 
to the superintendent or manager of the hospital or place 
of confinement, and to such other persons as he considers 
proper; and such hearing shall be given as soon as con- 
veniently may be before any justice of said court in any 
county. The alleged insane, or feeble-minded person, as the 
case may be, may be brought before the justice at the hear- 
ing upon a writ of habeas corpus, if any person so requests 
and the justice considers it proper. Pending the decision of 



General Acts, 191G. — Chap. 123. 99 

the court such person shall remain in the custody of the Further 

. , , ^ ' . . . ' , i>roceedings. 

supermtendent or manager. An issue or issues may he 
framed and submitted to a jury by direction of the justice 
or on the request of any person who appears in the case. 
The jurors may be those in attendance on said court, if in 
session at the time of the hearing, or may be summoned for 
the purpose upon the order of the justice substantially in 
accordance with the provisions of chapter one hundred and 
seventy-six of the Revised Laws. 

Section 5. Section eighty of said chapter five hundred a^H^'Jieti ^ ^^' 
and four is hereby amended by inserting after the word 
"confined", in the fifth fine, the words: — or in case of an 
inmate of the Massachusetts School for the Feeble-Minded, 
or of the Wrentham state school, that such inmate is not 
feeble-minded, or that continued custody of his person is 
unnecessary and unreasonable, or that he can be discharged 
with safety to himself and the state, and will be cared for 
properly elsewhere, — so as to read as follows: — Section 80. dan°erou^ to be 
If it appears upon the verdict of the jury, or in the opinion discharged. 
of the justice, if the case is not submitted to a jury, that the 
person so confined is not insane, or that he is not dangerous 
to himself or others and ought not longer to be so confined, 
or in case of an inmate of the IMassachusetts School for the 
Feeble-Minded, or of the Wrentham state school, that such 
inmate is not feeble-minded, or that continued custody of 
his person is unnecessary and unreasonable, or that he can 
be discharged with safety to himself and the state, and will 
be cared for properly elsewhere, he shall be discharged from 
confinement. 

Section 6. This act shall take effect upon its passage. 

Approved April 13, 1,916. 

An Act relative to the acquisition and maintenance (7/^^^) 123 
of aeroplanes by the militia. 

Be it enacted, etc., as follmvs: 

Section 1. The adjutant general is hereby authorized nimntenin°e^°o1 
to receive on behalf of the commonwealth any aeroplanes aeroplanes by 
that may be donated to the commonwealth, to be operated 
by members of the militia under his direction. For the 
maintenance and repair of the same he may expend during 
the current year a sum not exceeding twenty-five hundred 
dollars. 

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

Approved April 14, 1016. 



100 General Acts, 1916. — Chaps. 124, 125. 



Chap. 124: An Act relative to the spreading of tar, oil and 

OTHER SLIPPERY SUBSTANCES UPON PUBLIC WAYS. 

Be it enacted, etc., as follows: 

f^l^oifltc"!! Section 1. It shall be unlawful to spread or place, or 
upon public cause to be spread or placed, tar, oil, or anv other similar 

ways regulated. ^ i i- i • i* 

substance upon any public way, unless withm three hours 
thereafter the same is covered with sand, gravel, peastone 
or other suitable material in such manner as to render the 
way safe for travel. But a way may so be treated without 
being so covered, if the tar, oil, or other similar substance is 
first applied to not more than one half of the travelled 
width of the way, and that half becomes safe for travel 
before the remaining part of the way is similarly treated. 

Alternate route. SECTION 2. A public Way Spread with tar, oil or similar 
substance need not be covered as provided in section one, 
if there be a good alternate route or detour which has not 
been spread with tar, oil or similar substance, or which, if 
so spread, has been rendered safe for travel as provided in 
section one. 

Penalty. Section 3. Violation of this act shall be punished by a 

fine of not less than ten, nor more than one hundred dollars 
for each offence. Approved AiJril I4, 1916. 

Chap.125 An Act relative to clerical assistance for the 

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY 

OF ESSEX. 

Be it enacted, etc., as follows: 
Clerical assist- Section 1. The rcgistcr of probate and insolvencv for 

ance for register " i , , , • 

of probate and tlic couuty of Esscx shall be allowed, in addition to the 

ins'jiVBncv for 

Essex county, auiouut now allowcd by law, an annual sum not exceeding 
five hundred dollars, for the salary of an additional clerical 
assistant, to be paid from the treasury of the commonwealth 
upon the certificate of the judge of probate and insolvency 
for said county. ' 

Time of Section 2. This act shall take effect as of the first day 

of April in the year nineteen hundred and sixteen. 

Approved April I4, 1916. 



General Acts, 1916. — Chaps. 126, 127. 101 



An Act relative to the compensation of state em- Chap. 126 

PLOYEES WHILE SERVING IN THE MILITIA. 

Be it enacted, etc., as follows: 

Any person in the service of the commonwealth shall be Compensation 
entitled, durino; the time of his service in the organized pioyeeswwlo 
militia under the provisions of sections one hundred and nJiitw! "* ^^^ 
forty-one, one hundred and forty-two, one hundred and fifty- 
one, one hundred and fifty-two and one hundred and sixty 
of chapter six hundred and four of the acts of the year 
nineteen hundred and eight, and acts in amendment thereof 
and in addition thereto, to receive pay therefor, without loss 
of his ordinary remuneration as an employee or official of 
the commonwealth, and shall also be entitled to the same 
leaves of absence or vacation with pay given to other like 
employees or officials. Approved April 14, 1916. 

An Act to authorize the transfer to the federal (Jjiaj) 127 

VOLUNTEER MILITARY OR NAVAL FORCE OF ANY OR ALL 
UNITS OF THE STATE VOLUNTEER MILITIA. 

Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent Transfer to 
of the council, is hereby authorized and empowered to volunteer 

,p 1] "x" Ij-x xir militia or naval 

transier any or all organizations, departments or stafi corps force of units of 
of the Massachusetts volunteer militia to such United miutir*"''*^^'^ 
States volunteer military or naval force, other than the 
regular army or navy, as the congress of the United States 
may at any time authorize. Commission or enlistment in 
such United States force shall entitle officers and men to an 
honorable discharge from the Massachusetts volunteer 
militia: provided, that no organization shall be transferred Provisos. 
by the governor to such United States force if a majority 
of the officers and enlisted men of the organization shall by 
vote reject such proposed transfer within thirty days after 
notice to the commanding officer of the organization by the 
governor of his proposal to transfer the organization; pro- 
vided, further, that nothing in this act shall be construed to 
affect the right of any officer to be retired under the pro- 
visions of chapter six hundred and four of the acts of the 
year nineteen hundred and eight, and amendments thereof, 
and provided, further, that any ofl[icer or enlisted man of any 
organization that has been transferred to such United States 



102 



General Acts, 1916. — Chaps. 128, 129. 



State property 
may be used. 



Proviso. 



force, who does not elect to enter the said force, shall be 
entitled to receive an honorable discharge from the Massa- 
chusetts volunteer militia when not in contravention of any 
law of the United States. 

Section 2, The governor, with the advice and consent 
of the council, may lease to, or permit to be used by, any 
United States volunteer military or naval force, organized 
under the laws of the United States, any military or naval 
property belonging to the commonwealth, upon such terms 
and conditions as will fully protect the commonwealth 
against expense: provided, however, that this act shall not 
apply to land or buildings not now owned by the common- 
wealth and used for said purposes. 

Approved April 17, WW. 



Chap. 12S An Act to exempt annual sewer charges from the 

ACT relative to THE PLACING OF SPECIAL ASSESSMENTS 
ON TAX BILLS. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter seventy-five of 
the acts of the year nineteen hundred and eleven shall not 
apply to annual charges for the use of common sewers 
established by cities and towns under the provisions of 
section six of chapter forty-nine of the Revised Laws. 

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

Approved April 18, WW. 



Annual sewer 
charges 
exempt from 
act relative to 
placing special 
assessments on 
tax bills. 



Powers of trust 

companies 

extended. 



(7/iap.l29 An Act to extend the powers of trust companies. 

Be it enacted, etc., as follows: 

Section 1. Any trust company incorporated under the 
laws of this commonwealth shall have power, subject to such 
restrictions as may be imposed by the bank commissioner, to 
accept for payment at a future date drafts and bills of 
exchange drawn upon it, and to issue letters of credit au- 
thorizing holders thereof to draw drafts upon it, or its 
correspondents, at sight or on time: provided, that such 
acceptances or drafts be based upon actual values, but no 
trust company shall accept such bills or drafts to an aggre- 
gate amount exceeding at any one time one half of its paid 
up capital and surplus, except with the approval of the 
bank commissioner, and in no case to an aggregate amount 
in excess of its capital and surplus. 



Proviso. 



General Acts, 1916. — Chaps. 130, 131. 103 

Section 2. Chapter one hundred and sixteen of the R l iie, § 34. 
Revised Laws is hereby amended by striking out section ''"^''" 
thirty-four and inserting in place thereof the following: — 
Section 34- The total liabilities of a person, other than Total liabilities, 
cities or towns, including in the liabilities of a firm the lia- ■*'"°"'' 
bilities of its several members, for money borrowed from 
and drafts drawn on any such corporation having a capital 
stock of five hundred thousand dollars or more shall at no 
time exceed one fifth part of the surplus account and of 
such amount of the capital stock of such corporation as is 
actually paid up. Such total liabilities to any such corpora- 
tion having a capital stock of less than five hundred thou- 
sand dollars shall at no time exceed one fifth of such amount 
of the capital stock of the corporation as is actually paid 
up; but the discount of bills of exchange drawn in good 
faith against actually existing values, and the discount of 
commercial or business paper actually owned by the person 
negotiating it, shall not be considered as money borrowed. 

Section 3. This act shall take effect upon its passage. 

Ap])roved April 18, 1916. 

An Act relative to the verification of the list to be (7/,^^ j^qq 
filed with assessors of taxes. 

Be it enacted, etc., as follows: 

Section 1. Section forty-three of Part I of chapter four 1909,490, 
hundred and ninety of the acts of the year nineteen hundred rmended!'* 
and nine is hereby amended by striking out all after the 
word "clerk", in the fourth line, and inserting in place 
thereof the words: — -or by any notary public or justice of 
the peace in this commonwealth, — so as to read as fol- 
lows: — Section 43. The assessors shall in all cases require Verification of 
a person, firm or corporation bringing in a list to make Sld'wit*h ^'^ 
oath that it is true. The oath may be administered by ^^^l^ 
any of the assessors or by their secretary or head clerk, or 
by any notary public or justice of the peace in this com- 
monwealth. 

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

Ap-proved April 18, 1916. 

An Act relative to the bonds of collectors of taxes. (JJkij) \^\ 

Be it enacted, etc., as follows: 

Section 1 . Section seventy-seven of chapter twenty-five R. l. 25, § 77, 
of the Revised Laws is hereby amended by adding at the '*™''"'^*''^- 



104 



General Acts, 1916. — Chap. 132. 



Tax commis- 
sioner to 
approve bond 
of collector 
of taxes. 



1910, 272, § 2, 
amended. 



Tax commis- 
sioner to 
approve bond 
of special 
collector. 



end thereof the sentence : — The form of the bond shall be 
approved by the tax commissioner, — so as to read as 
follows: — Section 77. The collector of taxes shall give 
bond to the town for the faithful performance of his duties, 
in a sum and with sureties approved by the selectmen. The 
form of the bond shall be approved by the tax commissioner. 

Section 2. Section two of chapter two hundred and 
seventy-two of the acts of the year nineteen hundred and 
ten is hereby amended by adding at the end thereof the 
following: — The form of the bond shall be approved by 
the tax commissioner, — so as to read as follows : — Section 
2. The said special collector shall furnish a satisfactory 
bond for the faithful performance of his duties, in such sum 
as the selectmen may require. The form of the bond shall 
be approved by the tax commissioner. 

Section 3. This act shall take effect upon its passage. 

Aiypromd xipril 18, 1916. 



County 
commissioners 
of Essex 
county to 
reconstruct the 
Essex bridge 
over Danvers 
river, etc. 



C/iap. 132 An Act authorizing and directing the county commis- 
sioners OF the county of ESSEX TO RECONSTRUCT THE 
ESSEX BRIDGE OVER DANVERS RIVER BETWEEN THE CITIES 
OF SALEM AND BEVERLY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Essex, subject to the provisions of chapter ninety-six of the 
Revised Laws and amendments thereof and additions 
thereto, and all other laws which may be applicable, are 
hereby authorized and directed, within two years after the 
passage of this act, to reconstruct the Essex bridge, so- 
called, over Danvers river between the city of Salem and 
the city of Beverly. The bridge as reconstructed shall 
have a suitable permanent pavement, and granolithic side- 
walk, and shall be a pile structure, with wooden floor properly 
waterproofed, except such parts thereof as are solidly 
filled, substantially as shown on a plan on file with the 
board of harbor and land commissioners, except that on the 
westerly side thereof, the bridge shall be ten feet wider 
than as shown on said plan, for its full length, except at the 
draw. 

Section 2. The expense incurred under this act shall be 
paid in the first instance from the treasury of the county of 
Essex. The Bay State Street Railway Company shall pay 
into the treasury of the said county, as its part of the ex- 



Payment of 
expense. 



General Acts, 191G. — Chap. 132. 105 

pense of reconstructing the said bridge a sum equal to Bay state 
ten per cent of the expense of reconstructing the bridge Company tT^ 
substantially in accordance with the plan on file with the expe^e!"* 
harbor and land commissioners; and further, the said rail- 
way company shall pay into the treasury of the said county 
fifty per cent of the cost and expense of widening the said 
bridge ten feet in excess of the width as shown on said plan. 
If the said company pays into the treasury of the said ioca[-on ^ 
county its part of the cost and expense of such reconstruc- said company 
tion and widening, and shall enter into an agreement with 
the said county commissioners to keep that part of the 
roadway on the bridge between its tracks, and eighteen 
inches on either side thereof, in repair and safe for public 
travel, the said company shall thereupon have, and is hereby 
granted, subject to such terms and conditions as the county 
commissioners may impose, a location upon said bridge for 
the construction of two lines of track, except on the draw, 
and for the maintenance of its tracks, poles and wires, and 
the operation of its railway thereon. The location so granted Revocation. 
shall not be revoked except by the county commissioners of 
the county of Essex, after public notice and a hearing, and 
no such revocation shall be valid until approved by the 
public service commission. 

Section 3. The expense incurred under this act shall ^*°- 
not exceed the sum of two hundred thousand dollars, and 
the said commissioners are hereby authorized to borrow on 
the credit of the county such sums, not exceeding the said 
amount, as may from time to time be required for the cost 
and expense aforesaid. All amounts so borrowed shall be 
deposited in the county treasury, and the treasurer of the 
county shall pay out the same as ordered by the county 
commissioners, and shall keep a separate and accurate ac- 
count of all moneys, borrowed and expended under the 
provisions of this act, including interest. 

Section 4. The county of Essex shall, after the assess- Apportionment 
ment upon the Bay State Street Railway Company of the °^ ''°^'" 
amount herein required to be paid by said company, pay 
forty per cent of the remaining cost of reconstruction and 
widening and the city of Salem shall pay thirty-five per 
cent and the city of Beverly twenty-five per cent. The pay- 
ments apportioned and assessed as aforesaid, shall be made 
in three annual instalments, and for that purpose the said 
commissioners shall file from time to time as may be neces- 
sary, in the office of the clerk of courts for the county, a 



106 General Acts, 1916. — Chap. 133. 

meSorcost. detailed statement, certified under their hands, of the actual 
cost of the reconstruction and widening to date; and they 
shall, in the month of June, after such notice as they may 
deem proper, and a hearing, apportion and assess, upon the 
Bay State Street Railway Company and the cities of Salem 
and Beverly, the sums that the said company and the said 
cities are required to pay under the provisions of this act; 
and the said company and each of the said cities shall pay 
the same, respectively, into the treasury of the county 
within sixty days thereafter; and if the said company 
and the said cities, or any of them, shall refuse or neglect to 
pay their proportion, as aforesaid, the commissioners shall, 
after notice to the delinquent company or city, as the case 
may be, issue a warrant against such delinquent company 
or city, for its proportion, with interest and the costs of 
the notice and warrant, and the same shall be collected and 
paid into the treasury of the county, to be applied in pay- 
ment of the expense aforesaid. 

i^ndi!TJcording SECTION 5. Tlic Said county commissioners are hereby 

etc^''^^"''*^'°"' authorized to take or purchase such lands, rights or ease- 
ments as may be required to carry out the purposes of this 
act; but in order to acquire land or rights in land, 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 or rights 
taken or affected sufficiently specific for identification, and 

Damages. shall file a plan of the same in said registry. They shall 

estimate the damages to property, if any, sustained by any 
person by such taking of land, rights or easements, or by the 
reconstruction of said bridge as aforesaid, and any person 
aggrieved thereby may proceed, within one year after the 
filing of said statement, in the same manner as in the case 
of land taken for the laying out of highways, but in no 
event shall interest be recovered against the county for 
more than four per cent per annum. 
Section 6. This act shall take effect upon its passage. 

Approved April 18, 1916. 

ChapAS3 An Act to authorize the appointment of a court 

OFFICER OF THE SUPERIOR COURT FOR THE COUNTY OF 
MIDDLESEX TO ACT AS CHIEF DEPUTY SHERIFF. 

Be it enacted, etc., as fullows: 

MiddLfx The sherift* of the county of Middlesex may appoint one 

county may gf ^j^g court officcrs of the supcrior court to act as chief 



General Acts, 191G. — Chaps. 134, 135. 107 

deputy sheriff for attendance on the superior court of said deputy^heriir. 
county. Such officer, under the orders of the sheriff, and 
in addition to his re^uhir duties as a court officer, shall 
supervise, direct and assign the officers of the said court. 
He shall hold his office subject to the provisions of chapter 
one hundred and thirty-four of the acts of the year nineteen 
hundred and twelve. Appruved April 18, 1016. 

An Act relati\t: to inspectors and collectors of milk. CJiaj) 134 
Be it enacted, etc., as JolJuws: 

Inspectors of milk and collectors of milk samples shall Jnfik''reiu'iated. 
have authority to take samples from milk, intended for sale 
in their respective cities and towns, wherever, within the 
commonwealth, such milk is produced, stored or trans- 
ported, but this act shall not be construed to permit of any 
interference by such inspectors or collectors with milk in 
the course of interstate commerce. 

Approved April 18, 1916. 

An Act relative to the contracts of insurance of Qjidjy 135 

LIFE insurance COMPANIES. 

Be it enacted, etc., as follows: 

Section thirty-four of chapter five hundred and seventy- 1907, 576, § 34, 
six of the acts of the year nineteen hundred and seven, as '^t^., amended. 
amended by chapter eighty-one of the acts of the year nine- 
teen hundred and eight, by chapter four hundred and eighty- 
eight of the acts of the year nineteen hundred and nine, by 
section two of chapter four hundred and ninety-nine of the 
acts of the year nineteen hundred and ten, by chapter two 
hundred and five of the acts of the year nineteen hundred 
and eleven, by chapter five hundred and twentj'-four of the 
acts of the year nineteen hundred and twelve, and by chap- 
ter four hundred and eighty-nine of the acts of the year 
nineteen hundred and thirteen, is hereby further amended 
by inserting after the word "insured", in the thirteenth 
line, of the paragraph beginning with the words "Con- 
tracts of insurance" the words: — or either of them, — 
and by adding at the end of the said paragraph the words: 
— and any such company may provide for the payment of 
a larger sum if death is caused by accident than if it results 
from other causes, provided that the sum thus payable in 
event of such death by accident shall not exceed, on any 
one life, three per cent of the company's aggregate expected 



108 



General Acts, 1916. — Chap. 136. 



Contracts of 
insurance of 
life insurance 
companies. 



mortality as shown by its last annual statement to the in- 
surance department of the commonwealth. The considera- 
tion for such special benefit shall be separately stated in the 
policy, — so that the paragraph as amended will read as 
follows : — Contracts of insurance for each of the classes 
specified in section thirty-two shall be in separate and 
distinct policies notwithstanding any provision of this act 
which permits a company to transact more than one of said 
classes of insurance; except that any domestic life insurance 
company, notwithstanding any limitations of its charter to 
the contrary, and any foreign life insurance company au- 
thorized to transact business in this commonwealth, if it 
is permitted so to do by its charter or by the state in which 
it is incorporated, whether or not it has a capital stock, 
may incorporate in its policies of insurance provisions for 
the waiver of premiums or for the granting of special sur- 
render values therefor in the event that the insured, or 
either of them, thereunder shall from any cause become 
totally and permanently disabled, which provisions shall 
state the special benefits to be granted thereunder and the 
cost of such concessions to the insured, and shall define in 
such policies what shall constitute total and permanent dis- 
speciai benefit, ability, and any such company may provide for the pay- 
ment of a larger sum if death is caused by accident than 
if it results from other causes, provided that the sum thus 
payable in the event of such death by accident shall not 
exceed, on any one life, three per cent of the company's 
aggregate expected mortality as shown by its last annual 
statement to the* insurance department of the common- 
wealth. The consideration for such special benefit shall be 
separately stated in the policy. Ajjproved April 18, 1916. 



C/iap. 136 An Act to authorize the state forest commission to 

TAKE LAND AND TO SELL OR EXCHANGE UNSUITABLE 
LAND. 

Be it enacted, etc., as follows: 

Section two of chapter seven hundred and twenty of the 
acts of the year nineteen hundred and fourteen is hereby 
amended by striking out the said section and inserting in 
place thereof the following : — Section 2. The commission 
shall have power to acquire for the commonwealth by 
purchase or otherwise, and hold any woodland or land 
suitable for timber cultivation within the commonwealth. 



1914, 720, § 2, 
amended. 



State forest 
commission 
may take land 
and sell or 
exchange un- 
suitable land. 



General Acts, 1916. — Chap. 137. 109 

The commission shall have power to take such lands in fee 
with the approval of the governor and council. The com- 
mission may, after a public hearing, sell or exchange any 
land thus acquired which in the judgment of the commission 
can no longer be used advantageously for the purposes of 
this act. The average cost of land purchased by the com- 
mission shall not exceed five dollars an acre. The commis- Commission 
sion shall have the same powers in acquiring land under this tain'^powersin 
act which are given to the metropolitan park commission ufnd.'etcf 
established by chapter four hundred and seven of the acts 
of the year eighteen hundred and ninety-three, and acts 
amendatorj^ thereof, and any person aggrieved by a de- 
termination of damages made by the commission may have 
the same assessed by a jury of the superior court in the 
manner and subject to the limitations specified in said 
chapter four hundred and seven, as amended. 

/{■pyroved Ayril 18, 1916. 

An Act relative to the authority of the public (Jfmj) 137 

SERVICE COMMISSION IN RESPECT TO SWITCH CONNECTIONS 
AND INTERCHANGE TRACKS OF RAILROAD CORPORATIONS 
AND STREET RAILWAY COMPANIES. 

Be it enacted, etc., as follows: 

Section 1 . Section twenty-five of chapter seven hundred ^n'^'n^ed ^ ^^' 
and eighty-four of the acts of the year nineteen hundred and 
thirteen is hereby amended by inserting after the word 
"designate", in the fifteenth line, the words: — and, in case 
the board of aldermen of a city or the selectmen of a town 
act adversely upon, or fail to act within sixty days from 
the date of, the filing of a petition brought by a street rail- 
way company in accordance with the provisions of section 
sixty-four of Part III of chapter four hundred and sixty- 
three of the acts of the ,year nineteen hundred and six, for 
a location of tracks in such city or town upon which the 
petitioning company may construct the switch connection 
or interchange track necessary to the establishment of such 
through routes or transportation, or to the operation of 
such cars or other equipment, the petitioner or any interested 
party may, within sixty days thereafter, file such petition 
with the public service commission which may, if after notice 
and a public hearing it is of the opinion that public con- 
venience and necessity so require, grant locations upon 
which the grantee company may construct the switch 



no 



General Acts, 1916. — Chap 137. 



Public service 
commission 
may establish 
through routes, 
joint rates, etc. 
for passengers 
or freight. 



Switch con- 
nections and 
interchange 
tracks of 
railroads and 
street railways. 



connection or interchange track necessary to the establish- 
ment of such through routes or transportation, or to the 
operation of such cars or other equipment, — by inserting 
after the word "such", in the sixteenth Hue, the words: — 
railroad or railway, — by inserting after the word " com- 
panies", in the twenty-second line, the word: — and, — by 
striking out all after the word "operated", in the twenty- 
fourth line, down to and including the word "equipment", 
in the twenty-eighth line, and by inserting after the word 
^'them", in the thirty-second line, the words: — and 'pro- 
vided, further, that in case of a petition for the establishment 
of such through routes and transportation by railway com- 
panies, or for locations for the construction of the switch 
connection or interchange track necessary to the establish- 
ment of such through routes and transportation by railway 
companies, the commission shall give fourteen days' notice 
of any public hearing held by it under the foregoing pro- 
visions of this section, to the petitioners, to the companies 
affected and to the board of aldermen of the city or the 
selectmen of the town within which the lines of said com- 
panies connect or within which a connection between the 
lines of said companies is proposed to be made, — so as to 
read as follows: — -Section 25. Wherever there is no satis- 
factory through route for the transportation of passengers 
or freight at a reasonable rate the commission shall have 
power by order, after notice and a public hearing had upon 
complaint, to require any two or more railroad or railway 
companies whose lines, owned, operated, leased, or con- 
trolled by stock ownership, or otherwise, form a continuous 
or connecting line of transportation, or could be made to do 
so by the construction and maintenance of switch connection 
or interchange track at connecting points, or by transfer 
of property or passengers at connecting points, to establish 
through routes and joint rates, fares and charges for the 
transportation of passengers and property, and for the 
operation of the cars and other equipment for such trans- 
portation, within the commonwealth, as the commission 
may by its order designate; and, in case the board of alder- 
men of a city or the selectmen of a town act adversely upon, 
or fail to act within sixty days from the date of, the filing of 
a petition brought by a street railway company in accordance 
with the provisions of section sixty-four of Part III of chapter 
four hundred and sixty-three of the acts of the year nineteen 
hundred and six, for a location of tracks in such city or town 



General Acts, 1916. — Chap. 137. Ill 

upon which the petitioning company may construct the 
switch connection or interchange track necessary to the 
estabHshment of such through routes or transportation, or 
to the operation of such cars or other equipment, the pe- 
titioner or any interested party may, within sixty daj's 
thereafter, file such petition with the pubHc service com- 
mission which may, if after notice and a public hearing it is 
of the opinion that public convenience and necessity so 
require, grant locations upon which the grantee company 
may construct the switch connection or interchange track 
necessary to the establishment of such through routes or 
transportation, or to the operation of such cars or other 
equipment; and, in case such railroad or railway companies 
cannot agree as to the division of rates or the conditions 
under which such through routes or transportation shall be 
established or such cars or other equipment operated, the 
commission shall have power, after due hearing, to determine 
and prescribe the proportionate portions of such through 
rates payable to each of such companies, and, the conditions 
under which such through routes or transportation shall be 
established or such cars or other equipment operated: 'pro- Provisos. 
vided, however, that a railroad or railway company shall have 
control of and responsibility for the management and opera- 
tion of all trains or cars while they are upon its railroad or 
railway as fully as if it owned them; and provided, further, 
that in case of a petition for the establishment of such 
through routes and transportation by railway companies, 
or for locations for the construction of the switch connection 
or interchange track necessary to the establishment of such 
through routes and transportation by railway companies, 
the commission shall give fourteen days' notice of any public 
hearing held by it under the foregoing provisions of this 
section, to the petitioners, to the companies affected and 
to the board of aldermen of the city or the selectmen of the 
town within which the lines of said companies connect or 
within which a connection between the lines of said com- 
panies is proposed to be made. The commission may, upon Switch 
reasonable terms and conditions, require and order any rail- fr°e'ighfin" ^°' 
road or railway company which carries freight in carload ''^^^°^'^ ^°^^- 
lots to establish and maintain for the purpose of receiving 
or delivering freight in carload lots, a switch connection with 
any private side track constructed on land adjoining the 
location of any such railroad or railway, if the commission 
is of opinion that such connection is reasonable and practi- 



112 



General Acts, 1916. — ■ Chap. 138. 



cable, can be put in and used with safety, and will furnish 
sufficient business to justify its construction and mainte- 
nance, and the commission may grant to any railway com- 
pany the necessary locations in public ways and places for 
any switch connection ordered by the commission to be 
constructed by such railway company. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1916. 



1914, 795, § 3, 
amended. 



C/iap. 138 An Act to authorize certain municipal officers to 

PREVENT THE GRANTING OF CERTAIN LICENSES BY THE 
FIRE PREVENTION COMMISSIONER. 

Be it enacted, etc., as follows: 

Section three of chapter seven hundred and ninety-five of 
the acts of the year nineteen hundred and fourteen is hereby 
amended by adding at the end thereof the following: — 
provided, however, that the mayor and city council of a city or 
the board of selectmen of a town may disapprove the grant- 
ing of such a license or permit, and upon such disapproval 
the permit or license shall be refused, — so as to read as 
follows: — Section 3. All existing powers, in whatever 
officers, councils, bodies, boards or persons, other than the 
general court and the judicial courts of the commonwealth, 
they may be vested, to license persons or premises, or to 
grant permits for or to inspect or regulate or restrain the 
keeping, storage, use, manufacture, sale, handling, trans- 
portation or other disposition of gunpowder, dynamite, 
nitroglycerine, camphine or any similar fluids or compounds, 
crude petroleum or any of its products, or any explosive or 
inflammable fluids or compounds, tablets, torpedoes, rockets, 
toy pistols, fireworks, firecrackers, or any other explosives, 
and the use of engines and furnaces described in section 
seventy-three of chapter one hundred and two of the Re- 
vised Laws, are hereby transferred to and vested in the 
commissioner: provided, however, that the mayor and city 
council of a city or the board of selectmen of a town may dis- 
approve the granting of such a license or permit, and upon 
such disapproval the permit or license shall be refused. 

Approved April 20, 1916. 



Certain 
municipal 
ofiScers may 
prevent grant- 
ing of certain 
lieensos by the 
fire prevention 
commissioner. 



Proviso. 



General Acts, 1916. — Chaps. 139, 140. 113 



An Act relative to the slaughtering of neat cattle, Chap.139 

SHEEP OR swine NOT INTENDED FOR SALE. 

Be it enacted, etc., as follows: 

Section one hundred and five of chapter seventy-five of |^c.!'amenVed^.' 
the Revised Laws, as amended by section two of chapter 
three hundred and twelve of the acts of the year nineteen 
hundred and two, by section two of chapter two hundred and 
twenty of the acts of the year nineteen hundred and three, 
by section six of chapter three hundred and twenty-nine of 
the acts of the year nineteen hundred and eight, and by 
section two of chapter two hundred and forty-eight of the 
acts of the year nineteen hundred and twelve, is hereby 
further amended by inserting after the word "animals", 
in the fifth line, the words: — • intended for sale, — so as to 
read as follows: — Section 105. The provisions of the six slaughtering 
preceding sections shall not apply to a person not engaged sheep or swine 

1 , . 1 1 . ' • 1 J. • not intended 

m such busmess, who, upon his own premises and not in a for sale, 
slaughter house, slaughters his own neat cattle, sheep or 
swine, but the carcass of any such animals, intended for 
sale, shall be inspected, and, unless condemned, shall be 
stamped or branded according to the provisions of section 
one hundred and three of chapter seventy-five of the Revised 
Laws, as set forth in chapter two hundred and twenty of 
the acts of the year nineteen hundred and three, and as 
amended by chapter four hundred and seventy-one of the 
acts of the year nineteen hundred and nine and by section 
five of chapter two hundred and ninety-seven of the acts of 
the year nineteen hundred and eleven, by an inspector at 
the time of slaughter. Ayyvoved A'pril 20, 1916. 



An Act to establish the fee for the renewal of 
licenses of operators of motor vehicles. 

Be it enacted, etc., as follows: 

Section twenty-nine of chapter five hundred and thirty- \m, 534. §^29, 
four of the acts of the year nineteen hundred and nine, 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 the words "fifty 
cents", in the second line of the fifteenth paragraph, and in- 
serting in place thereof the words: — one dollar, — so that 



Chap.UO 



etc., amended. 



114 



General Acts, 1916. — Chaps. 141, 142. 



Fee established Said paragraph will read as follows: — For every renewal of 
hcenses of ° any Operator's or chauffeur's license to operate automobiles, 
rtor vlhides. one dolkr. 



Approved April 20, 1916. 



Disposal of 
certain records 
and accounts 
of the state 
board of 
agriculture. 



C/iap.141 An Act relative to the disposal of certain records 

AND accounts OF THE STATE BOARD OF AGRICULTURE. 

Be it enacted, etc., as follows: 

Section 1. The records and a*ccounts formerly kept by 
the state board of agriculture under the provisions of section 
four of chapter two hundred and ten of the acts of the year 
eighteen hundred and ninety-one, which chapter was re- 
pealed by section ten of chapter three hundred and eighty- 
one of the acts of the year nineteen hundred and five, may 
be destroyed or otherwise disposed of by order of their 
lawful custodian, and any proceeds received in the course 
of their disposal shall be paid into the treasury of the com- 
monwealth. 

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

Approved April 24, 1916. 



Disposition of 
returns made 
to the bank 
commissioner. 



Chap. 142 An Act relative to the disposition of returns made 

TO THE BANK COMMISSIONER. 

Be it enacted, etc., as follows: , 

Section 1. Returns from corporations made to the bank 
commissioner under the provisions of section thirty-six of 
chapter one hundred and sixteen of the Revised Laws and 
amendments thereof, records of examinations of banks made 
under the provisions of section five of chapter five hundred 
and ninety of the acts of the year nineteen hundred and 
eight, reports made under the provisions of section thirty- 
seven of chapter five hundred and ninety of the acts of the 
year nineteen hundred and eight, and returns made under 
the provisions of section thirty-eight of chapter six hundred 
and twenty-three of the acts of the year nineteen hundred 
and twelve, may, after the lapse of five years from the date 
of their receipt, be destroyed or disposed of by order of 
their lawful custodian, and any proceeds received in the 
course of their disposal shall be paid into the treasury of 
the commonwealth. 

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

Approved April 24, 1916. 



General Acts, 1916. — Chaps. 143, 144. 115 



An Act relative to the enforcement of the act to Chap. 143 

REGULATE THE PROCURING OF PERSONS TO TAKE THE 
PLACE OF EMPLOYEES DURING STRIKES, LOCKOUTS OR 
OTHER LABOR DISPUTES. 

Be it enacted, etc., as folloivs: 

Section 1. Section four of chapter three hundred and ete!'amendtd. 
forty-seven of the acts of the year nineteen hundred and 
fourteen, as amended by section one of chapter one hundred 
and eight of the General Acts of the year nineteen hundred 
and fifteen, is hereby further amended by striking out the 
words "conciliation and arbitration", in the fourth and 
fifth lines, and inserting in place thereof the words: — labor 
and industries, — so as to read as follows: — Section /.Enforcement 

' . . . . , . '^ of act to regu- 

Any person, nrm, association or corporation violating any late procuring 
provision of this act shall, upon complaint of and after take the places 
investigation by the state board of labor and industries, be du^ISf "trikL, 
punished by a fine not exceeding one hundred dollars for ^*''' 
each offence. 
Section 2. This act shall take effect upon its passage. 

Approved April 24, 1916. 

An Act relative to certain exemptions from taxation. ChapA4i4: 

Be it enacted, etc., as follows: 

Section 1 . Section five of Part I of chapter four hun- woa, 490. 
dred and ninety of the acts of the year nineteen hundred and amended. ' 
nine is hereby amended by striking out the ninth clause and 
inserting in place thereof the following: — Ninth, The Property of 
property, to the amount of five hundred dollars, of a widow, aged persMs ^^' 
of an unmarried woman above the age of twenty-one years, exem'^urom 
of a person above the age of seventy-five years or of any taxation, 
minor whose father is deceased, who are legal residents of 
the commonwealth, whether such property be owned by 
such persons separately, or jointly, or as tenants in common: 
provided, that the whole estate, real and personal, of such Proviso, 
person does not exceed in value the sum of one thousand 
dollars, exclusive of property otherwise exempted under the 
provisions of this section and exclusive of the value of the 
mortgage interest held by persons other than the person 
to be exempted in such mortgaged real estate as may be 
included in such whole estate; but if the whole estate, in- 
cluding the value of such mortgage interest, exceeds the 



116 



General Acts, 1916. — Chap. 144. 



Proportional 
exemption. 



1909, 490, 
Part I, § 5, 
amended. 

Property of 
soldiers and 
sailors. 



Provisos. 



sum of five hundred dollars, the amount so exempted shall 
not be less than five hundred dollars. If the property of a 
person entitled to such exemption is taxable in more than 
one city or town, or partly without the commonwealth, only 
such proportion of the five hundred dollars exemption shall 
be made in any city or town as the value of the property 
taxable in such city or town bears to the whole of the taxable 
property of such person. No property shall be so exempt 
which the assessors shall adjudge has been conveyed to 
such persons to evade taxation. A person aggrieved by any 
such judgment may appeal to the county commissioners 
within the time and in the manner allowed by the provisions 
of section seventy-six. 

Section 2. Said section five is hereby further amended 
by striking out the thirteenth clause and inserting in place 
thereof the following : — Thirteenth, The property of the 
following classes of persons who are legal residents of this 
commonwealth to the amount of two thousand dollars in 
the case of each person: provided, that only two thousand 
dollars of the combined estate of any veteran and his wife 
shall be exempted; and provided, jurther, that the whole 
estate, real and personal, of the person so exempted or the 
combined property of a veteran and his wife does not ex- 
ceed five thousand dollars, exclusive of the value of the 
mortgage interest held by persons other than the person to 
be exempted in such mortgaged real estate as may be in- 
cluded in said whole estate or combined property; but 
if said whole estate or combined property, including the 
value of such mortgage interest, exceeds the sum of two 
thousand dollars, the amount so exempted shall not be less 
than two thousand dollars: First, Soldiers and sailors, who 
served in the military or naval service of the United States 
in the war of the rebellion and who were honorably dis- 
charged therefrom, and who, by reason of injury received 
or disease contracted while in such service and in the line 
of duty, lost the sight of both eyes, or lost the sight of one 
eye, the sight of the other having been previously lost, or 
who lost one or both feet, or one or both hands. Second, 
Soldiers and sailors who served as aforesaid and were honor- 
ably discharged as aforesaid, and who, as the result of dis- 
abilities contracted while in such service and in the line 
of duty, have become permanently incapacitated for the 
performance of manual labor to an extent equivalent, in the 
judgment of the assessors, to the loss of a hand or foot. 



General Acts, 191G. — Chap. 144. 117 

Third, Wives or widows of soldiers or sailors who would be Proportional 
entitled to exemption under either of the two preceding ^''^"p*''^'^- 
paragraphs. If the property of a person entitled to such 
exemption is taxable in more than one city or town, or 
partly without the commonwealth, only such proportion 
of the two thousand dollars exemption shall be made in any 
city or town as the value of the property taxable in such 
city or town bears to the whole of the taxable property of 
such person. The certificate of the granting of a pension 
by the United States to a soldier or sailor for an injury or 
disability shall, while the pension continues, be sufficient 
evidence of the receiving of the injury or disability; but the 
assessors may receive other evidence thereof. A person 
aggrieved by the judgment of the assessors may appeal to 
the county commissioners within the time and in the manner 
allowed by the provisions of section seventy-six. 

Section 3. The fourteenth clause of said section five, as i909, 490, 
amended by chapter three hundred and thirty-three of the Ita! amended. 
acts of the year nineteen hundred and ten, is hereby further 
amended by striking out said clause and inserting in place 
thereof the following: — Fourteenth, Soldiers and sailors Exemption 
who served in the military or naval service of the United ofTrtufn*'°° 
States in the war of the rebellion, and who were honorably veterans, etc. 
discharged therefrom shall be assessed for, but shall be 
exempt, at their request, from the payment of a poll tax, 
and the property of soldiers and sailors who served as afore- 
said and were honorably discharged as aforesaid, but who 
would not be entitled to exemption under the preceding 
clause, and the property of the wives or widows of such 
soldiers or sailors, shall be exempted from taxation to the 
amount of one thousand dollars in the case of each person: 
provided, that the combined estate, real and personal, of Provisos. 
the person so exempted and of the husband or wife of such 
person does not exceed in value the sum of five thousand 
dollars, exclusive of the value of the mortgage interest, held 
by persons other than the person to be exempted in such 
mortgaged real estate as may be included in said combined 
estate; but if the combined estate, including the value of 
such mortgage interest, exceeds the sum of one thousand 
dollars, the amount so exempted shall not be less than one 
thousand dollars; and provided, further, that the combined 
exemption of such a soldier or sailor and his wife shall not 
exceed one thousand dollars. If the property of a person 
entitled to such exemption is taxable in more than one city 



118 



General Acts, 1916. — Chap. 145. 



Proportional 
exemption. 



or town, or partly without the commonwealth, only such 
proportion of the one thousand dollars exemption shall 
be made in any city or town as the value of the property 
taxable in such city or town bears to the whole of the taxable 
property of such person. The widows of soldiers and 
sailors who served as aforesaid and who lost their lives in the 
war of the rebellion shall be entitled to exemption as speci- 
fied in the preceding clause. No exemption shall be made 
under the provisions of this clause of the property of a 
person who is not a legal resident of this commonwealth. 
Section 4. This act shall take effect upon its passage. 

Approved April 24, 1916. 



Disposition 
of certain 
application^ 
and reports 
made to the 
district police. 



C/iap. 145 An Act relative to certain applications and reports 

MADE TO THE DISTRICT POLICE. 

Be it enacted, etc., as follows: 

Section 1. Applications to the chief of the district police 
for his approval of entertainments proposed to be given 
on the Lord's day, under the provisions of chapter ninety- 
eight of the Revised Laws and amendments thereof, re- 
ports and records kept under the provisions of sections 
forty-eight, sixty-two and one hundred and forty-four of 
chapter five hundred and fourteen of the acts of the year 
nineteen hundred and nine, which sections were repealed by 
section five of chapter seven hundred and twenty-six of the 
acts of the year nineteen hundred and twelve, inspection 
reports of theatres and halls, made under the provisions of 
section thirty-four of chapter six hinidred and fift}'-five of 
the acts of the year nineteen hundred and thirteen, and 
applications filed for permits for the special exliibition of 
pictures, under the provisions of section twelve of chapter 
seven hundred and ninety-one of the acts of the year nine- 
teen hundred and fourteen, may be destroyed or disposed 
of by order of the said chief after the lapse of two years 
from the date of their receipt, and any proceeds received in 
the course of their disposal shall be paid into the treasury 
of the commonwealth. 

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

Approved April 24, 1916. 



General Acts, 1916. — Chap. 146. 119 



An Act relative to the sale of certain articles of nhnr) 146 

FOOD AND DRINK ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Section 1 . Section three of chapter ninety-eight of the r. l. as, § 3, 
Revised Laws, as amended by chapter four hundred and ^^'^ ' ^""'" '^ " 
fourteen of the acts of the year nineteen hundred and two, 
by chapters one hundred and twenty-six and two hundred 
and seventy-three of the acts of the year nineteen hundred 
and eight, by chapter three hundred and twenty-eight of the 
acts of the year nineteen hundred and eleven, and by chapter 
seven hundred and fifty-seven of the acts of the year nine- 
teen hundred and fourteen, is hereby further amended by 
inserting after the word "day", in the sixteenth Hue, the 
words: — nor the sale by licensed innholders and common 
victuallers of meals cooked on the premises, such as are 
usually served by them, not to be consumed on the premises : 
•protided that such meals shall not consist in whole or in part 
of intoxicating liquors, — so as to read as follows: — Section certain business 
3. The provisions of the preceding section shall not be oaUw"LOTirs'^ 
held to prohibit the manufacture and distribution of steam, ^'"^^^ 
gas or electricity for illuminating purposes, heat or motive 
power, nor the distribution of water for fire or domestic 
purposes, nor the use of the telegraph or the telephone, 
nor the retail sale of drugs and medicines, nor articles ordered 
by the prescription of a physician or mechanical appliances 
used by physicians or surgeons, nor the retail sale of tobacco 
in any of its forms by licensed innholders, common victuallers, 
druggists and newsdealers whose stores are open for the sale 
of newspapers every day in the week, nor the retail sale 
of ice cream, soda water and confectionery by licensed inn- 
holders and druggists, and by such licensed common victual- 
lers as are not also licensed to sell intoxicating liquors and 
who are authorized to keep open their places of business on 
the Lord's day, nor the sale by licensed innholders and 
common victuallers of meals cooked on the premises, such 
as are usually served by them, not to be consumed on the 
premises: 'provided, that such meals shall not consist In Proviso, 
whole or In part of intoxicating liquors, nor the operation 
of motor vehicles, nor the letting of horses and carriages or 
of yachts and boats, nor unpaid work on yachts and pleasure 
boats, nor the running of steam ferry boats on established 
routes, nor the running of street railway cars, nor the prep- 



120 General Acts, 1916. — Chaps. 147, 148. 

Certain business aration, priKtlng and publication of newspapers, nor the 
on the Lord's Sale and delivery of newspapers, nor the wholesale or retail 
^' sale and delivery of milk, nor the transportation of milk, 

nor the making of butter and cheese, nor the keeping open 
of public bath houses, nor the making or selling by bakers 
or their employees, before ten o'clock in the morning and 
between the hours of four o'clock and half past six o'clock 
in the evening, of bread or other food usually dealt in by 
them, nor the selling of kosher meat by any person who, 
according to his religious belief, observes Saturday as the 
Lord's day by closing his place of business during the day 
until six o'clock in the evening; and such person may open 
his place of business on the Lord's day for the sale of kosher 
meat between the hours of six o'clock in the morning and 
ten o'clock in the morning, nor the carrying on of the business 
of bootblacks before eleven o'clock in the forenoon, nor the 
digging of clams or the icing and dressing of fish. 

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

Ayinoved April 24, 1916. 

Chap A47 An Act relative to the disposition of certain returns 

MADE TO THE DEPARTMENT OF ANIMAL INDUSTRY. 

Be it enacted, etc., as follows: 
R. L 90 § 15, Section 1. Chapter ninety of the Revised Laws is 

amended. iii-i- .^p i- 

hereby amended by stnkmg out section mteen and msertmg 
Disposition of in placc thcrcof the following: — Section 15. An inspector 
mLdelothe'^''^ shall kccp a record of all inspections made by him and of 
ofaninwr*' his doiugs therein, and shall make regular returns thereof 
industry. ^^ ^j^g department, but such returns need not be retained 

for more than two years, and may then be destroyed or dis- 
posed of by their lawful custodian, and any proceeds received 
in the course of their disposal shall be paid into the treasury 
of the commonwealth. The department shall prescribe the 
form in which and the times at which such records and 
returns shall be made, and it may at any time inspect them 
and make copies thereof. 

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

Approved April 24, 1916. 

Chap. 14:8 An Act relative to the dissolution of attachments. 

Be it enacted, etc., as follows: 
R- ^-^167, § 121, Section one hundred and twenty-one of chapter one 

hundred and sixty-seven of the Revised Laws is hereby 



General Acts, 1916. —Chap. 149. 121 

amended by adding at the end thereof the following: — 

Wlien successive attachments in favor of different plaintiffs Dissolution of 

1 1 j_jiipij 1 attachments, 

are made upon personal property the deiendant maj^ release how made. 
from the attachments the property attached, or such portion 
thereof as he may elect, by giving bond with sufficient 
sureties to be approved as hereinbefore provided. The 
sheriff of the county in which the first attachment was 
made shall be the obligee on the bond, which shall be de- 
posited immediately after it is given with the clerk of the 
courts for the same coimty, except that in Suffolk county 
it shall be deposited with the clerk of the superior court for 
civil business. The bond shall be conditioned on the de- 
fendant's paying to such sheriff within thirty days after 
final judgment in any such' action or after the entry of a 
special judgment in any such action under the provisions of 
said chapter one hundred and seventy-seven, as the case 
may be, the amount fixed as the value of the property so 
released, and the amount so paid shall be held by the sheriff, 
after deducting the necessary charges, subject to the attach- 
ments in the order in which they were made, and shall be 
disposed of in the same manner as the proceeds of attached 
personal property sold under the provisions of section 
eighty-two of chapter one hundred and sixty-seven of the 
Revised Laws. Approved April 34, 1916. 

An Act relative to untrue and misleading advertise- rjhr,r) 149 

MENTS. 

Be it enacted, etc., as follows: 

Section 1. Any person who, with intent to sell or in untrue and 
any wise dispose of merchandise, securities, service, or any- ^ivmfsements, 
thing offered by such person, directly or indirectly, to the prohibited. 
public for sale or distribution, or who with intent to increase 
the consumption of or demand for such merchandise, securi- 
ties, service, or other thing, or to induce the public in any 
manner to enter into any obligation relating thereto, or to 
acquire title thereto, or an interest therein, makes, publishes, 
disseminates, circulates, or places before the public, or 
causes, directly or indirectly, to be made, published, dis- 
seminated, circulated, or placed before the public within 
the commonwealth, in a newspaper or other publication, 
or in the form of a book, notice, handbill, poster, bill, circular, 
pamphlet, or letter, or in any other way, an advertise- 
ment of any sort regarding merchandise, securities, service. 



122 General Acts, 1916. — Chap. 150. 

or anything so offered to the pubHc, which advertisement 
contains any assertion, representation, or statement of fact 
which is untrue, deceptive, or misleading, and which such 
person knew, or might on reasonable investigation have 

Penalty. ascertained to be untrue, deceptive, or misleading, shall be 

guilty of a misdemeanor and shall be punished by a fine of 
not less than ten or more than five hundred dollars for each 

Proviso. offence: provided, however, that the provisions of this act 

shall not apply to any owner, publisher, printer, agent or 
employee of a newspaper or other publication, periodical 
or circular, or to any agent of the advertiser who in good 
faith and without knowledge of the falsity or deceptive 
character thereof publishes, causes to be published, or partici- 
pates in the publication of such advertisement. 

j^/''^T'" **""™ Section 2. The term "person" as used in section one 

defined. i n • i i i • • • • 

shall mclude a partnership, corporation or association. 
Repeal- Section 3. Chapter four hundred and eighty-nine of the 

acts of the year nineteen hundred and twelve, as amended 
by chapter two hundred and eighty-eight of the acts of the 
year nineteen hundred and fourteen, is hereby repealed. 

Approved April 24, 1916. 



Chap. 150 An Act to extend the time during which action may 

BE BROUGHT UPON THE STANDARD FIRE INSURANCE POLICY 
IN CERTAIN INSTANCES. 

Be it enacted, etc., as follows: 

1^7,^576, § 60, Section 1. The standard fire insurance policy as set 
forth in section sixty of chapter five hundred and seventy- 
six of the acts of the year nineteen hundred and seven, is 
hereby amended by adding to the limitation of action 

Time during clausc the foUowiug: — provided, hoioever, that if, within said 

which action , • i • , i , i . • p . i 

may be brought two ycars, lu accordauce with the provisions oi the pre- 
fi?°i'nfi^anS'^ ccdiug paragraph the amount of the loss shall have been 
^tended''' referred to arbitration after failure of the parties to agree 
thereon, the limitation of time for bringing such suit or 
action shall in no event be less than ninety days after a 
valid award has been made upon such reference or after 
such reference or award has been expressly waived by the 
parties. If suit or action upon this policy is enjoined or 
abated, suit or action may be commenced at any time 
within one year after the dissolution of such injunction, or 
the abatement of such suit or action, to the same extent as 



General Acts, 1916. — Chap. 151. 123 

would be possible if there was no limitation of time provided 
herein for the bringing of such suit or action, — so as to 
read as follows: — No suit or action against this company suit or action, 
for the recovery of any claim by virtue of this policy shall menced."'" 
be sustained in any court of law or equity in this common- 
wealth unless commenced within two years from the time 
the loss occurred: provided, however, that if, within said Proviso. 
two years, in accordance with the provisions of the pre- 
ceding paragraph the amount of the loss shall have been 
referred to arbitration after failure of the parties to agree 
thereon, the limitation of time for bringing such suit or 
action shall in no event be less than ninety days after a 
valid award has been made upon such reference or after 
such reference or award has been expressly waived by the 
parties. If suit or action upon this policy is enjoined or 
abated, suit or action may be commenced at any time 
within one year after the dissolution of such injunction, or 
the abatement of such suit or action, to the same extent as 
would be possible if there was no limitation of time provided 
herein for the bringing of such suit or action. 

Section 2. Until July first, nineteen hundred and seven- untiUuiyi, 
teen, section one of this act may be made effective by attach- effective by 
ing the provision as above amended as a rider to the policy "^^'^ °^ ^^"'^" 
instead of printing it in the body thereof. 

Ajjjjroved April 24, 1916. 



An Act relative to containers used in the sale of (Jfidf) 151 

MILK AT wholesale. 

Be it enacted, etc., as follows: 

vSection 1. Any person selling milk at wholesale to any containers used 

1 IP"! ,• p,i i'j- in sale of milk 

purchaser who rurmshes contamers tor the same may petition at wholesale to 
in writing a sealer or deputy sealer of weights and measures ^® ^^^^'^ ' 
to have such containers tested in the manner provided by 
law and the capacity thereof, thus ascertained, plainly 
stamped or otherwise indelibly marked thereon; and such 
official may direct any such purchaser to have such containers 
so tested and marked. 

Section 2. Any person, firm or corporation who neglects Penalty. 
or refuses to have any such containers tested and marked 
as provided in section one after being directed so to do by 
any sealer or deputy sealer and who continues to use the 
same for the purpose of containing milk purchased from 



124 



General Acts, 1916. — Chaps. 152, 153, 154. 



Registration of 
bonds, etc., 
expense of 
making 
exchange. 



any person who has petitioned any such official as provided 
in said section shall be punished by a fine of not more than 
ten dollars. Approved April 24, 1916. 

Chap. 152 An Act relative to the registration of bonds and 

OTHER SECURITIES. 

Be it enacted, etc., a^ follows: 

The expense involved in making the exchange provided 
for by section one of chapter one hundred and thirty-six of 
the acts of the year nineteen hundred and nine, and by 
section one of chapter three hundred and seventy-seven of 
the acts of the year nineteen hundred and twelve, shall be 
borne by the county, city, town or corporation that issued 
the obligation sought to be exchanged. 

Approved April 24, 1916. 

Chap.l5S An Act relative to the license fee for slaughter 

HOUSES IN TOWNS HAVING LESS THAN TEN THOUSAND 
INHABITANTS. 

Be it enacted, etc., as follows: 

Section 1. In towns having less than ten thousand 
inhabitants the annual license fee for carrying on the business 
of slaughtering neat cattle, sheep or swine shall be such 
sum, not exceeding one hundred dollars, as the selectmen 
shall fix. 

Section 2. So much of section one hundred of chapter 
seventy-five of the Revised Laws, as amended by section 
two of chapter two hundred and ninety-seven of the acts of 
the year nineteen hundred and eleven, as is inconsistent 
herewith shall not apply to the provisions of this act. 

Section 3. This act shall take full effect in any town to 
which it applies upon its acceptance by a majority vote of 
the voters thereof present and voting thereon at any annual 
town meeting; otherwise it shall not take effect. For the 
purpose of such acceptance this act shall take effect upon 
its passage. Approved April 24, 1916. 

Chap. 154: An Act relative to the marking, sale and installation 

OF RANGE boilers. 

Be it enacted, etc., as follows: 

St^.^'lf'range' Section 1. No range boiler shall be sold or offered for 
boilers. sale in this commonwealth unless its capacity is plainly 



License fee for 
slaughter 
houses in 
certain towns. 



Certain 
provisions of 
law not to 
apply. 



Act to be 
submitted to 
voters, etc. 



General Acts, 191G. — Chap, 155. 125 

marked thereon in terms of Massachusetts standard Hqiiid 
measure, together with the maker's business name, in such 
manner that it may easily be identified. 

Section 2. No copper, iron or steel pressure range boiler, Must bo 
whether plain or galvanized, or other vessel or tank in maker's 
which water is to be heated under pressure, shall be sold or t(^s't'!^"^'"' ° 
offered for sale in this commonwealth without having stamped 
thereon the maker's guarantee that it has been tested to not 
less than two hundred pounds hydraulic pressure to the 
square inch. And no such boiler, or other vessel or tank 
in which w\ater is to be heated under pressure, shall be 
installed if the working pressure is greater than forty-two 
and one half per cent of the guaranteed test pressure marked 
thereon by the maker. 

Section 3. Any person who sells or offers or exposes Penalty. 
for sale any range boiler which is not marked or stamped 
as provided in the preceding sections, or which is falsely 
marked as having a capacity which is greater by seven 
and one half per cent than its true capacity, or who marks 
or causes the same to be marked with such false capacity, 
.shall be punished by a fine not exceeding fifty dollars for 
each offence. 

Section 4. This act shall not apply to the sale or offer- Certain range 
ing for sale of installed range boilers or to the sale or offering 
for sale of range boilers as junk. 

Section 5. This act shall take effect on the first day of ^'Sng°effeot. 
July, nineteen hundred and sixteen. 

Approved April 24, 1916. 



An Act to authorize the state department of health Chav.155 

TO PERFORM CERTAIN SERVICES IN ITS LABORATORY FOR 
THE DEPARTMENT OF ANIMAL INDUSTRY. 

Be it enacted, etc., as follows: 

Section 1. The state department of health is hereby state (lepart-^ 
authorized to perform for the department of animal industry may perform 

h. 1 I'l- 1 1 certain services 

terms and conditions as may be agreed upon, for department 

such services in its laboratory as may be necessary in the fnd,l^™y| 

examination of materials from animals suspected of being 

infected with glanders, tuberculosis, rabies or other diseases 

of domestic animals. 

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

Approved April 26, 1916. 



126 



General Acts, 1916. — Chaps. 156, 157. 



Trustees of 
Independent 
Agricultural 
School of 
Bristol county 
may construct 
barn, etc. 



Issue of 
bonds, etc. 



Chap.l^Q An Act to provide funds for constructing a barn and 

FOR PURCHASING EQUIPMENT FOR THE INDEPENDENT 
AGRICULTURAL SCHOOL OF BRISTOL COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of the Independent Agricul- 
tural School of Bristol County are hereby authorized and 
directed to construct a barn, and to purchase laboratory 
tables and other minor items of equipment made necessary 
by recent losses from fire. 

Section 2. For the purposes aforesaid, the county com- 
missioners of said county are hereby authorized and directed 
to borrow a sum not exceeding seven thousand five hundred 
dollars, and to issue bonds or notes of the county therefor. 
Such bonds or notes shall be payable by such annual pay- 
ments, beginning not more than one year after the date of 
each loan, as will extinguish each loan within fifteen years 
from its date, and the amount of such annual payment in 
any year shall not be less than the amount of the principal 
payable in any subsequent year. The county may sell the 
said securities at public or private sale upon such terms and 
conditions as it may deem proper, but not for less than their 
par value. 

Section 3. This act shall take effect upon its passage. 

Api)roved April 26, 1916. 



Chap. 157 An Act relative to the sale of bread. 

Be it enacted, etc., as follows: 



R. L. 57, § 7, 
amended. 



Sale of bread 
regulated. 



Section 1. Section seven of chapter fifty-seven of the 
Revised Laws is hereby amended by adding at the end 
thereof the words: — nor to bread sold or offered for sale 
in wrapped or package form having the net quantity of the 
contents plainly and conspicuously marked on the outside 
of the covering or container as provided by chapter six 
hundred and fifty-three of the acts of the year nineteen 
hundred and fourteen, — so as to read as follows: — Section 
7. The provisions of the four preceding sections shall not 
apply to rolls or to fancy bread weighing less than one 
quarter of a pound, nor to bread sold or offered for sale in 
wrapped or package form having the net quantity of the 
contents plainly and conspicuously marked on the outside of 
the covering or container as provided by chapter six hundred 



General Acts, 1916. — Chaps. 158, 159. 127 

and fifty-three of the acts of the year nineteen hundred and 
fourteen. 

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

Approved April 26, 1916. 

An Act to require fire protection in stables for Chap. 158 

HORSES AND MULES. 

Be it enacted, etc., as folloivs: 

Section 1 . No horse or mule shall be stabled on the Fire protection 

di . ^ n p I'll* 1 x1 in stables for 

or any higher floor of any building unless there are horses and 

two means of exit therefrom, at opposite ends of the building, """ *'''■ 

to the main or street floor. 

Section 2. This act shall not apply to stables equipped J^°certam^'^ 
with an automatic sprinkler system. stables. 

Section 3. Any violation of this act shall be punished Penalty, 
by a fine of not more than two hundred dollars. 

Section 4. This act shall take effect on the first day of J™| °f ^^^'""^ 
January, in the year nineteen hundred and seventeen. 

Approved April 26, 1916. 

An Act to provide for the addition of the town of QJiq^ \^^ 
reading to the north metropolitan sewerage 
district, 

Be it enacted, etc., as follows: 

Section 1. The territory comprising the town of Reading Town of 
is hereby added to the north metropolitan sewerage district to north ^ 
created by chapter four hundred and thirty-nine of the ^weSge'*'^'' 
acts of the year eighteen hundred and eighty-nine and acts 'i's*"<=*- 
in amendment thereof and in addition thereto. In becoming 
a part of said district, said addition shall be subject to the 
provisions and shall conform to the requirements of the 
said acts, except as is otherwise provided herein. Any 
authority granted to other municipalities by said acts is 
hereby also vested in the town of Reading in common with 
such other municipalities. 

Section 2. The metropolitan water and sewerage board outlets, etc. 
shall provide an outlet at the Reading town line in or near 
Brook street for the sewage of said town, and, acting on 
behalf of the commonwealth shall construct a main trunk 
sewer or sewers through such parts of the towns of Wake- 
field and Stoneham and the city of Woburn from the Reading 
town line to such point in the north metropolitan system 



128 



General Acts, 1916. — Chap. 159. 



Certain provi- 
sions of law 
to apply. 



Metropolitan 

Sewerage 

Loan. 



Interest, etc., 
how appor- 
tioned, etc. 



Share of 
interest and 
sinking fund 



as said board may determine to be necessary in order to 
connect with a main trunk sewer in the IMystic valley. 

Section 3. In providing said outlet and in receiving 
sewage from said town, and in any action in relation thereto, 
and for the purpose of taking, constructing and maintaining 
such additional main lines of sewers, the metropolitan 
water and sewerage board, acting on behalf of the common- 
wealth, shall have and exercise all the authority conferred 
upon it by said chapter four hundred and thirty-nine, and 
by chapter one hundred and sixty-eight of the acts of the 
year nineteen hundred and one and by acts in amendment 
thereof and in addition thereto; and all the provisions of 
said acts are made applicable to the additional construction, 
maintenance and operation hereby authorized except as is 
otherwise provided herein. 

Section 4. To meet the expenses incurred under the 
provisions of this act, the treasurer of the commonwealth 
shall from time to time issue in the name and behalf of the 
commonwealth and under its seal, bonds, designated on the 
face thereof. Metropolitan Sewerage Loan, for a term not 
exceeding forty years, to an amount not exceeding two 
hundred and eighty-five thousand dollars in addition to the 
amount of such bonds heretofore authorized for the con- 
struction of the north metropolitan sewerage works. The 
provisions of chapter four hundred and thirty-nine of the 
acts of the year eighteen hundred and eighty-nine and 
chapter four hundred and twenty-four of the acts of the 
year eighteen hundred and ninety-eight, and all acts in 
amendment thereof and in addition thereto shall, so far as 
they are applicable, apply to the indebtedness authorized 
by this act. 

Section 5. The interest and sinking fund requirements 
on account of the moneys expended in constructing that part 
of the sewerage system provided for in this act, and the cost 
of the maintenance and operation thereof, shall be deemed 
to be, and shall be paid as, a part of the interest, sinking 
fund requirements and costs specified in said chapter four 
hundred and thirty-nine of the acts of the year eighteen 
hundred and eighty-nine and acts in amendment thereof and 
in addition thereto, and shall be apportioned, assessed and 
collected in the manner provided by that chapter and acts 
in amendment thereof and in addition thereto except as is 
otherwise provided herein. The town of Reading shall, in 
addition to the yearly payment of the assessment above 



\ 



General Acts, 1916. — Chap. 160. 129 

provided for, pay into the treasury of the commonwealth [l^'},"'''™;'!''*^'' 

for the sinking fund of the north metropolitan sewerage 

district the sum of thirty-five thousand dollars, as follows: 

— one fifth of the said amount shall be added to the yearly 

sum payable by said town on account of its share of the 

interest and sinking fund requirements of the district for 

the succeeding five years. No assessment on account of ^gi^^g'J.o^f" 

maintenance requirements of the north metropolitan sewer- mence. 

age district shall be made upon said town until the calendar 

year in which its sewers shall be connected with the north 

metropolitan system as herein provided. 

Section 6. This act shall take full effect when accepted Sng°effect. 
by vote of a majority of the legal voters of the town of 
Reading present and voting thereon at a meeting called for 
the purpose. Approved April 26, 1916. 

[Accepted May 22, 1916.] 



An Act to provide for exchange of information (Jj^q^jj \qo 
between the state board of charity and overseers 
of the poor and the massachusetts commission for 
the blind, and to provide for aiding persons with 
seriously defective eyesight. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and ^^g'^jg^^j ^ ^• 
eighty-five of the acts of the year nineteen hundred and six 
is hereby amended by inserting at the end thereof the words: 
— The state board of charity and the overseers of the poor 
of cities and towns are hereby directed to aid the commission 
by reporting whenever outdoor or indoor aid is granted to 
families in which there is a blind member or members, and 
the commission is hereby directed to report in turn to the 
state board of charity and the overseers of the poor of cities 
and towns any activity on their part in relation to blind 
persons who or whose families are known to be receiving 
or to have received public outdoor or indoor aid, — so as to 
read as follows : — Section 2. The commission shall be Massachusetts 

ji'j, 1 ' ^ • ' J. i?j.iii*J' commission for 

authorized to prepare and maintain a register of the blind in the blind to 
Massachusetts, which shall describe their condition, cause of "eliTte'i-'^etc. 
blindness and capacity for education and industrial training. 
The chief of the bureau of statistics of labor is hereby directed 
to aid the commission by furnishing it from time to time, 
upon its request, with the names, addresses and such other 



130 



General Acts, 1916. — Chap. 161. 



state board of 
charity and 
overseers of 
poor to 
furnish 
information. 



1906, 3S5, 
amended. 



To prevent 
bhndness, etc. 



facts concerning the blind as may be recorded by the enumer- 
ators in taking any decennial census. The state board of 
charity and the overseers of the poor of cities and towns 
are hereby directed to aid the commission by reporting 
whenever outdoor or indoor aid is granted to families in 
which there is a blind member or members, and the com- 
mission is hereby directed to report in turn to the state 
board of charity and the overseers of the poor of cities and 
towns any activity on their part in relation to blind persons 
who or whose families are known to be receiving or to have 
received public outdoor or indoor aid. 

Section 2. Said chapter three hundred and eighty-five 
is hereby further amended by inserting a new section after 
section two to be numbered 2A as follows: — Section 2 A. 
The commission is further authorized to register cases of 
persons whose eyesight is seriously defective or who are 
liable to become visually handicapped or blind, and to take 
such measures, in co-operation with other authorities, as it 
may deem advisable for the prevention of blindness or con- 
servation of eyesight, and, in appropriate cases, for the 
education of children and for the vocational guidance of 
adults having seriously defective sight. 

Approved April 27, 1916. 



1913, 835, § 1, 
etc., amended 



C/iap. 161 An Act relative to the number of persons that shall 

CONSTITUTE A POLITICAL COMMITTEE. 

Be it enacted, etc., as follows: 

Section one of chapter eight hundred and thirty-five of 
the acts of the year nineteen hundred and thirteen, as 
amended by section one of chapter four hundred and fifty- 
four and also by section one of chapter seven hundred and 
eighty-three of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by striking out the 
word "five", in the third line of the paragraph beginning 
Term "political with the words "The term", and inserting in place thereof 
defiMd"''^ the word : — three, — so that the said paragraph will read 
as follows: — The term "political committee" under the 
provisions of this act relative to corrupt practices, shall 
apply to every committee or combination of three or more 
persons who shall aid or promote the success or defeat of a 
political party or principle in a public election, or shall 
favor or oppose the adoption or rejection of a constitutional 



General Acts, 1916. — Chap. 1G2. 131 

amendment or other question submitted to the voters. 
Tlie term "political committee" as otherwise used shall 
apply only to a committee elected in pursuance of this act. 

Ai)proved April 27, 1916. 



An Act relative to explosives and inflammable fluids (jjiQ'n 1Q2 

AND COMPOUNDS. 

Be it enacted, etc., as follows: 

Section three of chapter three hundred and seventy of the i904, sro, § 3, 
acts of the year nineteen hundred and four, as amended by ^" 
chapter two himdred and eighty of the acts of the year nine- 
teen hundred and five, by chapter five hundred and two of 
the acts of the year nineteen hundred and eight, and by 
section one of chapter two hundred and twenty-three of the 
acts of the year nineteen hundred and ten, and by chapter 
four hundred and fifty-two of the acts of the year nineteen 
hundred and thirteen, is hereby further amended by striking 
out the said section and inserting in place thereof the follow- 
ing: — Section 3. No building or other structure shall be Buildings not 

1 . .. . t> "^ J^ ^ ' , to be used for 

used m any city or town tor the keepmg, storage, manu- storage of 

e J. ^ e e xi, j.* i j • j.* j. explosives, etc., 

lacture or sale or any or the articles named m section two without a 
unless the mayor and aldermen or selectmen shall have •"=®"^^- 
granted a license therefor for one year from the date thereof 
after a public hearing, fourteen days' public notice of which 
shall have been given at the expense of the applicant, and 
unless a permit shall have been granted therefor by the chief 
of the district police, or by some official or officials designated 
by him for that purpose: promded, however, that any building Proviso, 
or other structure once used under a license and permit 
granted as aforesaid or any building or other structure law- 
fully used for any of said purposes may be continued in such 
use from year to year if the owner or occupant thereof shall, 
annually, while such use continues, file for registration with 
the city or town clerk of the city or town where such build- 
ing or other structure is situated and with the chief of the 
district police, or the official designated by him to grant 
permits in such city or town, a certificate reciting such use 
and occupancy. The detective and fire inspection depart- Regulation of 
ment of the district police may by regulation prescribe e-^toshes.etc, 
within its jurisdiction the amount of explosives, crude privat^'^use."' 
petroleum or any of its products, or of any other inflammable 
fluid or compound that may be kept for private use in a 



132 



General Acts, 1916. — Chap. 163. 



License may 
be revoked. 



Fees. 



building or other structure without a license, permit, or 
registration, or any of them. 

The right to use a building or other structure for any of 
said purposes may be revoked for cause after notice and a 
hearing given to such owner or occupant at any time by the 
mayor and aldermen or selectmen having authority to grant 
licenses for such use, or by the chief of the district police. 
A fee of one dollar may be charged for the license and a 
like sum for the permit herein provided for, and one half of 
said sum for the registration of the said certificate. Such 
building or structure shall always be subject to whatever 
alterations in construction and to whatever regulations of 
its use in respect to protection against fire or explosion as the 
detective and fire inspection department of the district 
police may from time to time prescribe. 

Aiyproved April 28, 1916. 



Enforcing 
certain me- 
clianics' liens. 



C/iap.l63 An Act relative to enforcing certain mechanics' 

LIENS. 

Be it enacted, etc., as follows: 

Section 1. Any person who, prior to January first, 
nineteen hundred and sixteen, had acquired a lien or the 
right to enforce a lien in accordance with the provisions of 
chapter one hundred and ninety-seven of the Revised Laws, 
and acts in amendment thereof, may enforce the same in 
the same manner as though chapter two hundred and ninety- 
two of the General Acts of the year nineteen hundred and 
fifteen had not been enacted; and the provisions of said 
chapter one hundred and ninety-seven and acts in amend- 
ment thereof that may be applicable thereto are hereby re- 
enacted so far as is necessary for the aforesaid purpose. 

Section 2. If an action or other proceeding to enforce 
such a lien has been brought in the superior court which 
ought to have been brought in a police, district or municipal 
court or before a trial justice, or if such action or proceeding 
has been brought in a police, district or municipal court 
or before a trial justice, which ought to have been brought 
in the superior court, if the error is discovered at any stage 
of the proceedings the court may, upon motion of any party 
thereto, order the action or proceeding, with all the papers 
relating thereto, to be transferred to the proper court upon 
terms to the defendant; and it shall thereupon be entered 
and prosecuted as if it had been brought therein, and all 



Action may be 
transferred to 
proper court, 
etc. 



General Acts, 191G. — Chaps. 164, 165. 133 

prior proceedings otherwise regularly taken shall thereafter 
be valid. 

Section 3. This act shall take effect upon its passage. 

A'p'proved Ayril 28, 1916. 



An Act to permit certain employees of the common- (jj^Q^p \q^ 
wealth to become members of the state employees' 
retirement association. 

Be it enacted, etc., as follows: 

Section 1. Any person who has heretofore given notice Certain 
in writing to the insurance commissioner that he did not commo^eaith 
wish to join the retirement association established by chapter memb^s°T 
five hundred and thirty-two of the acts of the year nineteen Jj^yel™' 
hundred and eleven, in accordance with clause (1) of section ^f^'J^^'^t^"^ 
three thereof, may become a member of the said association: 
provided, that he gives notice in waiting to the insurance Proviso, 
commissioner during the calendar year nineteen hundred 
and sixteen that he desires to become a member of the 
association. 

Section 2. The pension for prior service of any person Credit for 
becoming a member of the retirement association under the whento'^^''"^' 
provisions of this act shall not be based upon or include any commence. 
allowance for the period of time between the first day of 
June, nineteen hundred and twelve, and the date when 
such person becomes a member of the association. 

Section 3. This act shall take effect upon its passage. 

Approved May 1, 1916. 

An Act to abolish the commission on gratuities for QJidj) ^55 
veteran soldiers and sailors and to transfer its 
duties to the adjutant general. 

Be it enacted, etc., as follows: 

Section 1 . The commission established by section three Duties of 
of chapter seven hundred and two of the acts of the year g?^Sities°for°'^ 
nineteen hundred and twelve is hereby abolished. All the Ind'sa^iol^''^'^" 
rights, powers, duties and obligations conferred and imposed the''ldjutifnt° 
by law on the said commission, except as hereinafter pro- general, etc. 
vided, are hereby transferred to and shall hereafter be 
exercised and performed by the adjutant general, who shall 
be the lawful successor of the said commission. The adjutant 
general shall investigate and act upon all applications made 
under the provisions of said chapter seven hundred and 



134 



General Acts, 1916. — Chap. 166. 



Repeal. 



two and amendments thereof, but no gratuity shall be paid 
except with the approval of the auditor of the common- 
wealth. 

Section 2. Section three of said chapter seven hundred 
and two is hereby repealed. Approved May 1, 1916. 



1911, 509, § 2, 
amended. 



C/iap, 166 An Act relative to the granting of locations for 

POLES AND WIRES FOR THE TRANSMISSION OF ELEC- 
TRICITY. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section two of 
chapter five hundred and nine of the acts of the year nine- 
teen hundred and eleven is hereby amended by inserting 
after the word "chapter", in the tenth line, the words: — 
and having locations in any of the streets of such city or 
town, — and by inserting after the word "petitioners", in 
the fourteenth line, the words : — or by order grant to said 
companies joint or identical locations for the maintenance 
of said existing poles, piers, abutments or conduits, to be 
used in common by them, — so as to read as follows : — 
After the erection or construction of such line the mayor 
and aldermen or selectmen may, after giving the company 
or its agents an opportunity to be heard, or upon petition 
of the company without notice or hearing, by order permit 
an increase in the number of wires or cables, and direct an 
alteration in the location of the poles, piers, abutments or 
conduits or in the height of the wires or cables. The mayor 
and aldermen or selectmen may, upon petition in writing 
by two or more companies subject to the provisions of this 
chapter, and having locations in any of the streets of such 
city or town, without notice or hearing, by order authorize 
any such company to attach its wires and fixtures to existing 
poles, piers or abutments of either or any of the other pe- 
titioners, or to maintain its wires or cables in the conduits 
of either or any of said other petitioners, or by order grant 
to said companies joint or identical locations for the main- 
tenance of said existing poles, piers, abutments or conduits, 
to be used in common by them. The mayor and aldermen 
or selectmen may, upon petition in writing by two or more 
companies subject to the provisions of this chapter, and 
after notice to abutting landowners and a hearing as herein- 
before provided, by order grant to said companies joint or 
identical locations for the erection or construction of poles, 



Granting of 
locations for 
poles and wires 
for the trans- 
mission of 
electricity. 



Joint locations 
for poles, etc. 



General Acts, 1916. — Chap. 167. 135 

piers, abutments or conduits to be owned and used in com- No order 
mon by them. No order of the mayor and aldermen or replace wires, 
selectmen shall be required for renewing, repairing or re- ^^' 
placing wires, cables, poles, piers, abutments, conduits or 
fixtures once erected or constructed under the provisions 
of law, or for making house connections or connections 
between duly located conduits and distributing poles. 
Section 2. This act shall take effect upon its passage. 

Approved May 2, 1916. 

An Act to establish a calorific standard for illumi- Chav. 167 

NATING GAS. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of establishing a calorific CaioriSc 
standard for gas, the board of gas and electric light com- illuminating 
missioners may from time to time, after notice and a public ^^^' 
hearing, determine how many British thermal units shall 
thereafter be required of gas supplied to their consumers 
by gas companies or municipal lighting plants. If, after the Forfeiture. 
establishment of a standard as aforesaid, the gas of any gas 
company or of any city or town supplying gas is found on 
three consecutive inspections, or on three inspections made 
within a period of thirty consecutive days, to be below the 
calorific standard so established, unless such defect is, in 
the opinion of the board, due to unavoidable cause or acci- 
dent, such company, city or town shall be liable to a for- 
feiture of one hundred dollars which may be recovered by 
an information in equity brought in the supreme judicial 
court by the attorney-general at the relation of the board 
and when so recovered shall be paid into the treasury of the 
commonwealth. 

Section 2. In connection with such inquiries as the Suspension 
board may from time to time conduct for the purpose of proyi^kJns of 
making the determination required by the preceding section, ^ei"'^^'^''^ 
the operation of so much of the provisions of section one 
hundred and eighty-one of chapter seven hundred and forty- 
two of the acts of the year nineteen hundred and fourteen as 
relate to the candle power of gas supplied to consumers shall 
be suspended with respect to such gas plants as are being 
utilized by, or under the direction of, the board for testing 
or experimental purposes. 

Section 3. Every gas company or municipal lighting certain gas 
plant which distributes and sells to its consumers over fifteen p'^°*^*^ 



136 



General Acts, 1916. — Chaps. 168, 169, 170. 



Transportation 
and delivery 
of intoxicating 
liquors 
by dealers 
regulated. 



Penalty. 



provide cai- millioii cublc fcct of eras In a year shall, when required by 

orimeter, etc. .ii i • ^ ^ • • -ii i 

tne board, provide and maintani a suitable room not less 
than a quarter of a mile from the gas works with a calori- 
meter of a type and construction approved by the board, 
which shall be open at all reasonable times to the inspector 
and assistant inspectors of gas. 
Section 4. This act shall take effect upon its passage. 

Approved May 2, 1916. 

Chap. 168 An Act to regulate the transportation and delivery 

OF intoxicating liquors. 

Be it enacted, etc., as follows: 

Section 1. No person, firm or corporation holding a 
license of any of the first five classes for the sale of spirituous 
or intoxicating liquors shall transport such liquors into, for 
delivery in, or deliver such liquors in, a city or town in 
which licenses of the first five classes for the sale of intoxi- 
cating liquors are not granted. 

Section 2. Whoever violates the provisions of this act 
shall be punished by a fine of not less than fifty nor more 
than two hundred dollars for each offence, and upon con- 
viction his license shall become null and void. 

Approved May 2, WIG. 

Chap.l&d An Act to authorize the register of probate and in- 
solvency FOR the county OF BRISTOL TO EMPLOY ADDI- 
TIONAL clerical assistance. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency for 
the county of Bristol shall be allowed for clerical assistance, 
in addition to the amount now allowed by law, a sum not 
exceeding eight hundred dollars annually, to be paid from 
the treasury of the commonwealth upon the certificate of 
the judge of probate and insolvency for said county. 

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

Approved May 3, 1916. 

Chap. 170 An Act to create a reserve list of officers in the 

national guard, MASSACHUSETTS VOLUNTEER MILITIA, 
AND IN THE MASSACHUSETTS NAVAL MILITIA. 

Be it enacted, etc., as follows: 

Section 1. Graduates of the training school, national 
guard, Massachusetts volunteer militia, shall, upon their 



Register of 
probate and 
insolvency for 
Bristol county 
may employ 
additional 
clerical 
assistance. 



Reserve list of 
officers created 
in the national 



General Acts, 1916. — Chap. 170. 137 

own request, at any time within the three years next follow- ej'ajd. ^ 
ing the date of graduation, be appointed by the commander- volunteer 
in-chief second lieutenants on the reserve list of the national 
guard, INlassachusetts volunteer militia, which reserve list 
is hereby created, and upon passing satisfactory physical 
examination and examination as to their general fitness to 
perform the duties of second lieutenant in the arm of the 
service specified in their diplomas, in like manner as is, or 
may hereafter be, required of newly commissioned officers of 
the same grade, shall be commissioned accordingly. 

Section 2. Graduates of the naval militia cadet school, ^fficerrfOT*°^ 
Massachusetts volunteer militia, shall, upon their own re- n^jf^^af^^-iitil** 
quest, and at any time within the three years next following 
the date of graduation, be appointed by the commander-in- 
chief ensigns on the reserve list of the Massachusetts naval 
militia, which reserve list is hereby created, and upon passing 
satisfactory physical examination and examination as to 
their general fitness to perform the duties of ensign in the 
Massachusetts naval militia in like manner as is, or may 
hereafter be, required of newly commissioned officers of the 
same grade, shall be commissioned accordingly. 

Section 3. Officers on the reserve list of the national omltr^^^^^^ 
guard, upon being commissioned, may be assigned, for a 
period of one year, as additional second lieutenants, to such 
companies as the commander-in-chief may direct, for the 
purpose of continuing their military training, and officers on 
the reserve list of the naval militia may be assigned to 
corresponding duties with the naval militia for a like period 
and purpose. At the conclusion of said assignments the Continuation 

i.i.piii 1- • J. \ 1 on the reserve 

commander-m-chiet shall cause due mquiry to be made as iist. 
to the efficiency and general fitness of reserve officers, and 
those who shall be found to be zealous, efficient and generally 
fitted to discharge the duties of their grade shall be continued 
on the reserve list for a further period of five years, during 
which time they shall perform such duties consistent with 
the constitution and laws of the commonwealth as may be 
required of them by the commander-in-chief; otherwise 
they shall be honorably discharged. At the end of such Honorable 
further period of five years a reserve officer who has not in 
the meantime received a commission on the active list shall 
be honorably discharged. Officers on the reserve lists of the 
national guard and of the naval militia shall be subject to 
the provisions of all laws now or hereafter applicable to 
commissioned officers of the volunteer militia, active or 
retired, except as is otherwise provided herein. Oflficers on 



138 



General Acts, 1916. — Chap. 171. 



Certain officers 
exempt from 
examinations. 



the reserve lists shall not receive from the commonwealth 
the pay and allowances allowed by law to other commis- 
sioned officers. 

Section 4. Officers on the reserve list of the national 
guard who are elected or appointed to office on the active 
Hst not higher in grade than that of first lieutenant, and 
officers on the reserve list of the naval militia who are elected 
or appointed to office on the active list not higher in grade 
than that of ensign, shall be exempt from passing the exami- 
nations required of other newly commissioned officers of 
those grades and, upon being commissioned and qualified, 
shall be assigned to duty. 

Section 5. This act shall take effect upon its passage. 

Approved May 3, 1916. 



Chap.171 An Act to establish the basis of apportionment of 

STATE AND COUNTY TAXES. 

Be it enacted, etc., as follows: 

Section 1 . The number of polls, the amount of property 
and the proportion of every thousand dollars of state tax, 
including polls at one tenth of a mill each, for each city and 
town in the several counties of the commonwealth, as con- 
tained in the following schedule, are hereby established, and 
shall constitute a basis for apportionment for state and 
county taxes until another is made and enacted by the 
general court, to wit: — 



Basis of 
apportionment 
of state and 
county taxes. 



Barnstable 
county. 



Polls, Property and Apportionment of State and 
County Tax of $1,000. 

BARNSTABLE COUNTY. 





■ 




Tax of $1,000. 


CiTiBs AND Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Barnstable, . 




1,428 


S9,852,706 


$1 78 


Bourne, 










615 


8,006,908 


1 40 


Brewster, 










214 


1,555,568 


28 


Chatham, 










533 


2,161,582 


41 


Dennis, 










597 


1,699,450 


34 


Eastham, 










153 


591,829 


11 


Falmouth, 










1,171 


17,867,525 


3 09 


Harwich, 










647 


1,936,961 


39 


Mashpee, 










81 


368,035 


07 


Orleans, 






385 


9,473,933 


1 62 



General Acts, 1916. — Chap. 171. 



139 



BARNSTABLE COUNTY— Concluded. 



Cities and Towns. 


Polls. 


Property. 


Tax of $1,000, 
including polls 
at one tenth 
of a mill each. 


Provincetown, 
Sandwich, .... 

Truro, 

Wellfleet, .... 
Yarmouth, .... 


1,074 
381 
174 
305 
467 


S2,663,828 

1,692,566 

580,070 

908,666 

2,956,631 


$0 55 
32 

\l 

54 


Totals, 


8,225 


162,316,258 


111 19 



Barnstable 
county. 



BERKSHIRE COUNTY. 



Adams, .... 


2,948 


$9,002,279 


$1 79 


Alford, . 




84 


233,760 


05 


Becket, 




297 


902,800 


18 


Cheshire, 




470 


1,116,806 


23 


Clarksburg, . 




284 


365,171 


09 


Dalton, 




1,088 


7,563,226 


1 37 


Egremont, . 




180 


654,692 


. 13 


Florida, 




109 


583,261 


11 


Great Barrington, 




1,906 


8,026,664 


1 53 


Hancock, 




152 


508,880 


10 


Hinsdale, 




382 


898,016 


19 


Lanesborough, . 




309 


867,353 


18 


Lee, 




1,385 


3,851,745 


78 


Lenox, . 




1,027 


10,724,198 


1 89 


Monterey, . 




119 


442,994 


09 


Mount Washington, 




28 


175,195 


03 


New Ashford, 




27 


85,000 


02 


New Marlborough, 




313 


1,002,600 


20 


North Adams, 




5,264 


18,077,919 


3 54 


Otis, . 




137 


351,154 


07 


Peru, . 




63 


210,107 


04 


Pittsfield, . 




11,560 


45,025,662 


8 66 


Richmond, . 




174 


839,153 


16 


Sandisfield, . 




196 


491,833 


10 


Savoy, . 




157 


251,350 


06 


Sheffield, 




530 


1,625,683 


32 


Stockbridge, 




563 


6,271,692 


1 10 


Tyringham, . 




89 


467,456 


09 


Washington, 




77 


376,000 


07 


West Stockbridge, 




393 


667,513 


15 


Williamstown, . 




1,077 


6,223,944 


1 14 


Windsor, 




121 


390,000 


08 


Totals, . 




31,509 


$128,274,106 


$24 54 



Berkshire 
county. 



140 



General Acts, 1916. — ^Chap. 171. 



Bristol eountv. 



BRISTOL COUNTY. 













Tax of $1,000. 


Cities and Towns. 


Polls. 


Property. 


iacluding polls 
at one tenth 
of a mill each. 


Acushnet, .... 


559 


11,536,589 


$0 31 


Attleboro, 








5,550 


23,294,074 


4 44 


Berkley, 








266 


655,602 


14 


Dartmouth, 








1,196 


6,967,455 


1 28 


Dighton, 








662 


2,018,148 


40 


Easton, 








1,513 


11,820,902 


2 12 


Fairhaven, 








1,537 


5,063,748 


1 00 


Fall River, 








33,550 


115,614,540 


22 62 


Freetown, 








537 


1,373,930 


28 


Mansfield , 








1,702 


5,598,355 


1 10 


New Bedford, 






31,024 


121,294,196 


23 31 


North Attleborough, . 






2,763 


10,582,704 


2 04 


Norton, 






777 


1,900,169 


39 


Raynham, 








478 


1,234,200 


25 


Rehoboth, 








635 


1,183,262 


26 


Seekonk, 








758 


2,097,571 


43 


Somerset, 








873 


2,037,067 


43 


Swansea, 








651 


2,246,604 


44 


Taunton, 








10,122 


31,614,954 


6 28 


Westport, 








813 


2,907,608 


57 


Totals, . 








95,966 


$351,041,678 


$68 09 



County of 
Dukes county. 



COUNTY OF DUKES 


COUNTY. 




Chilmark, .... 


112 


$435,009 


$0 08 


Edgar town, . 






381 


1,595,951 


30 


Gay Head, . 






52 


46,690 


01 


Gosnold, 






51 


852,085 


15 


Oak Bluffs, . 






321 


2,065,203 


38 


Tisbury, 






387 


2,292,566 


42 


West Tisbury, 






116 


772,063 


14 


Totals, . 






1,420 


$8,059,567 


$1 48 



Ease.K county. 



Amesbury, . 

Andover, 

Beverly, 



ESSEX COUNTY. 



2,550 
2,038 
6,805 



$7,539,820 
11,181,675 
51,998,153 



U 51 
2 07 
9 34 



General Acts, 1916. — Chap. 171. 



141 



ESSEX COUNTY — 


Concluded. 










Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 






* 


of a mill each. 


Boxford, .... 


200 


$1,622,102 


$0 29 


Danvers, 






2,951 


9,522,097 


1 88 


Essex, . 






539 


1,493,414 


30 


GeorgetoAvn, 






559 


1,484,119 


30 


Gloucester, . 






7,452 


28,200,772 


5 44 


Groveland, . 






620 


1,475,872 


31 


Hamilton, . 






517 


7,471,904 


1 30 


Haverhill, . 






14,673 


48.575,781 


9 56 


Ipswich, 






1,363 


6,174,478 


1 16 


Lawrence, . 






20,608 


88,578,817 


16 82 


Lynn, . 






28,218 


99,742,227 


19 44 


Lynnfield, 






363 


1,467,753 


28 


Manchester, 






875 


23,304,433 


3 97 


Marblehead, 






2,234 


11,896,391 


2 21 


Merrimac, . 






600 


1,558,290 


32 


Methuen, . 






3,637 


10,592,650 


2 13 


Middleton, . 






331 


1,035,553 


21 


Nahant, 






468 


11,400,072 


1 95 


Newbury, . 






479 


2,561,304 


47 


Newburyport, 






4,131 


13,604,158 


2 68 


North Andover, 






1,500 


7,267,007 


1 36 


Peabody, 






4,875 


17,441,218 


3 39 


Rockport, . 






1,351 


4,314,661 


85 


Rowley, 






381 


2,544,100 


46 


Salem, . 






10,063 


46,481,119 


8 75 


Sahsbury, . 






551 


1,803,791 


36 


Saugus, 






2,777 


7,371,553 


1 51 


Swampscott, 






1,979 


18,273,334 


3 24 


Topsfield, . 






343 


4,988,125 


87 


Wenham, 






306 


4,058,458 


71 


West Newbury, 






447 


1,308,863 


26 


Totals, .... 


126,784 


$558,334,064 


$105 70 



Essex county. 



FRANKLIN COUNTY. 



Ashfield, .... 


272 


$1,022,975 


$0 20 


Bernardston, 


207 


682,766 


13 


Buckland, .... 


477 


2,131,249 


40 


Charlemont, 


320 


664,458 


14 


Colrain, .... 


519 


1,084,927 


23 


Conway, .... 


333 


970,861 


19 



Franklin 
county. 



142 



General Acts, 1916. — ^Chap. 171. 



Franklin 
county. 





FRANKLIN 


COUNTY - 


— Concluded. 










Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 


* 






of a mill each. 


Deerfield, .... 


762 


$2,822,082 


$0 55 


Erving, 








368 


1,625,897 


31 


Gill, . 








270 


549,725 


12 


Greenfield, 








3,953 


15,804,886 


3 03 


Hawley, 








107 


277,852 


06 


Heath, . 








116 


350,405 


07 


Leverett, 








222 


440,657 


10 


Leyden, 








93 


282,464 


06 


Monroe, 








81 


420,000 


08 


Montague, 








2,125 


6,764,685 


1 34 


New Salem, 








174 


459,463 


09 


Northfield, 








438 


1,838,500 


35 


Orange, 








1,671 


5,126,915 


1 02 


Rowe, . 








124 


349,719 


07 


Shelburne, 








442 


2,109,237 


40 


Shutesbury, 








90 


420,000 


08 


Sunderland, 








378 


931,886 


19 


Warwick, 








122 


513,355 


10 


Wendell, 








130 


600,138 


11 


Whately, 








303 


888,997 


18 


Totals, 








14,097 


$49,134,099 


$9 60 



Hampden 
county. 



HAMPDEN COUNTY. 



Agawam, .... 


1,245 


$3,590,615 


$0 72 


Blandford, . 






187 


817,659 


15 


Brimfield, . 






267 


890,522 


17 


Chester, 






407 


997,735 


21 


Chicopee, . 






7,956 


23,913,359 


4 78 


East Longnieado 


w, 




530 


1,551,623 


31 


Granville, . 






219 


680,518 


14 


Hampden, . 






176 


551,758 


11 


Holland, 






45 


150,603 


03 


Holyoke, 






15,984 


73,746,051 


13 88 


Longmeadow, 






507 


3,911,379 


70 


Ludlow, 






1,533 


5,832,307 


1 12 


Monson, 






1,118 


2,812,914 


58 


Montgomery, 






71 


200,000 


04 


Palmer, 






2,698 


6,206,164 


1 30 


Russell, .... 


335 


2,433,162 


44 



General Acts, 1916. — Chap. 171. 



143 



HAMPDEN 


[ 


COUNTY - 


— Concluded. 










Tax of $1,000. 


Cities and Towns. 


Polls. 


Property. 


iucluding polls 
at one tenth 
of a mill each. 


Southwick, .... 


347 


$1,031,641 


$0 21 


Springfield, . 






31,442 


203,417,211 


37 03 


Tolland, 






59 


310,000 


06 


Wales, . 






107 


320,637 


06 


West Springfield, 






3,165 


11,391,075 


2 21 


Westfield, . 






4,717 


14,425,880 


2 87 


Wilbraham, 






700 


2,307,726 


45 


Totals, .... 


73,815 


$361,490,539 


$67 57 



Hampden 

county. 



HAMPSHIRE COUNTY. 



Amherst, .... 


1,748 


$7,993,019 


$1 51 


Belchertown, 






573 


1,104,731 


24 


Chesterfield, 






171 


425,460 


09 


Cummington, 






193 


427,219 


09 


Easthampton, 






2,617 


8,860,269 


1 74 


Enfield, 






247 


905,098 


18 


Goshen, 






83 


280,611 


05 


Granby, 






227 


868,471 


17 


Greenwich, . 






131 


315,815 


07 


Hadley, 






790 


2,430,047 


48 


Hatfield, . 






758 


2,269,518 


45 


Huntington, 






465 


900,160 


20 


Middlefield, 






89 


271,277 


05 


Northampton, 






5,190 


21,374,027 


4 08 


Pelham, 






148 


512,877 


10 


Plainfield, . 






110 


244,006 


05 


Prescott, 






104 


278,167 


06 


South Hadley, 






1,386 


4,067,561 


82 


Southampton, 






251 


677,970 


14 


Ware, . 






2,327 


6,603,594 


1 33 


Westhampton, 






104 


340,021 


07 


Williamsburg, 






627 


1,421,253 


30 


Worthington, 




184 


478,458 


10 


Totals, .... 


18,523 


$63,049,629 


$12 37 



Hampshire 
county. 



144 



General Acts, 1916. — Chap. 171. 



Middlesex 
county. 


MIDDLESEX COUNTY. 










Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Acton, 


682 


$2,903,227 


SO 55 


Arlington, . 






4,063 


19,849,317 


3 71 


Ashby, . 






270 


1,189,009 


23 


Ashland, 






583 


1,553,361 


32 


Ayer, . 






844 


2,536,971 


51 


Bedford, 






402 


2,374,506 


44 


Belmont, 






2,313 


13,667,620 


2 51 


Billerica, 






911 


5,980,588 


1 09 


Boxborough, 






98 


322,503 


06 


Burlington, . 






231 


1,041,894 


20 


Cambridge, . 






28,858 


145,450,647 


27 12 


Carlisle, 






152 


838,071 


15 


Chelmsford, 






1,337 


5,265,126 


1 01 


Concord, 






1,695 


10,683,902 


1 95 


Dracut, 






987 


2,797,559 


56 


Dunstable, . 






114 


681,336 


12 


Everett, 






10,478 


34,653,684 


6 82 


Framingham, 






4,450 


19,554,312 


3 70 


Groton, 






652 


5,495,576 


98 


HoUiston, . 






790 


2,276,737 


46 


Hopkinton, . 






789 


2,048,201 


42 


Hudson, 






2,108 


5,117,127 


1 06 


Lexington, . 






1,759 


11,270,890 


2 05 


Lincohi, 






334 


5,685,144 


98 


Littleton, . * 






345 


1,426,470 


27 


Lowell, . 






25,984 


98,385,020 


18 99 


Maiden, 






14,019 


47,406,486 


9 30 


Marlborough, 






4,678 


12,133,000 


2 49 


Maynard, . 






2,108 


4,374,512 


94 


Medford, 






8,831 


33,214,921 


6 42 


Melrose, 






4,850 


21,109,262 


4 00 


Natick, 






3,354 


9,902,394 


1 99 


Ne^vton, 






11,658 


98,091,454 


17 51 


North Reading, 






321 


1,156,895 


22 


Pepperell, . 






911 


2,699,786 


54 


Reading, 






2,043 


8,775,394 


1 67 


Sherborn, . 






378 


2,970,531 


53 


Shirley, 






621 


1,637,528 


33 


Somerville, . 






24,749 


80,729,831 


15 92 


Stoneham, . 






2,230 


6,389,965 


1 29 


Stow, . 






330 


1,510,037 


28 


Sudbury, 






353 


1,690,102 


32 


Tewksburj', .... 


612 


2,050,020 


40 



General Acts, 1916. — Chap. 171. 



145 



MIDDLESEX COUNTY — Concluded. 



Cities and Towns. 



Townsend, . 

Tyngsborough, 

Wakefield, 

Waltham, 

Watertown, 

Way land, 

Westford, 

Weston, 

Wilmington, 

Winchester, 

Woburn, 

Totals, . 



Polls. 



555 

287 

3,780 

8,286 

4,586 

621 

812 

652 

667 

2,615 

4,809 



200,945 



Property. 



Tax of $1,000, 
including polls 
at one tenth 
of a mill each. 



$1,602,255 

892,321 

13,288,394 

33,696,959 

23,480,955 

3,592,879 

3,065,922 

11,181,997 

2,296,896 

20,298,615 

15,899,337 



$868,187,446 



$0 32 
18 

2 59 
6 44 
4 37 

66 

59 

1 93 

45 

3 64 
3 13 



$164 71 



Middlesex 
county. 



-Nantucket, 
Totals, 



NANTUCKET COUNTY. 



984 



984 



$4,862,297 



$4,862,297 



91 



91 



Nantucket 
county. 



NORFOLK COUNTY. 



Norfolk county. 



Avon, 


642 


$1,189,516 


$0 26 


Bellingham, 






523 


1,196,218 


25 


Braintree, . 






2,565 


10,358,813 


1 98 


Brookline, . 






8,321 


170,891,658 


30 30 


Canton, 






1,355 


8,196,963 


1 50 


Cohasset, 






838 


11,296,338 


1 97 


Dedhain, 






2,812 


17,471,707 


3 19 


Dover, . 






278 


9,555,101 


1 62 


Foxborough, 






1,038 


3,069,633 


62 


Franklin, 






1,745 


5,686,585 


1 12 


Holbrook, . 






786 


2,121,379 


43 


Medfield, . 






608 


2,607,144 


50 


Medway, 






881 


1,962,228 


41 


Millis, . . 






452 


1,724,744 


33 


Milton, 






2,275 


38,117,803 


6 58 



146 



General Acts, 1916. — Chap. 171. 



Norfolk county. 





NORFOLK 


COUNTY - 


- Concluded. 








Tax of $1,000. 


Cities and Towns Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Needham, .... 


1,808 


110,088,369 


$1 86 


Norfolk, 








404 


1,285,295 


25 


Norwood, 








3,296 


18,739,109 


3 45 


Plainville, 








423 


1,114,300 


23 


Quincy, 








12,252 


45,960,081 


8 88 


Randolph, 








1,215 


3,669,606 


73 


Sharon, 








706 


4,125,957 


76 


Stoughton, 








2,156 


4,717,487 


1 00 


Walpole, 








1,628 


8,223,790 


1 53 


Wellesley, 








• 1,732 


22,047,607 


3 85 


Westwood, 








386 


4,980,084 


87 


Weymouth, 








3,884 


14,005,673 


2 72 


Wrentham, 








489 


1,772,072 


34 


Totals, 








55,498 


S432, 175,260 


177 53 



Plymouth 
county. 



PLYMOUTH COUNTY. 



Abington, .... 


1,797 


. $4,632,258 


$0 95 


Bridgewater, 






2,007 


4,844,800 


1 01 


Brockton, . 






19,077 


62,254,312 


12 28 


Carver, 






402 


2,280,266 


42 


Duxbury, 






585 


4,419,119 


79 


East Bridgewatei 


» 




1,064 


3,354,671 


67 


Hahfax, 






220 


709,386 


14 


Hanover, 






817 


2,661,859 


53 


Hanson, 






574 


1,933,472 


38 


Hingham, . 






1,552 


9,705,455 


1 77 


Hull, . . 






480 


9,889,980 


1 70 


Kingston, . 






700 


1,998,080 


40 


Lakeville, . 






386 


1,549,885 


30 


Marion, 






537 


7,988,253 


1 38 


Marshfield, . 






538 


2,908,382 


54 


Mattapoisett 






369 


2,998,181 


54 


Middleborough, 






2,467 


5,985,532 


1 24 


Norwell, 






496 


1,559,399 


31 


Pembroke, . 






402 


1,365,653 


27 


Plymouth, . 






3,480 


15,984,776 


3 01 


Plympton, . 






163 


554,224 


11 


Rochester, . 






377 


1,121,324 


22 


Rockland, 






2,162 


6,268,865 


1 26 


Scituate, 






847 


6,433,579 


1 16 



General Acts, 1916. — Chap. 171. 



147 



PLYMOUTH COUNTY — Concluded. 



Plymouth 
county. 





■ 




Tax of Sl.OOO, 


CrnEs AND Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Wareham, .... 


1,558 


$7,282,097 


$1 37 


West Bridgewater, . . i 806 


1,992,883 


41 


Whitman, .... 
Totals, .... 


2,307 


6,203,961 


1 26 


46,170 


$178,880,652 


$34 42 


SUFFOLK COUNTY. 


SufiFoIk county 


Boston, .... 


210,083 


$1,785,900,512 


$318 53 


Chelsea, .... 


11,241 


32,562,957 


6 55 


Revere, .... 


6,929 


23,812,667 


4 66 


Winthrop, .... 


3,801 


17,378,910 


3 28 


Totals, .... 


232,054 


$1,859,655,046 


$333 02 


WORCESTER COUNTY. 


Worcester 
county. 


Ashburnham, 


580 


$1,626,151 


$0 33 


Athol, . 






2,727 


7,285,009 


1 49 


Auburn, 








867 


1,978,621 


42 


Barre, . 








1,101 


3,071,063 


62 


Berlin, . 








235 


814,134 


16 


Blackstone, 








1,504 


2,597,711 


58 


Bolton, . 








219 


844,849 


16 


Boylston, 








234 


680,530 


14 


Brookfield, 








591 


1,660,274 


34 


Charlton, 








612 


1,686,961 


34 


Clinton, 








3,499 


9,941,414 


2 01 


Dana, . 








183 


536,123 


11 


Douglas, 








605 


1,884,857 


37 


Dudley, 








1,052 


2,753,512 


56 


Fitchburg, 








11,827 


45,470,286 


8 76 


Gardner, 








4,662 


13,873,245 


2 78 


Grafton, 








1,425 


4,289,543 


86 


Hardwick, . 








971 


6,163,875 


1 12 


Harvard, 








324 


2,432,035 


44 


Holden, 








684 


2,277,334 


45 


Hopedale, 








855 


12,476,657 


2 16 


Hubbardston, 


319 


886,105 


18 



148 



General Acts, 1916. — Chap. 171, 



Worcester 
county. 



WORCESTER COUNTY — Concluded. 









1 Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Lancaster, .... 


609 


$13,658,888 


$2 34 


Leicester, 






958 


2,877,486 


58 


Leominster, 






5,162 


15,167,703 


3 04 


Lunenburg, . 






457 


1,814,254 


35 


Mendon, 






280 


861,287 


17 


Milford, 






3,981 


10,930,543 


2 22 


Millbury, . 






1,283 


3,827,782 


77 


New Braintree, 






143 


523,048 


10 


North Brookfield 


) 




821 


2,471,920 


49 


Northborough, 






567 


2,142,627 


41 


Northbridge, 






2,806 


8,305,569 


1 66 


Oakliam, 






165 


457,006 


09 


Oxford, 








955 


2,839,764 


57 


Paxton, 








117 


504,269 


10 


Petersham, 








207 


1,295,782 


24 


PhiUipston, 








106 


436,200 


08 


Princeton, 








262 


1,672,883 


30 


Royalston, 








233 


889,462 


17 


Rutland, 








406 


1,022,615 


21 


Shrewsbury, 






769 


3,372,519 


64 


Southborough, 






547 


3,696,204 


67 


Southbridge, 






4,146 


8,839,397 


1 89 


Spencer, 






1,740 


4,398,315 


91 


Sterhng, 








424 


1,585,180 


31 


Sturbridge, 








475 


1,047,780 


22 


Sutton, 








691 


1,648,225 


34 


Templeton, 








1,148 


2,331,619 


50 


Upton, . 








551 


1,450,853 


30 


Uxbridge, 








1,360 


4,855,874 


94 


Warren, 








1,214 


2,919,145 


61 


Webster, 








3,229 


11,159,386 


2 18 


West Boylston, 






384 


1,222,837 


24 


West Brookfield, 






394 


1,184,716 


24 


Westborough, 






1,223 


3,751,441 


75 


Westminster, 






398 


1,172,874 


24 


Winchendon, 






1,763 


4,918,485 


1 00 


Worcester, . 






46,846 


203,715,427 


38 62 


Totals, . 








121,896 


$460,209,654 


$88 87 



General Acts, 1916. — Chap. 172. 



149 



RECAPITULATION. 



Recapitulatiou. 





1 




Tax of Sl.OOO, 


Counties. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Barnstable, .... 


8,225 


$62,316,258 


$11 19 


Berkshire, 








31,509 


128,274,106 


24 54 


Bristol, 








95,966 


351,041,678 


68 09 


Dukes, . 








1,420 


8,059,567 


1 48 


Essex, . 








126,784 


558,334,064 


105 70 


Franklin, 








14,097 


49,134,099 


9 60 


Hampden, 








73,815 


361,490,539 


67 57 


Hampshire, 








18,523 


63,049,629 


12 37 


Middlesex, 








200,945 


868,187,446 


164 71 


Nantucket, 








984 


4,862,297 


91 


Norfolk, 








55,498 


432,175,260 


77 53 


Plymouth, 








46,170 


178,880,652 


34 42 


Suffolk, 








232,054 


1,859,655,046 


333 02 


Worcester, 








121,896 


460,209,654 


88 87 


Totals, 








1,027,886 


$5,385,670,295 


$1,000 00 



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

Approved May 3, 1916. 



An Act to authorize the metropolitan water and 
sewerage board to make certain improvements in 
the metropolitan water system. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board 
is hereby authorized to construct a line for the transmission 
of electricity between the power station at the Wachusett 
Dam in Clinton and the power station at the Sudbury Dam 
in Southborough ; to relocate and connect meters for the 
measuring of water supplied through the low service to the 
metropolitan water district; to construct a 12-inch pipe 
line in Poplar street, West Roxbury, and under the Ne- 
ponset river; and to install a new pumping engine at the 
Arlington pumping station. 

Section 2. To meet the expenses incurred under the 
provisions of this act, the treasurer and receiver general 
shall issue from time to time upon the request of said board, 
bonds in the name and behalf of the commonwealth desig- 



Chap.172 



Metropolitan 
water and 
sewerage board 
may make 
certain 

improvements 
in metropolitan 
water system. 



Metropolitan 
Water Loan, 
Act of 1916. 



150 



General Acts, 1916. — Chap. 173. 



MetTOpd^Uan nated on the face thereof, MetropoHtan Water Loan, Act of 
Act of 1916.' 1916, to an amount not exceeding one hundred and fifty 
thousand dollars, to be taken from the unexpended balance 
of one hundred and ninety-six thousand dollars appro- 
priated by chapter six hundred and ninety-four of the acts 
of the year nineteen hundred and twelve; and the provisions 
of chapter four hundred and eighty-eight of the acts of the 
year eighteen hundred and ninety-five and acts in amend- 
ment thereof and in addition thereto, shall, so far as appli- 
cable, apply to the indebtedness and proceedings authorized 
by this act. 
Section 3. This act shall take effect upon its passage. 

Approved May 3, 1916. 



1909, 490. 
Part ni, 
§ 5, amended. 



Chap. VIZ An Act to authorize the tax commissioner to furnish 

TO ASSESSORS PRINTED INSTRUCTIONS RELATIVE TO THE 
assessment of REAL ESTATE AND TANGIBLE PERSONAL 
PROPERTY. 

Be it enacted, etc., as folloics: 

Section five of Part III of chapter four hundred and 
ninety of the acts of the year nineteen hundred and nine is 
hereby amended by inserting after the word "common- 
wealth", in the fifth line, the following: — He shall prepare 
and issue printed instructions to assessors as a guide to 
them in carrying out the said purpose. Such printed in- 
structions shall be adapted to varying local circumstances, 
and to differences in the character and condition of property 
subject to local taxation. He may furnish to local assessors 
blank forms for use in valuing such property, — so as to 
read as follows : — Section 5. He may visit any city or 
town, inspect the work of its assessors and give to them 
such information and require of them such action as will 
tend to produce uniformity in valuation and assessments 
throughout the commonwealth. He shall prepare and issue 
printed instructions to assessors as a guide to them in carry- 
ing out the said purpose. Such printed instructions shall 
be adapted to varying local circumstances, and to differences 
in the character and condition of property subject to local 
taxation. He may furnish to local assessors blank forms for 
use in valuing such property. He may cause an assessor 
who violates any of the laws relative to the assessment of 
taxes for which a penalty is imposed to be prosecuted, either 
in the county in which said officer resides or in an adjoining 



Tax commis- 
sioner to 
furnish infor- 
mation and 
printed in- 
structions to 
assessors. 



Blank forma. 



General Acts, 1916. — Chaps. 174, 175. 151 

county. He may appear before the superior court or any Duties, etc.. 

1 j"" (> , • • •, , • i? .1 1 . j_ 'i> further defined. 

board or county commissioners sitting tor the abatement or 
taxes. He shall be allowed his reasonable travelling ex- 
penses incurred under the provisions of this section. He 
shall give his opinion to assessors and collectors upon any 
question arising under any statute relating to the assessment 
and collection of taxes, and may advise and consult with the 
attorney-general upon all questions arising under this pro- 
vision. The supervisors of assessors shall perform, subject 
to the control, approval and direction of the tax commis- 
sioner, all the duties imposed herein upon said tax commis- 
sioner. The duties imposed upon and the powers granted to 
the tax commissioner by the provisions of this act may be 
exercised by him in person or by his deputy or first assistant 
acting under his direction and control. 

Approved May 3, 1916. 

An Act relative to police, district and municipal Chap.174: 

COURTS AND THEIR OFFICIALS AND PRACTICE. 

Be it enacted, etc., as follows: 

Section 1. The process, civil or criminal, of a district, Process of 
police or municipal court shall run throughout the com- trrun thorough 
monwealth for service in any case or proceeding within its '=o°»nio'^weaith. 
jurisdiction. 

Section 2. District, police and municipal courts shall be Practice of 
courts of superior and general jurisdiction with reference to *'^'^*'*"^*'°'^''*^- 
all cases and matters in which they have jurisdiction, and 
it shall not be necessary for any order, decree, judgment, 
sentence, warrant, writ or process which may be made, 
issued or pronounced by them to set out any adjudication or 
circumstances with greater particularity than would be 
required in other courts of superior and general jurisdiction, 
and the like presumption shall be made in favor of proceed- 
ings of such courts as would be made in favor of proceedings 
of other courts of superior and general jurisdiction. 

Approved May 3, 1916. 

An Act relative to the taking of deposits by certain Qhny 1 75 

PERSONS, PARTNERSHIPS, ASSOCIATIONS AND CORPORA- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1. Of the money held for safe-keeping by Amount of de- 
persons, partnerships, associations or corporations, subject a°cashonhand, 

etc. 



152 



General Acts, 1916. — • Chap. 175. 



Investment of 
remainder. 



In real estate. 



In notes secured 
by mortgages 
of real estate, 
etc. 



In notes of 
responsible 
persons. 



In notes of 
responsible 
borrowers 
with pledges. 



to the provisions of chapter four hundred and twenty-eight 
of the acts of the year nineteen hundred and five, as amended 
by chapter four hundred and eight of the acts of the year 
nineteen hundred and six, and by chapter three hundred 
and seventy-seven of the acts of the year nineteen hundred 
and seven, and by chapter three hundred and thirty-eight 
of the acts of the year nineteen hundred and ten, not less 
than twenty per cent shall either be held as cash on hand, 
which may include foreign money, the value of which shall 
be computed at the current rate of exchange, or shall be 
deposited in savings banks, trust companies or national 
banks. The remaining eighty per cent of the money so 
held for safe-keeping shall be invested only as follows : — 

First. As required by section sixty-eight of chapter five 
hundred and ninety of the acts of the year nineteen hundred 
and eight and acts in amendment thereof and in addition 
thereto, relating to the investments of savings banks in this 
commonwealth so far as the same may be applicable and 
except in so far as may otherwise be provided herein. 

Second. In real estate; but the amount invested in any 
one property plus the total amount of the mortgages thereon 
shall not exceed the assessed valuation thereof, or a valua- 
tion made at the expense of the depositary by a board or 
committee of investment of a savings bank or of a trust 
company, or by the security committee of a co-operative 
bank, may be taken as the value of the property for the 
purposes of investment as set forth in this section. 

Third. In notes secured by mortgages of real estate; 
but the amount so invested in any one note shall not exceed 
eighty per cent of the valuation of the real estate described 
in the mortgage deed securing the note, such valuation to 
be determined in the manner prescribed in the second sub- 
division of this section, nor shall such investment be made 
if the total of any prior mortgage or mortgages on the real 
estate so described, plus the amount to be so invested, 
exceeds eighty per cent of the valuation, as aforesaid, of 
that real estate. 

Fourth. In notes which are the joint and several obliga- 
tions of two or more responsible persons, provided that the 
total amount so invested shall not exceed twenty per cent 
of the total amount held for safe-keeping. 

Fi]th. In notes of responsible borrowers with a pledge as 
collateral of (a) one or more chattel mortgages, (b) jewelry, 
(c) deposit books of depositors in savings banks or in the 



General Acts, 1916. — Chap. 175. 153 

savings departments of trust companies or national banks, 
(d) accounts receivable against actual values properly 
secured. 

Sixth. In notes secured by mortgages of real estate where in notes secured 
the amount named in the note is to be advanced in instal- onconstruftTon 
ments for the construction of buildings; but the total etc. "'''^"'^^' 
amount so invested on the security of any one note shall 
never exceed eighty per cent of the assessed valuation of the 
land plus the total amount of money actually paid out for 
materials furnished and for work performed in the con- 
struction of the building or buildings on said land: and the 
tax bill showing the last assessment, and proper evidence to 
the satisfaction of the bank commissioner that the money 
advanced is for actual work performed or materials supplied, 
shall be kept on file in the office of the depositary where 
they may be inspected at any time by the bank commissioner 
or his assistant. 

Seventh. In notes of persons who are depositors with in notes of 
the depositary; but the total amount so loaned to any one '^p"''""'^- 
person shall never exceed twice the amount due from the 
depositary to the borrower. 

Eighth. In notes which are the joint and several obliga- in notes of 

,• n . 1 p 1 • 1 •j_ depositors 

tions or two or more persons, each or whom is a depositor jointly. 
with the depositary; but the amount so loaned on any one 
note shall not exceed twice the amount of the total due by 
the depositary to the borrowers, and in computing this 
total there shall be deducted from it the balance of any out- 
standing financial obligation or obligations of such person 
or persons to the depositary. 

Ninth. In the bonds or other obligations of foreign in bonds 
governments; but such investments must first receive the governm'lnts. 
approval of the bank commissioner. 

Section 2. The notes evidencing indebtedness to the Certain notes 
depositary, mortgage deeds given as security for the notes, pledged as 
and other collateral securing the same, shall not, except ^''''""ty. ets. 
with the approval of the bank commissioner, be pledged as 
security either for money borrowed by the depositary or 
for any other obligation incurred by him, and they shall 
be at all times accessible to the bank commissioner and his 
assistants. 

Section 3. All money received for transmission to a Time limit 

e _ • X I- j^ 1 • -J.' for transmission 

loreign country by any person, partnership, association or of money to 
corporation subject to the provisions of section one of this countries. 
act, shall be forwarded to the persons to whom the same 



154 



General Acts, 1916. — Chap. 176. 



Form of receipt 
to be approved 
by bank com- 
missioner. 



Penalty. 



Time of taking 
effect. 



is directed to be transmitted within seven days after the 
receipt thereof. 

Section 4. The receipt given by any person, partner- 
ship, association or corporation, subject to the provisions of 
section one, for deposits of money received for transmission 
to a foreign country shall be on a form or forms approved 
by the bank commissioner, and the use of any form for 
this purpose which has not so been approved shall be suffi- 
cient cause for revocation of the license granted under the 
provisions of chapter three hundred and fifty-eight of the 
acts of the year nineteen hundred and eleven, and the 
amendments thereof. 

Section 5. Any violation of this act shall be sufficient 
cause for the revocation of the license granted under the 
provisions of said chapter three hundred and fifty-eight, and 
shall be considered as a violation of the conditions of the 
bond required by section one of chapter three hundred and 
seventy-seven of the acts of the year nineteen hundred and 
seven. 

Section 6. Sections one and two of this act shall take 
effect on the first day of July, in the year nineteen hundred 
and seventeen, but the remaining provisions thereof shall 
take effect upon its passage. Approved May 3, 1916. 



Tax commis- 
sioner to furnish 
general court 
certain 

information as 
to revenue. 



Chav 176 ^^ ^^^ ^^ REQUIRE the tax commissioner to furnish 
to the general court certain information as to 
revenue. 

Be it enacted, etc., as follows: 

In the year nineteen hundred and sixteen the tax com- 
missioner shall ascertain the amount and kinds of personal 
property assessed in every city and town in the common- 
wealth under the description of "all other ratable" together 
with the amount of taxes assessed thereon, and shall include 
a statement thereof in his annual report upon "Polls, Prop- 
erty and Taxes." He shall also, on or before the first day 
of May in the year nineteen hundred and seventeen, and 
annually thereafter, inform the general court as to the 
amount of income assessed under any law for the taxation 
of income enacted in the year nineteen hundred and sixteen, 
and also an estimate of the probable amount of taxes that 
will be levied upon incomes under such act. The tax com- 
missioner shall also, on or before said first day of May, 



General Acts, 1916. — Chap. 177. 155 

transmit to the general court an estimate of the amount of 
"all other ratable" personal property that will be assessed 
in the several cities and towns in the year nineteen hundred 
and seventeen. Full authority is hereby given to the tax May require 
commissioner to require from the assessors of the several ^^ra^""* 
cities and towns such reports as may be necessary for carry- 
ing out the provisions of this act. Approved May 3, 1916. 

An Act relative to the disposition of moneys received (JJidj) \'j'j 
IN naturalization cases. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-one of chapter one hundred l^c^imended. 
and sixty-five of the Revised Laws, as amended by chapter 
two hundred and fifty-three of the acts of the year nineteen 
hundred and eight, is hereby further amended by striking 
out all after the words "United States", in the twenty-first 
line, and inserting in place thereof the words : — , in so far 
as such retention is authorized by federal law, but from the 
moneys so retained they shall pay all additional clerical 
force that may be required in performing the duties im- 
posed by the said naturalization laws, — so as to read as 
follows: — Section 31. The clerks of the courts in the Disposition of 
several counties, and of the supreme judicial court and the received in 
superior court in the county of Suffolk, shall keep a cash cases'!'* 
book, which shall be county property and shall be and 
remain a part of the records of the courts, in which they 
shall keep accounts of all fees received by them for their 
official acts and services, including fees for copies which 
they are not required by law to furnish, fees and money in 
proceedings relative to naturalization or for naturalization 
certificates, and all fees and money of whatever description 
or character received by them, or by any assistant or other 
person in their offices or employment, for any acts done or 
services rendered in connection with their said offices, and 
shall on or before the tenth day of each month pay over 
to the treasurer of the county, or to such other officer as is 
entitled to receive them, all fees received during the pre- 
ceding calendar month, and shall render to him an account 
thereof under oath: provided, however, that the said clerks proviso, 
may retain that part of any moneys received by them 
under or by authority of the naturalization laws of the 
United States, in so far as such retention is authorized by 
federal law, but from the moneys so retained they shall pay 



156 



General Acts, 1916. — Chaps. 178, 179. 



all additional clerical force that may be required in perform- 
ing the duties imposed by the said naturalization laws. 
Section 2. This act shall take effect upon its passage. 

Approved May 8, 1916. 



Payment of 
expenses of 
rebuilding 
Wellington 
bridge. 



Chap. VI d> An Act to provide for payment of the expenses of 

REBUILDING WELLINGTON BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The expenditure of a sum not exceeding 
eleven thousand dollars is hereby authorized, under the pro- 
visions of chapter seven hundred and ninety-four of the acts 
of the year nineteen hundred and fourteen, as amended by 
chapter two hundred and seventy-six of the General Acts of 
the year nineteen hundred and fifteen, in addition to the 
sums appropriated by said acts, for the payment of such 
sums as may be found due by the metropolitan park com- 
mission, subject to the approval of the attorney-general, 
for work already performed and material furnished in the 
construction of Wellington bridge in Somerville and Med- 
ford, under the provisions of said acts. 

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

Approved May 8, 1916. 



1913, 835, § 103, 
etc., aniended. 



Chap. 179 An Act to prevent the vf)TERs of one political party 

FROM voting in THE PRIMARIES OF ANOTHER POLITICAL 
PARTY. 

Be it enacted, .etc., as follows: 

Section 1. Section one hundred and three of chapter 
eight hundred and thirty-five of the acts of the year nine- 
teen hundred and thirteen, as amended by section one of 
chapter seven hundred and ninety of the acts of the year 
nineteen hundred and fourteen, is hereby further amended 
by striking out the last paragraph, so as to read as follows: 
— Section 103. Ballots for use at state and presidential 
primaries shall' be prepared and provided, and the number 
thereof determined, by the secretary of the commonwealth, 
and no other ballots shall be received or counted: provided, 
however, that if the ballots provided for any polling place are 
not delivered, or if after delivery they are lost, destroyed or 
stolen, the city or town clerk or election commissioners 
shall provide ballots similar as far as possible, which ballots 
may be used. 



Ballots for state 
and presidential 
primaries, 
preparation, 
etc. 

Proviso. 



General Acts, 1916. — Chap. 179. 157 

Section 2. Section one hundred and four of said chapter lois, sss, § io4. 
eight hundred and thirty-five, as amended by section two ^tc, amended. 
of said chapter seven hundred and ninety, is hereby further 
amended by striking out the last paragraph, so as to read as 
follows: — Section IO4. The city or town shall provide and ^^jf^^J^ '''^^ 
the city or town clerk shall prepare ballots to be used in primaries, 

. . 1 1 1 11 1 11 1 • 1 preparation, 

city or town primaries, and no other ballots shall be received etc. 
or counted. No ballots as herein provided shall be printed 
in any printing establishment owned or managed by the 
city of Boston. 

Section 3. Section one hundred and five of said chapter 1913, sss, § 105, 
eight hundred and thirty-five, as amended by section three ^^"^ 
of said chapter seven hundred and ninety, is hereby further 
amended by inserting after the word "ballot ", in the fourth 
line, the words : — of each party, — so as to read as fol- 
lows: — Section 105. The number of ballots for use at Number of 
city or town primaries shall be determined by the city clerk determ'ined. 
in cities, and by the town clerk in towns, and shall not for 
any ward or town exceed one ballot of each party for each 
voter therein. 

Section 4. Said chapter eight hundred and thirty-five, 1913, sss. § loe, 

11. ,. Ill 1-1 j^'i» etc., amended. 

as amended in section one hundred and six by section tour 

of said chapter seven hundred and ninety, is hereby further 

amended b\' striking out said section one hundred and six 

and inserting in place thereof the following: — Section 106. ^f^°\l^l,^^''^ 

Ballots for each party shall be printed on paper of a different printed on 

color from that on which the ballots for any other party ditfefent color. 

are printed. At least six facsimile copies of the ballot for 

each party, printed on colored paper, shall be provided for 

each polling place as specimen ballots. 

Section 5. Section one hundred and seven of said i^'^- ^^< ^^^^' 
chapter eight hundred and thirty-five, as amended by section 
five of said chapter seven hundred and ninety, is hereby 
further amended by striking out, wherever they occur in 
said section, the words "official primary ballot", and in- 
serting in place thereof the words : — official ballot of the 
(here shall follow the party name), — so as to read as fol- 
lows: — Section 107. At the top of each ballot shall be Form of official 
printed the words "The official ballot of the (here shall ^ ^^' 
follow the party name)." On the back and outside of each 
ballot when folded shall be printed the words "Official 
ballot of the (here shall follow the party name) ", followed 
by the number of the precinct and ward or the name of the 
town for which the ballot is prepared, the date of the pri- 



158 



General Acts, 1916. — Chap. 179. 



Arrangement of 
names. 



To be arranged 
in groups in 
order of 
drawing. 



Proviso. 



Street and 
number of 
residence to 
be printed. 



Certain state- 
ment to be 
printed. 



Names to be 
printed on 
ballot, blank 
spaces to be 
provided, etc. 



Number to be 
voted for to be 
stated on ballot. 

Form of 
ballots, etc. 



1913, 835, § 109. 
etc., amended. 



Delivery of 
ballots, etc., at 
polling places. 



mary and for state or presidential primaries a facsimile of 
the signature of the secretary of the commonwealth and 
for city or town primaries a facsimile of the signature of the 
city or town clerk. Names of candidates for each elective 
office shall be arranged alphabetically according to their 
surnames. 

Names of candidates for ward or town committees, and 
for delegates to conventions shall be arranged in groups in 
such order as may be determined by lot, under the direction 
of the secretary of the commonwealth, who shall notify each 
state committee and give a representative of each such 
committee an opportunity to be present: provided, however, 
that, when necessary, groups may be printed on the ballot 
in two or more columns. 

Against the name of a candidate for an elective office, for 
a ward or town committee or for a member of a state com- 
mittee shall be printed the street and number, if any, of his 
residence. 

Against the name of a candidate for an elective office 
shall be printed the statement contained in the nomination 
paper placing him in nomination. 

No names shall be printed on a ballot other than those 
presented on nomination papers. Immediately following the 
names of candidates, blank spaces equal to the number of 
persons to be chosen shall be provided for the insertion of 
other names. 

The number of persons to be voted for for the different 
offices shall be stated on the ballot. 

The form of ballots and the arrangement of printed 
matter thereon shall be in general the same as that of the 
official state ballots, except as otherwise provided in the 
sections concerning primaries. 

Section 6. Section one hundred and nine of said chap- 
ter eight hundred and thirty-five, as amended by section 
six of said chapter seven hundred and ninety, is hereby 
further amended by inserting the words, "for each party", 
after the word "ballots", in the twelfth line, and after the 
word "ballots", in the fourteenth line, so as to read as 
follows: — Section 109. The city or town clerk, or in Boston 
the election commissioners, before the opening of the polls 
on the day of the primary, shall deliver at the polling place 
to the warden or, if he is not present, to the clerk or, if 
both are absent, then to any inspector, ballot boxes, the 
ballots, specimen ballots, voting lists, suitable blank forms 



General Acts, 1916. — Chap. 179. 159 

and apparatus for canvassing and counting the ballots and 
making the returns, a seal of suitable device and a record 
book for each polling place. The presiding officer at each Specimen 
polling place shall, before the opening of the primary, con- pasted, etc.^ 
spicuously post in such polling place at least six specimen 
ballots for each party, which shall be kept so posted until 
the polls are closed, except that where voting booths are 
provided two of such specimen ballots for each party may 
be posted on such booth. 

Section 7. Section one hundred and ten of said chapter i9i3, 835, §iio, 
eight hundred and thirty-five, as amended by section seven ^*''' '*'"^'''^''*^- 
of said chapter seven hundred and ninety, is hereby further 
amended by striking out the said section and inserting in 
place thereof the following: — Section 110. When, in a Political party, 
primary, a voter seeks to pass the guard rail, he shall be votei^""'"^ 
asked by one of the ballot clerks, with which political party 
he desires to be enrolled, and the ballot clerk upon reply 
shall distinctly announce the name of such political party 
and give him such political party ballot. The voter's selection 
shall be checked on the voting list used by the ballot clerk, 
and such list shall be returned to the election commissioners 
in Boston, or to the city clerk in any other city, or to the 
town clerk in towns, for preservation during the next succeed- 
ing three calendar years. Said officers shall, upon receiving 
a written request therefor, furnish a certified copy of said 
list to any ward, town or city committee. The party en- 
rolment of voters on such voting lists, and all subsequent 
party enrolment of voters, shall be transferred each year to 
the voting lists used at subsequent primaries, providing the 
names of such voters have been entered, in Boston, in the 
annual register prepared by the election commissioners from 
the police lists, and in other cities and in towns, in the 
annual register prepared from the assessors' lists. 

Section 8. Section one hundred and eleven of said i9i3, sss, § in, 
chapter eight hundred and thirty-nve, as amended by section 
eight of said chapter seven hundred and ninety, is hereby 
further amended by striking out the said section and insert- 
ing in place thereof the following: — Section 111. No Voters enrolled 
voter enrolled at a primary shall be allowed to receive the panj^'^tto''^' 
ballot of any political party except that with which he is Ldfotof^^ 
so enrolled, but he may establish, change or cancel his en- ^^^Z\ party, 
rolment by appearing in person before the election commis- ^^■ 
sioners in Boston, the city clerk in any other city, or the 
town clerk in towns, and requesting in writing to have his 



160 



General Acts, 1916. — Chap. 179. 



Proviso. 



1913, 835, § 112, 
etc., amended. 



Counting of 
votes. 



1913, 835, § 118, 
etc., amended. 



Nomination 
papers to be 
submitted to 
registrars; in 
Boston to the 
election 
commissioners. 



Number of 
names to be 
certified, etc. 



enrolment changed to another party, or cancelled, or by 
filing with such officer the said request in writing acknowl- 
edged before a justice of the peace: 'provided, that such 
change or cancellation shall not take effect until the ex- 
piration of thirty days after so appearing, or filing said 
request. No voter enrolled as a member of one political 
party shall be allowed to receive the ballot of any other 
political party, upon a claim by him of erroneous enrolment, 
except upon a certificate of such error from the election 
commissioners or board of registrars, as the case may be, 
which certificate shall be presented to the presiding officer 
of the primary and preserved as part of the records of such 
primary; but the political party enrolment of a voter shall 
not preclude him from receiving at a city or town primary 
the ballot of any municipal party, though in no one primary 
shall he receive more than one party ballot. 

Section 9. Section one hundred and twelve of said 
chapter eight hundred and thirty-five, as amended by section 
nine of said chapter seven hundred and ninety, is hereby 
further amended by striking out said section and inserting 
in place thereof the following: — Section 113. In the 
counting of votes when the ballots are removed from the 
ballot box, they shall first be sorted into piles, one for each 
party, and each pile shall be counted and sealed separately. 
Votes shall be counted only for nominations of the party 
on whose ballot they appear. 

Section 10. Said chapter eight hundred and thirty- 
five, as amended in section one hundred and eighteen by 
section eleven of said chapter seven hundred and ninety, is 
hereby further amended by striking out said section one 
hundred and eighteen and inserting in place thereof the 
following: — Section 118. Every nomination paper shall 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 the city or town in which the signers appear 
to be voters, and in Boston, to the election commissioners, 
who shall forthwith certify thereon the number of signatures 
which are names of voters both in the city or town and in 
the district for which the nomination is made, and who are 
not enrolled in any other party than that whose nomination 
the candidate seeks. 

They need not certify a greater number of names than 
are required to make a nomination, with one fifth of such 
number added thereto. Names not certified in the first 



General Acts, 1916. — Chap. 180. 161 

instance shall not thereafter be certified on the same nomi- 
nation papers. The secretary of the commonwealth 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. For the purpose of Son""" """"^ 
certifying to the names on primary nomination papers it ^°hd'^'''°"^" 
shall be the duty of the board of registrars of voters, in meetings to 

." . . ,111 . • .1 certify names 

Boston the election commissioners, to hold meetings on the on nomination 
four Saturdays next preceding the date on which such p^p^"- 
papers are required to be filed with the secretary of the 
commonwealth, except that such meetings shall be held 
on the two Saturdays next preceding the date on which the 
papers are required to be so filed for primaries before special 
elections. 

No person shall be a candidate for nomination for more No person to 
than one office for which such nominations are made; but for more than 
this shall not apply to candidates for membership in political except, etc. 
committees or delegations to the state convention. 

Section 11. This act shall be referred to the people for Act to be 
their rejection or approval at the polls, and shall be voted Voters at next 
on at the next annual state election, and shall become law ^^^^'"^ ^°'^- 
if approved by a majority of the voters voting thereon. 
The act shall be referred in the form of the following ques- 
tion to be placed upon the official ballot: "Shall an act 
passed by the General Court in the year nineteen hundred 
and sixteen, entitled 'An Act to prevent the voters of one 
political party from voting in the primaries of 
another political party ' be approved and become 
law?" 



YES. 



Approved May 8, 1916. 



An Act to provide for the protection of the public nhQ^j^ ]^cq 

HEALTH IN THE VALLEY OF THE NEPONSET RIVER. 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and forty-one of the 1902, 541, § 1, 
acts of the year nineteen hundred and two, as amended by ® '^" ^"^^'^ 
section one of chapter three hundred and sixty 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 1. The state depart- state depart- 

„,,,., I i-i IT 1 I'U'j. ment of health 

ment of health is hereby authorized and directed to prohibit to protect 
the entrance or discharge of sewage into any part of the in valley of the 

Neponset river. 



162 



General Acts, 1916. — Chaps. 181, 182. 



Neponset river or its tributaries, and to prevent the entrance 
or discharge therein of any other substance which may be 
injurious to the pubHc health or may tend to create a public 
nuisance or to obstruct the flow of water, including all waste 
or refuse from any factory or other establishment where 
persons are employed, unless the owner thereof shall use the 
best practicable and reasonably available means to render 
such waste or refuse harmless. Approved May 8, 1916. 



Chap. 181 An Act to provide for the completion of the addition 

ON THE WESTERLY SIDE OF THE STATE HOUSE. 



Be it enacted, etc., as follows: 



1915,256 (G), 
§ 3, amended 



Section 1. Section three of chapter two hundred and 
fifty-six of the General Acts of the year nineteen hundred 
and fifteen is hereby amended by inserting after the word 
"hundred", in the fifth line, the words: — and sixty-five, — 
Completion of SO as to read as follows : — Section 3. In order to defray 
westeHy skte of the cxpcuses which may be incurred in carrying out the pro- 
the state house. yjgJQ^g gf ^j^jg 2iQ.i, the trcasurcr and receiver general is 
hereby authorized to issue, in the name of the common- 
wealth, bonds or notes to an amount not exceeding six hun- 
dred and sixty-five 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 2. This act shall take effect upon its passage. 

Approved May 0, 1916. 



Chap. 182 An Act to authorize the employment of clerical 
assistance by the treasurer of the county of 

NORFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
thirty-one of the acts of the year nineteen hundred and seven 
is hereby amended by striking out the words "six hundred", 
in the third line, and inserting in place thereof the Avords: 
— one thousand, — so as to read as follows: — Section 1. 



1907, 231, § 1, 
amended. 



General Acts, 1916. — Chaps. 183, 184. 163 

The treasurer of the county of Norfolk shall annually be Treasurer of 
allowed from the treasury of the county a sum not exceeding may employ 
one thousand dollars for clerical assistance, subject to the asTiLtonce. 
approval of the county commissioners of said county. 
Section 2, This act shall take effect upon its passage. 

Approved May 9, 1916. 



An Act relative to accommodations for inmates at the (Jhav 183 

PRISON CAMP AND HOSPITAL. 

Be it enacted, etc., as follotvs: 

Section 1. Section sixty-five of chapter two hundred tended ^^' 
and twenty-five of the Revised Laws is hereby amended by 
striking out the words "not more than one hundred", in 
the fourth line, so as to read as follows: — Section 65. After Establishment 
such land has been so taken, the prison commissioners, with and hospitar^ 
the approval of the governor and council, shall cause iron 
buildings of cheap construction to be erected thereon for 
the accommodation of prisoners. When such buildings are Superintend- 
ready for occupancy, the governor may issue his proclama- menti^cte!"*^' 
tion establishing on such land a temporary industrial camp 
for prisoners, and the prison commissioners may appoint a 
superintendent thereof, w^ho shall hold his office at their 
pleasure, give such bond as they require, receive such salary 
as they determine and who shall have the custody of all 
prisoners removed thereto. The superintendent, with the 
approval of the prison commissioners, may appoint and 
determine the compensation of assistants, and they shall 
hold their office at his pleasure. 

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

Approved May 9, 1916. 



An Act relative to suits against voluntary associa- ni.f,^ -104 

TIONS created by ^VRITTEN INSTRUMENTS OR DECLARA- ^' 

TIONS OF TRUST. 

Be it enacted, etc., as follows: 

Section 1. A voluntary association, created by written suits against 
instrument or declaration of trust, the beneficial interest I^odSs 
in which is divided into transferable certificates of partici- Written ^^ 
pation or shares, may be sued in an action at law for debts jfedLrSfMsof 
and other obligations or liabilities contracted or incurred fust. 
by the trustees under such written instrument or declaration 



164 



General Acts, 1916. — Chap. 185. 



of trust, or by the duly authorized agents of such trustees, 
or by any duly authorized officer of the association, in the 
performance of their respective duties under such written 
instrument or declaration of trust, and for any damages 
to persons or property resulting from the negligence of such 
trustees, agents, or officers acting in the performance of 
their respective duties, and its property shall be subject to 
attachment and execution in like manner as if it were a 
corporation, and service of process upon one of the trustees 
shall be sufficient. 
Section 2. This act shall take effect upon its passage. 

Approved May 9, 1916. 



Cities may 
maintain 
schools of 
agriculture and 
horticulture. 



Chap. 185 An Act to authorize cities to maintain schools of 

AGRICULTURE AND HORTICULTURE. 

Be it enacted, etc., as follows: 

Section 1 . Any city which accepts the provisions of this 
act may establish and maintain schools for instructing fam- 
ilies and individuals by means of day, part-time or evening 
classes in gardening, fruit growing, floriculture, poultry 
keeping, animal husbandry, and other branches of agriculture 
and horticulture. The location and organization of the 
said schools, and the instruction given therein shall be 
subject to the approval of the board of education. 

Section 2. After the acceptance of this act by any city 
and before further action hereunder is taken, the school 
committee shall cause to be circulated a description of the 
purposes and scope of the instruction to be given hereunder 
with a request for applications from those desiring such 
instruction. 

Section 3. The city council or other board or officer 
having power to take land for school purposes in any city 
which accepts the provisions of this act may, in conformity 
with the provisions of general law relative to the taking of 
land by municipalities, take in fee any land in said city not 
already appropriated to public uses for the purpose of main- 
taining a school hereunder, or may lease or purchase in fee 
any land, either within or without the city limits, for the 
said purpose. The school committee of the city may erect 
suitable buildings upon the land so acquired, and may make 
provision, on terms that will not involve loss to the city, for 
the use of plots of ground and for the temporary housing of 



Description of 
purposes, etc., 
to be circulated. 



City council 
may take land, 
etc. 



School com- 
mittee to erect 
suitable build- 
ings, etc. 



YES. 




NO. 





General Acts, 1916. — Chap. 186. 165 

those attending the school, and complying with its regula- 
tions, who have not access to other land suitable for giving 
proper effect to the instruction of the school. 

Section 4. This act shall be submitted to the voters in Act to be 
the several cities of the commonwealth at the next annual voters at next 
state election for their acceptance or rejection, and shall ^ ^ ^ ^ ^^ '°"' 
take effect in any city if a majority of the voters of that 
city voting thereon shall vote in the affirmative. The 
act shall be submitted in the form of the following question 
to be placed upon the official ballot: "Shall an act, passed 
by the general court in the year nineteen hundred and six- 
teen, to authorize cities to maintain schools of agriculture 
and horticulture and to make provision, in 
certain instances, for the temporary housing of 
persons attending the school, be accepted?" 

Approved May 9, WW. 



An Act to authorize the metropolitan park commis- (Jjidjy igQ 

SION TO improve CERTAIN LANDS GIVEN TO THE COMMON- 
WEALTH BY THE TOWN OF ARLINGTON. 

Be it enacted, etc., as follows: 

Section 1. In order to improve for parkway purposes Metropoi- 
the land given to the commonwealth by the town of Arlington commLion 
under authority of chapter one hundred and eighty-eight ^rtLiS^Ws^ 
of the Special Acts of the year nineteen hundred and fifteen, nw^^JSlh 
the metropolitan park commission is hereby authorized to Ariin^ton^ 
expend the sum of twenty thousand dollars. 

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 bonds or 
certificates of indebtedness to the amount of twenty thou- 
sand dollars as an addition to the IMetropolitan Parks Loan, 
Series Two. Such bonds or scrip shall be issued in such 
amounts and upon such terms, and shall bear such rate of 
interest not exceeding 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 determined by the treasurer and receiver general, 
with the approval of the governor and council, to be for the 
best interests of the commonwealth. 

Approved May 0, 1016. 



166 General Acts, 1916. — Chap. 187. 



Chap. 187 An Act to PRovroE punishment for attempted escapes 

FROM THE PRISON CAMP AND HOSPITAL. 

Be it enacted, etc., as Jolloics: 

1904, 243, §2, Section 1. Section two of chapter two hundred and 

forty-three of the acts of the year nineteen hundred and 
four is hereby amended by inserting after the word " escapes ", 
in the first line, the words : — or attempts to escape, — by 
inserting after the word "camp", in the second line, the 
words : — now known as the prison camp and hospital, — by 
inserting after the word "thereto", in the third line, the 
words: — or therefrom, or while employed therein, — by 
inserting after the word "escape", in the fifth line, the 
words: — or attempt to escape, — and by striking out the 
words "state farm", in the last line, and inserting in place 
thereof the words : — institution to which he was originally 
sentenced for not less than one year nor more than five 
years. The expense of supporting such prisoner shall be 
paid by the institution to which he is sentenced and the 
expense of committing him shall be paid by the prison 

Punishment for camp and hospital, — so as to read as follows : — Section 2. 

attempted •• i ^ j_ i_ j_ p l^ 

escapes from A prisoncr wlio cscapcs, or attempts to escape, irom the 
and'hos''pHah land or buildings of said camp, now known as the prison 
camp and hospital, or from the custody of an officer while 
being conveyed thereto, or therefrom, or while employed 
therein, may be pursued and re-captured; and upon com- 
plaint before any district court or trial justice may be 
punished for such escape, or attempt to escape, by a sentence 
of imprisonment at the institution to which he was originally 
sentenced for not less than one year nor more than five 
years. The expense of supporting such prisoner shall be 
paid by the institution to which he is sentenced and the 
expense of committing him shall be paid by the prison 
camp and hospital. 
Section 2. This act shall take effect upon its passage. 
{The foregoing ivas laid before the governor on the third day 
of May, 1916, and after five days it had "the force of a law", 
as prescribed by the constitidion, as it was not returned by 
him with his objections thereto within that time.) 



General Acts, 1916. — Chaps. 188, 189. 167 



An Act to authorize the granting of temporary Chap. ISS 

LICENSES TO SELL CERTAIN ARTICLES FOR CHARITABLE 
PURPOSES. 

Be it enacted, etc., as follmvs: 

Section 1. The overseers of the poor in any city and HcJ^s^es'^may 
the board of selectmen in any town may under such con- g|ifpgrta1a*° 
ditions as they may deem proper, grant to any organization articles for 
engaged exclusively in charitable work a special license purposes, 
authorizing it upon a particular day and for a charitable 
purpose named in such license, to sell through its accredited 
agents in the streets and other public places within such city 
or town, or in any designated part thereof, flags, badges, 
medals, buttons, flowers, souvenirs and similar small articles : 
provided, that no person under sixteen years of age shall be Proviso. 
accredited as such agent, that each agent shall wear in 
plain sight while engaged in selling such articles a badge, 
provided by such organization and approved by the au- 
thority issuing the license, bearing upon it the name of such 
organization and the date on which the license is to be 
exercised, and that no such agent shall be authorized to 
make or attempt to make such sales in front of any private 
premises against the objection of the owner or occupant 
thereof. The exercise of the licenses hereby provided for 
shall be subject to the provisions of all statutes, ordinances, 
by-laws, rules and regulations hot inconsistent herewith. 

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

Approved May 10, 1916. 

An Act relative to the standard of vinegar and to (J}iar> 189 

THE SALE THEREOF. 

Be it enacted, etc., as folloivs: 

Section sixty-seven of chapter fifty-seven of the Revised ^g^dld *"'' 
Laws, as amended by section two of chapter six hundred 
of the acts of the year nineteen hundred and eleven and by 
section one of chapter two hundred and thirty-nine of the 
General Acts of the year nineteen hundred and fifteen, is 
hereby further amended by striking out the words "and 
one half per cent, by weight", in the third line, and insert- 
ing in place thereof the word : — grams, — by striking out the 
word "absolute", in the same line, by inserting after the 
word "acid", in the fourth Hne, the words: — in one hun- 



168 



General Acts, 1916. — Chap. 190. 



Standard of 
vinegar 
established, 
etc. 



Solids, etc., 
of vinegar not 
a basis for 
payment, etc. 



dred cubic centimeters of the vinegar, — by striking out the 
word "eight", in the fifth hue, and inserting in place thereof 
the word: — six, — by striking out the words "per cent by 
weight", in the same Hne, and inserting in place thereof the 
word: — grams, — and by inserting after the word "sohds", 
in the sixth Hne, the words : — in one hundred cubic centi- 
meters of the cider vinegar, — so as to read as follows : — 
Section 67. Vinegar shall contain no added or artificial 
coloring matter, and shall contain not less than four grams 
of acetic acid in one hundred cubic centimeters of the vinegar. 
Cider vinegar shall in addition contain not less than one 
and six tenths grams of cider vinegar solids in one hundred 
cubic centimeters of the cider vinegar. 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 commis- 
sioner 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 de- 
partment of health. No persons shall estimate the solids 
or the acetic acid content of A'inegar for determining the 
composition or value of said vinegar as a basis for pay- 
ment in buying or in selling, or for the purpose of inspection, 
by methods other than those published as herein described. 

Approved May 10, lOlG. 



Cities may 
establish boards 
of survey. 



Chap. 1^0 An Act to authorize cities to establish boards of 

SURVEY. 

Be it enacted, etc., as follows: 

Section 1. The mayor of a city, with the approval of 
the city council or of the board of aldermen, as the case 
may be, may, in the month of January in any year, appoint 
three citizens who shall constitute a board of survey for the 
city. Of the members first appointed one shall serve for 
the term of one year, one for the term of two years, and 
one for the term of three years from the first day of Febru- 
ary succeeding the date of their appointment, and there- 
after, in the month of January, in each year, one member of 
said board shall be appointed to serve for the term of three 
years from the first day of February succeeding the date of 
his appointment, or until the appointment and qualification 



General Acts, 1916. — Chap. 190. 169 

of his successor. In case of any vacancy in the board a vacancy, 

citizen shall be appointed in the manner provided herein 

to serve for the remainder of his predecessor's term of office. 

The city engineer shall act as clerk of the board. The Compensation. 

compensation of the members of the board shall be fixed by 

the city council or the board of aldermen as the case may be 

subject to the approval of the mayor. 

Section 2. Any person, firm or corporation proposing to Plans of 
lay out, locate, relocate or construct for public use, any pdvate streets, 
private street or way in a city after the establishment therein submitted. 
of a board of survey under the provisions hereof shall, before 
opening such street or way for public use, submit to said 
board suitable plans and profiles of the street or way, so 
prepared as to show also the method of drainage of the 
adjacent or contiguous territory, all in accordance with 
such rules and regulations as the board may prescribe. 
Upon the receipt of the said plans, with a petition for their Public hearing. 
approval, the board shall give a public hearing thereon after 
giving notice of the same by publication once in each of two 
successive weeks in a newspaper published in the city, the 
last publication to be at least two days before the hearing; 
and after the hearing, the board may alter such plans and 
may determine where such streets or ways shall be located 
and the width and grades thereof, and shall so designate 
on said plans. The plans, as approved or modified by the 
board, shall then be signed by the members of the board, 
or by a majority of them, and filed in the oflSce of the city 
engineer who shall attest thereon the date of filing; and 
thereafter no street or way in the territory to which the 
plans relate shall be laid out or constructed except in accord- 
ance therewith, or with such further plans as may subse- 
quently be approved by the board. 

Section 3. The board of survey may, and upon the Board may 
vote of the local planning board and the city council or p^^p'*''® p *''^' 
board of aldermen shall, from time to time cause to be made 
by the city engineer, under its direction, plans of such terri- 
tory or sections of lands in the city as the board of survey 
or the said planning board may deem necessary, showing 
thereon the location of such streets or ways, whether al- 
ready laid out or not, as, in the opinion of the board, the 
interest of the public may or will require in such territory, 
showing clearly the direction, width and grades of each 
street or way, and a plan of drainage, and said board may 
incur such expenses as it may deem necessary therefor, not 



170 



General Acts, 1916. — Chap. 190. 



Public hearing. 



May make 
changes in 
plans, etc. 



Proviso. 



Powers of city 
government not 
to be abridged, 
escept, etc. 



Certain private 
ways not to 
have public 
conveniences, 
etc. 



Proviso. 



exceeding the amount of money appropriated by the city 
for the purpose. Before causing such plans to be made the 
board shall give a public hearing thereon, which shall be 
advertised in the same manner as the hearing required in 
section two, and shall, after the making of any such plan, 
give a hearing thereon, advertised in like manner, and keep 
the plan open to public inspection for one month after the 
first advertisement of the hearing. After the hearing, and 
after any alterations deemed necessary by said board have 
been made therein, the same shall be approved, signed, 
marked, filed and attested as provided in respect to the 
plans mentioned in section two of this act. 

Section 4. The board of survey may from time to time 
make a new plan or plans to take the place of any plans that 
may be filed in accordance with the provisions of sections 
two and three of this act, or may make changes on any 
plan or plans so filed: yrovided, hmvever, that any action 
involving new plans or changes in plans already duly at- 
tested and filed shall be made only after the notice and 
hearing, and in all other respects, in the manner specified 
in section two; and the last plan so made, or the plan with 
the changes last made thereon and duly attested and filed, 
shall be the official plan governing the future development 
of the territory affected. 

Section 5. The powers of th.e city government in regard 
to highways shall not be abridged by this act in any manner, 
except as provided in this section, and the powers conferred 
by this act shall be in addition to the powers now possessed 
by them. No street or way in the city, shown on any plan 
filed as aforesaid, shall hereafter be laid out, located anew, 
altered or widened, and no such street or way whether 
already or hereafter laid out, shall be constructed by any 
public authority except in accordance with any plan that 
may have been duly attested and recorded under the pro- 
visions of this act. If any person or corporation shall here- 
after open for public travel any private way, the location, 
direction, width, grades and plan of drainage of which have 
not previously been approved in writing by the board of 
survey in the manner provided in this act, then neither the 
city nor any other public authority shall place any public 
sewer, drain, water pipe or light in, or do any public con- 
struction work of any kind, or make repairs, on such private 
way: yrovided, hoivever, that the provisions of this act shall 
not prevent the laying of a trunk sewer, drain, water or gas 



General Acts, 1916. — Chap. 191. 171 

main if the same be required by engineering necessities for 
the accommodation of other territory. 

Section 6. The city may from time to time appropriate Appropriations. 
sums of money to be expended by the board of survey in 
carrying out the provisions of this act; but no expenditures 
shall be made in excess of such appropriations. 

Section 7. Said board of survey, its officers and agents, Examinations 
may, so far as they deem it necessary in carrying out the 
provisions of this act, enter upon any lands and there make 
examinations and surveys, and place and maintain monu- 
ments and marks. 

Section 8. This act shall not be construed to author- Act, how 
ize the taking or condemnation of land, nor to authorize a '^""^ ^^^ 
cit}' to lay out or construct any way which may be located 
on any official plan until such way has been laid out as a 
highway under such other provisions of law as may be 
applicable; nor shall this act be construed to render a city 
liable for damages except such damages as may be sus- 
tained under the provisions of section four by reason of the 
making and filing of any new plan or plans or by reason of 
changes made in any official plan already duly attested and 
filed, and for such damages as may be sustained by reason 
of the acts of the board of survey, its officers and agents 
under the provisions of section seven. Any person who Settlement 
fails to agree with the city as to the amount of damages °^ an^ageg. 
sustained by him may on application at any time within 
one year after such entry or act complained of have such 
damages assessed and determined in the manner provided 
by law in the case of land taken for the laying out of high- 
ways. 

Section 9. This act shall take full effect in any city Act to be 
upon its acceptance by the affirmative vote of a majority city council, 
of the members of the city council or the board of aldermen, 
as the case may be, present and voting thereon. But so 
much thereof as authorizes its submission to the city council 
or board of aldermen shall take eftect upon its passage. 

Aiyproved May 10, 1916. 

An Act relative to the burial of indigent soldiers, Qhn^ 191 
their wives, widows or dependent mothers. 

Be it enacted, etc., as follows: 

Section seventeen of chapter five hundred and eighty-seven i9i4, ss?, § 17, 
of the acts of the year nineteen hundred and fourteen is '*™'^^ ^ " 



172 



General Acts, 1916. — Chap. 191. 



Burial of 
indigent 
soldiers, their 
wives, widows 
or dependent 
mothers. 



Application 
made after 
interment, 
certification 
by burial 
asent. 



hereby amended by inserting after the word "Spain", in 
the ninth hne, the words: — or the PhiHppine insurrection, 

— by inserting after the word "February", in the tenth 
Hne, the words: — in the year eighteen hundred and ninety- 
eight, — by striking out the word "twelfth", in the same 
line, and inserting in place thereof the word: — fourth, — 
by striking out the words "of August in the year eighteen 
hundred and ninety-eight", in the eleventh line, and in- 
serting in place thereof the words: — of July in the year 
nineteen hundred and two, — by inserting after the word 
"war", in the twentieth line, the words: — or the Philippine 
insurrection, — and by striking out the word "one", in the 
twenty-second line, and inserting in place thereof the word: 

— ten, — so as to read as follows: — Section 17. The 
mayor of each city and the selectmen of each town or, in 
Boston, the soldiers' relief commissioner, shall designate a 
burial agent, who shall not be one of the overseers of the 
poor or be employed by them, and who shall, under regula- 
tions established by the commissioner of state aid, cause 
properly to be interred the body of any honorably discharged 
soldier, sailor or marine who served in the army or navy of 
the United States during the war of the rebellion, or during 
the war between the United States and Spain, or the Philip- 
pine insurrection, after the fourteenth day of February, in 
the year eighteen hundred and ninety-eight, and prior to 
the fourth day of July in the year nineteen hundred and 
two, and the body of his wife, widow or dependent mother, 
and the bodies of such army nurses as are entitled to state 
aid under section three of this act, if they die without sufficient 
means to defray funeral expenses; but no wife or widow of 
any soldier, sailor or marine of the civil war shall be entitled 
to the benefits of this section unless she was married to him 
prior to the twenty-seventh day of June in the year eighteen 
hundred and ninety, and no wife or widow of any soldier, 
sailor or marine of the Spanish war, or the Pliilippine in- 
surrection, unless she was married to him prior to the first 
day of January in the year nineteen hundred and ten. If 
an interment has taken place without the knowledge of the 
burial agent, application may be made to him within thirty 
days after the date of the death, and if upon investigation 
he shall find that the deceased was within the provisions of 
this section and the rules of the commissioner of state aid, 
he may certify the same as provided in the following section. 

Ay'proved May 10, 1916. 



General Acts, 1916. — Chap. 192. 173 



An Act relative to the investment of funds of the QJkxj) 192 
comimonw^ealth. 

Be it enacted, etc., as follows: 

Section 1. Funds over which the commonwealth has investment of 
exclusive control shall be invested by the treasurer and monweaith!"' 
receiver general, with the approval of the governor and 
council, as follows: 

a. In securities of the commonwealth, in the notes or in certain 

1 1 n ,1 1 J.' •±' J J. J.1 J! securities, notes, 

bonds or the several counties, cities, and towns thereot, bonds, etc 
or in the bonds or notes of any incorporated district in this 
commonwealth whose net indebtedness at the time of pur- 
chase does not exceed five per cent of the last preceding 
valuation of the property therein for the assessment of 
taxes; or in the notes of any corporation established within 
this commonwealth to become due within a period not ex- 
ceeding one year, if secured by a pledge of bonds of the 
United States or of this commonwealth of at least an equal 
value estimating them at not more than eighty-five per 
cent of their market value. 

b. In the public funds of the United States, or of any of ^ubUc^fLnds 
the New England states. 

c. In the bonds or notes of any city of INIaine, New Hamp- in bonds, etc., 
shire, Vermont, Rhode Island or Connecticut, whose net certain^tates. 
indebtedness does not exceed five per cent of the last pre- 
ceding valuation of the property therein for the assessment 

of taxes; or of any county or town of said states whose net 
indebtedness does not exceed three per cent of such valua- 
tion; or of any incorporated water district of said states 
which has within its limits more than five thousand in- 
habitants, and whose bonds or notes are a direct obligation 
on all the taxable property of the district, and whose net 
indebtedness does not exceed three per cent of such valua- 
tion. 

d. In the legally authorized bonds of the states of New in certain 
York, Pennsylvania, Ohio, Indiana, Illinois, Michigan, izfd bonds, etc. 
Wisconsin, Minnesota, Missouri and Iowa, and of the 

District of Columbia, and in the legally authorized bonds 
for municipal purposes, and in the refunding bonds issued 
to take up at maturity bonds which have been issued for 
other than municipal purposes, but on which the interest 
has been fully paid, of any city of the aforesaid states which 
has, at the date of such investment, more than thirty thou- 



174 



General Acts, 1916. — Chap. 193. 



&afi?author- ^^^^ inhabitants, as established by the last national or 
ized bonds, etc. state census, or city census certified to by the city clerk or 
treasurer of the city and taken in the same manner as a 
national or state census, preceding such investment, and 
whose net indebtedness does not exceed five per cent of 
the valuation of the taxable property therein, to be, ascer- 
tained by the last preceding valuation of property therein 
for the assessment of taxes; and of any cit}' of the aforesaid 
states or of any of the New England states or of the states 
of Maryland and Kentucky, which has at the date of such 
investment more than two hundred thousand inhabitants, 
established as aforesaid, and whose net indebtedness does 
not exceed seven per cent of the valuation of the taxable 
property therein, established and ascertained as above 
provided. 

In subdivisions c and d of this clause the words "net 
indebtedness" shall mean the indebtedness of a county, 
city, town or district other than debts created for supplying 
the inhabitants with water and debts created in anticipation 
of taxes to be paid \^^thin one year, and deducting the 
amount of sinking funds available for the payment of the 
indebtedness included. 

Section 2. Section sixty-five of chapter six of the 
Revised Laws is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved May 11, 1916. 



" Net indebt- 
edness "jterm 
defined. 



Repeal. 



CAap. 193 An Act to authorize the board of commissioners on 

FISHERIES AND GAME TO LEASE OYSTER POND IN THE 
COUNTY OF DUKES COUNTY. 

Be it enhcted, etc., as jolhics: 
Board of Section 1. The board of commissioners on fisheries and 

commissioners .. p. . •^^ • j_ i 

on fisheries and game, or a majority or them, may, at any tune witnm twenty 
o:^tCTVond in years after the passage of this act, in the name of the com- 
Dukes County. j^Q^wcalth, Icasc the pond known as Oyster pond, in the 
county of Dukes County, and any of the arms, coves and 
bays thereof, for the purpose of cultivating useful fish, for 
such periods of time, within the said twenty years, and on 
such terms and conditions as they may deem to be for the 
public interest, but only after a hearing upon an application 
for such a lease, the time and place of which shall have been 
published in all the towns within whose limits any part 



General Acts, 1916. — Chaps. 194, 195. 175 

of said pond lies: provided, that nothing herein shall be con- Proviso, 
strued to affect the right of any citizen of the commonwealth 
to take fish in said pond or the waters connected therewith, 
by hook and line, in conformity with law. 

Section 2. Any of said towns may become a lessee Any town may 
hereunder and appropriate such sums as may be required ^"°™^ 
therefor. 

Section 3. For the purposes of this act the board may Limits ot pond 
define the limits of the said pond, and the arms, coves and recorded, etc' 
bays thereof, and when a statement of its limits so defined 
is recorded in the registry of deeds for said county, they 
shall be deemed to be the legal limits thereof. The board 
shall have custody of all leases made hereunder, and may, 
in behalf of the commonwealth, exercise all the rights and 
shall have all the remedies available to lessors of real estate. 

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

Approved May 11, 1916. 



Chap. 1^4: 



An Act reLu\tive to the powers and duties of the 
supervisor of loan agencies. 

Be it enacted, etc., as follows: 

Section 1. The supervisor of loan agencies is hereby supervisor of 
authorized to employ an accountant and such clerical mayempio^ 
assistants as may be necessary to tabulate and arrange the an accountant, 
reports received at his office, to prepare and maintain a card 
index of borrowers, and to do such other work as may be 
necessary for the more efficient conduct of his office and for 
a better supervision of small loans. 

Section 2. For the above purposes, the supervisor of Expenditures. 
loan agencies is hereby authorized to expend, annually, 
such sum as may be necessary, not exceeding the amount 
appropriated by the general court. 

Section 3. This act shall take effect upon its passage. 

Approved May 11, 1916. 

An Act to provide for a second assistant clerk of the (^Jiq^t) 195 
municipal court of the charlestown district of the 
city of boston. 

Be it enacted, etc., as follows: 

Section 1. There shall be a second assistant clerk of ^l^^^^^^ 
the municipal court of the Charlestown district of the city cierk of 

*^ CharlestowQ 



176 



General Acts, 1916. — Chap. 196. 



municipal of Bostoii, whose Salary shall be twelve hundred dollars a 
■ year, to be paid by the county of Suffolk. 

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

Apyromd May 11, 191G. 



of certain 
official bonds 



0/^025.196 An Act relative to the security of official bonds 
requiring the approval or examination of the 

treasurer and RECEIVER GENERAL. 

Be it enacted, etc., as follows: 

Sc.^ameJded. SECTION 1. Sectiou sixtccn of chapter eighteen of the 
Revised Laws, as amended by chapter two hundred and 
ninety-five of the acts of the year nineteen hundred and 
four, is hereby further amended by adding at the end thereof 
the following: — All bonds requiring the approval of the 
treasurer and receiver general and all bonds requiring his 
examination as to their sufficiency shall hereafter, in cases 
in which he deems it necessary, be secured by a surety 
company approved by the insurance commissioner, — so as 
Examination of to read as follows: — Scctlou 16'. Every public official who 
has the custody of any bond for the faithful performance of 
the duties of any office, occupation, agency or trust, which 
requires the approval of any court, public officer or board 
other than the governor and council, shall, except in those 
cases where the duty is imposed upon the controller of 
county accounts, annually in March examine into the 
sufficiency of every such bond, and shall, whenever at any 
other time there is reason to believe that any such bond has 
become insufficient, examine into its sufficiency. All acts 
requiring examination as to the sufficiency of any such 
bonds by the supreme judicial court or the superior court, 
or by any justice of either of said courts, are hereby repealed. 
The governor shall appoint a committee of the council which 
shall annually in INIarch make such examination of bonds 
which are required to be approved by the governor or by 
the governor and council. If a bond is found upon such 
examination to be insufficient, the person or persons who 
have examined it shall forthwith notify the obligor thereof 
and shall require him, within thirty days after the date of 
such notice, to file a new bond in conformity with law such 
as is required before entering upon the performance of the 
Security when dutics of such officc, occupatiou, agcncy or trust. All bonds 
by^trelaurer"" requiring the approval of the treasurer and receiver general 
generdf*''^'^ and all bonds requiring his examination as to their suffi- 



Repeal. 



General Acts, 1916. — Chap. 197. 177 

ciency shall hereafter, in cases in which he deems it neces- 
sary, be secured by a surety company approved by the in- 
surance commissioner. 
Section 2. This act shall take effect upon its passage. 

A]jproved May 11, 1916. 

An Act to promote the building and use of tubercu- Qhav 197 

LOSIS HOSPITALS IN CITIES AND TOWNS. 

Be it enacted, etc., as foUo7vs: 
Section 1. Chapter five hundred and ninetv-seven of 1^11.597, §i 

1 PI • 11111 " 11 ^^'^■' amended. 

the acts of the year nmeteen hundred and eleven, as amended 
in section one by section one of chapter six hundred and 
thirty-seven of the acts of the year nineteen hundred and 
twelve and by chapter fifty-seven of the General Acts of 
the year nineteen hundred and sixteen, is hereby further 
amended by striking out said section one and inserting in 
place thereof the following: — Section 1. Every city or subsidy to be 
town which places its patients suffering from tuberculosis and^towMfor 
in a municipal or incorporated tuberculosis hospital in this tube^urar''^ 
commonwealth, or in a building or ward set apart for patients pat'enta. etc. 
suffering from tuberculosis by a municipal or incorporated 
hospital in this commonwealth, shall be entitled to receive 
from the commonwealth a subsidy of five dollars a week for 
each patient who is unable to pay for his support, or whose 
kindred bound by law to maintain him are unable to pay 
for the same; but a city or town shall not become entitled 
to this subsidy unless, upon examination authorized by the 
trustees of hospitals for consumptives, the sputum of such 
patient be found to contain bacilli of tuberculosis, nor unless 
the hospital building or ward be approved by said trustees, 
who shall not give such approval unless they have by au- 
thority of law, or by permission of the hospital, full authority 
to inspect the same at all times. Said trustees may at any 
time withdraw their approval. In the case of those hospitals 
having a bed capacity which, in the judgment of the said 
trustees, is in excess of the number of beds needed for patients 
exhibiting tubercle bacilli in their sputum, in the localities 
which these institutions serve, the subsidy above provided 
for shall be allowed for such patients not exhibiting tubercle 
bacilli in their sputum as, in the joint opinion of the superin- 
tendent of the institution and of the state district health 
officer of the district in which the hospital is situated, are 
bona fide cases of consumption and have been in the institu- 



178 



General Acts, 1916. — Chap. 198. 



Approval of 
claims for 
subsidy. 



tion more than thirty days. Said trustees shall not approve 
claims for subsidy hereunder for more than thirty days prior 
to the date when notice is mailed to them that a subsidy 
in any given case is claimed. 
Section 2. This act shall take effect upon its passage. 

Approved May 11, 1916. 



1908, 590, § 56, 
amended. 



Unclaimed 
deposits in 
savings banks 
to be paid to 
the treasurer 
and receiver 
general. 



C/iap.l98 An Act relative to unclaimed deposits in savings 

BANKS. 

Be it enacted, etc., as jolloivs: 

Chapter five hundred and ninety of the acts of the year 
nineteen hundred and eight is hereby amended by striking 
out section fifty-six and inserting in place thereof the follow- 
ing: — Section 56. The probate court shall, upon the ap- 
plication of the attorney-general and after public notice, 
order and decree that all amounts of money heretofore or 
hereafter deposited with any savings bank or trust company 
which shall have remained unclaimed for more than thirty 
years and which are credited to depositors who cannot be 
found and who have not made a deposit on account of the 
same and have not withdrawn any part of the principal or 
interest thereof, and on whose pass book the interest has 
not been added for a period of thirty years, and for which 
no claimant is known, shall, with the increase and proceeds 
thereof, be paid to the treasurer and receiver general to be 
held subject to be repaid to the person establishing a lawful 
right thereto, in accordance with chapter one hundred and 
thirty of the acts of the year nineteen hundred and thirteen, 
with interest at the rate of three per cent per annum from 
the time when it was so paid to the treasurer and receiver 
general to the time when it is paid by him to such person: 
provided, however, that after six years from the date when 
such proceeds were paid to the treasurer and receiver general 
the same may be used as a part of the ordinary revenue of 
the state. Nothing herein contained, however, shall prevent 
any person from establishing his claim at any time after 
the expiration of the six years above mentioned, and any 
claims established after more than six years from the date 
of payment to the treasurer and receiver general shall be 
paid from the ordinary revenue of the commonwealth. 

Approved May 11, 1916. 



Proviso. 



General Acts, 1916. — Chaps. 199, 200. 179 



An Act relative to the regulation of the business or Chap. 199 

INSTALLING WIRES OR APPARATUS FOR ELECTRIC LIGHT, 
HEAT OR POWER PURPOSES. 

Be it enacted, etc., as jolloivsr 
Section 1. The action of the board of gas and electric certain mies 

H-t . .. • ^ j^' 1 1 • ,p of board of gas 

ght commissioners m adopting rules and requirements tor and electric 

the business of installing wires, conduits, apparatus, fixtures silnlrs^'^ItMed 

or other appliances for carrying or using electricity for and confirmed. 

light, heat or power purposes, under the provisions of section 

four of chapter two hundred and ninety-six of the General 

Acts of the year nineteen hundred and fifteen, is hereby 

ratified and confirmed. 

Section 2. Chapter two hundred and ninety-six of the i9i5, 296(G), 
General Acts of the year nineteen hundred and fifteen is ' ^^^^ 
hereby amended by striking out section four and inserting 
in place thereof the following: — Section Jj.. No certificates Certificates of 
issued under the provisions of this act to either master or dStdda^not 
journeyman shall be assignable or transferable. Said cer- trana^er^aCie!^ 
tificates may, after a hearing, be suspended or revoked by 
the board of examiners upon failure or refusal of the licensee 
to comply with the rules and requirements of said business 
as set forth by said examiners, or for other sufficient cause. 

Section 3. The provisions of this act, so far as they Act, how 
are the same as those of existing statutes shall be construed 
as a continuation thereof and not as a new enactment. 

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

ApjJraved May 12, 1916. 

An Act relative to workmen's compensation and Chap. 200 
liability insurance. 

Be it enacted, etc., a^ follows: 

Section 1. Any mutual liability company authorized to Mutual 
do business in this commonwealth may, with the approval company may 
of the insurance commissioner, have and exercise any or all workmen's 
of the rights, powers and privileges relating to the transaction insurance* '°° 
of the business of workmen's compensation insurance by business. 
law vested in or conferred upon the INIassachusetts Em- 
ployees Insurance Association. 

Section 2. The IVIassachusetts Employees Insurance Massachusetts 
Association may with the approval of the insurance com- in'^uranre* 
missioner have and exercise, within or without the common- |ve°n certain 

rights, etc. 



180 General Acts, 1916. — Chaps. 201, 202. 

wealth, all of the rights, powers and privileges vested in or 
conferred upon domestic mutual liability companies under 
general laws, and shall be subject to all the laws now or here- 
after in force relating to such companies. 
Section 3. This act shall take effect upon its passage. 

Aijproved May 12, 1916. 



Chap. 201 An Act to provide for the instruction of the adult 

BLIND AT THEIR HOMES. 

Be it enacted, etc., as follows: 
^j^*,^uv°5°! Section 1. The Massachusetts commission for the blind 

adult blind at • i c i- • pi iiii-i i- 

their homes. may providc tor the mstruction or the adult blmd at their 
homes. The commission may expend annually for this 
purpose not more than six thousand dollars and shall include 
with its other estimates of needed appropriations a detailed 
estimate of the proposed expenditures. 

Repeal. Section 2. Chapter two hundred and ninety-seven of 

the acts of the year nineteen hundred and two is hereby 
repealed. 
Section 3. This act shall take effect upon its passage. 

Approved May 12, 1916. 



Chap. 202 An Act to authorize the Massachusetts highway com- 
mission TO IMPROVE THE RIVER ROAD IN THE TOWN OF 
SOUTHBRIDGE. 

Be it enacted, etc., as follows: 

Massachusetts Section 1. The Massachusctts highway commission is 

commission hcrcby authorized to expend during the present year the 

Riv'erro^a'dTn sum of fifteen thousand dollars in the construction or im- 

southbridge. provement of the highway called the River Road in the 

town of Southbridge, between the Dudley line and the 

village of Saundersdale. Of the expense so authorized the 

sum of ten thousand dollars is to be paid out of the treasury 

of the commonwealth, and five thousand dollars by the 

town of Southbridge into the treasury of the commonwealth 

before the work is begun. 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 of 

Act, how Southbridge. 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 



General Acts, 1916. — Chap. 203. 181 

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. This act shall take effect upon its passage. 

Approved May 12, 1916. 

An Act to PRovroE further for the improvement by C hap. 20S 

THE MASSACHUSETTS HIGHWAY COMMISSION OF A STATE 
HIGHWAY IN THE TOW^NS OF DRACUT AND METHUEN. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is Massachusetts 
hereby directed further to construct and improve the state comm'Lionto 
highway known as the Black North Route, from Lowell to stltlTighway''^ 
Lawrence in the towns of Dracut and Methuen, beginning Methuen! '^°*^ 
at the junction of Broadway and Arlington street in the 
town of Dracut and continuing by Broadway and Arlington 
street in the town of Dracut and thence by Broadway and 
North Lowell street in the town of Methuen, and to expend 
therefor a sum not exceeding ten thousand dollars. 

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 
indebtedness 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 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. They shall be sold at public auction, or dis- 
posed 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 12, 1916. 



182 



General Acts, 1916. — Chap. 204. 



Massachusetts 
highway 
commission 
may construct 
highway from 
Norton to 
Taunton. 



Chap. 204: An Act to provide for the construction of a highway 

FROM THE TOWN OF NORTON TO THE CITY OF TAUNTON. 

Be it enacted, etc., as folloivs: 

Section 1. The Massachusetts highway commission is 
hereby authorized to expend during the present year the 
sum of eight thousand dollars, in addition to the amount 
appropriated for the same purpose by chapter two hundred 
and thirty of the General Acts of the year nineteen hundred 
and fifteen, for the construction of a highway from the town 
of Norton to the city of Taunton over what is deemed by 
said commission to be the best route. Neither said way 
nor any part thereof shall thereby become a state highway, 
and the way shall be maintained and kept in repair by the 
municipalities in which it is situated. 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 the Massachusetts 
highway 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 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 eight 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 ex- 
ceeding the rate above specified, as shall be deemed best. 

Section 3. This act shall take effect upon its passage. 

Ayyroved May 12, 1916. 



State Highway 
Loan. 



General Acts, 1916. — Chaps. 205, 206. 183 



An Act to provide for the improvement by the massa- (JJiaj) 205 

CHUSETTS HIGHWAY COMXHSSION OF A HIGHWAY IN THE 
TOWNS OF PLYIVIOUTH AND BOURNE. 

Be it enacted, etc., as follows: 

Section 1. The ]\Jassachiisetts highway commission is Massachusetts 
hereby authorized to expend during the present year the commission 
sum of ten thousand dollars in the construction or improve- highwTy i^^ 
ment of a highway between a point near the stores of Costello ElfuTn".*^ ^^^ 
and Swift in the town of Plymouth and a point near the 
house of George Starbuck in Bournedale village in the town 
of Bourne over what is deemed by said commission to be the 
best route. Of the expense so authorized the sum of five Apportionment 
thousand dollars is to be paid out of the treasury of the ° ^^p®"^®- 
commonwealth, and the sum of five thousand dollars is 
to be equally divided between the counties of Barnstable 
and Plymouth and paid into the treasury of the common- 
wealth before the work is begun. Neither said way nor any 
part thereof shall thereby become a state highway, and the 
way shall be maintained and kept in repair by the towns 
in which it is situated. This act shall not be construed as Act, how 
prohibiting the laying out and construction of said way, or "^^^ '^^ 
any part thereof, as a state highway under the laws applicable 
thereto whenever the Massachusetts highway 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. The county commissioners of the counties County com- 
of Barnstable and Plymouth are hereby authorized to raise Say rSs" 
by taxation the sum of twenty-five hundred dollars each, ^atwn.^ 
which is required under the provisions of this act. 

Section 3. This act shall take efi^ect upon its passage. 

Ajyproved May 12, 1916. 



An Act to provide for the improvement by the massa- nhdj^ 206 

CHUSETTS HIGHWAY COMMISSION OF A HIGHWAY IN THE 
TOWN OF PELHAM. 

Be it enacted, etc., as follows: 

Section 1. The INIassachusetts highway commission is Massachusetts 
hereby authorized to expend during the present year the commk^ion 
sum of ten thousand dollars in the construction or improve- highiTy I^^ 
ment of a highway in the town of Pelham, being the main Peiham. 



184 General Acts, 1916. — Chaps. 207, 208. 

road leading from Pelham Hill, so-called, to Amherst, be- 
ginning at a point near the town hall and extending in a 
westerly direction toward the town of Amherst. Neither 
said way nor am^ part thereof shall thereby become a state 
highway, and the way shall be maintained and kept in 
Act, how repair by the town of Pelham. This act shall not be con- 

strued as prohibiting the laying out and construction of said 
way, or any part thereof, as a state highway under the laws 
applicable thereto whenever the IMassachusetts highway 
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. This act shall take effect upon its passage. 

Approved May 12, 1916. 

Chap. 207 An Act to authorize the transfer of a part of the 

STATE CAMP GROUND TO THE TOWN OF FRAMINGHAM FOR 
THE ERECTION THEREON OF A MILITARY MONUMENT. 

Be it enacted, etc., as folloivs: 
Transfer of part The govcmor, with the advice and consent of the council, 

of state camp • i i i • i i p -n • i 

ground to IS hereby authorized to convey to the town or rrammgham, 
Framingham. upon such couditions as tlicy may fix, a part of the state 
camp ground in the said town for the purpose of providing 
a site for the erection and maintenance by said town of a 
monument in memory of the soldiers and sailors from INlassa- 
chusetts who died from injuries received or illness incurred 
in the Spanish war. Approved May 12, 1916. 

Chav.20S An Act to regulate the assignment of wages. 

Be it enacted, etc., as follows: 

1909, 514, § 121. Section 1. Section one hundred and twenty-one of 
chapter five hundred and fourteen of the acts of the year 
nineteen hundred and nine is hereby amended by adding at 
the end thereof the following: — Three fourths of the weekly 
earnings or wages of the assignor shall at all times be exempt 
from assignment, and no assignment shall be valid which 
does not so state on its face. No such assignment shall be 
valid when made by a married man unless the written con- 
sent of his wife to the making thereof is attached thereto, 
Requisites — g^ g^g ^q j.^^^^ jjg f oHows : — Sectioti 121. No assignment 
assignment of future wagcs shall be valid for a period exceeding two 

of wages. " i o 



General Acts, 1916. — Chap. 208. 185 

years from the date thereof, nor unless made to secure a 
debt contracted prior to or simultaneously with the execu- 
tion of said assignment, nor unless executed in writing in the 
standard form herein set forth and signed by the assignor 
in person and not by attorney, nor unless such assignment 
states the date of its execution, the money or the money 
value of goods actually furnished by the assignee and the 
rate of interest, if any, to be paid thereon. Three fourths Portion exempt, 
of the weekly earnings or wages of the assignor shall at all 
times be exempt from assignment, and no assignment shall 
be valid which does not so state on its face. No such assign- written con- 
ment shall be valid when made by a married man unless the ^^"^^ ''^ ^'^*^- 
written consent of his wife to the making thereof is attached 
thereto. 

Section 2. Section one hundred and twenty-four of ^^g'^^g^^j ^ ^^*' 
chapter five hundred and fourteen of the acts of the year 
nineteen hundred and nine is hereby amended by inserting 
after the word "demands", in the seventh line, the words: 
— not exempt by law, — and by inserting after the word 
"assignment", in the nineteenth and twentieth lines, the 
following : — (3) Three fourths of the weekly earnings or 
wages, which are dollars, are exempt from 

this assignment, — so as to read as follows: — Section 124- Standard form 
Said standard form of assignment shall be as follows: — 

KNOW ALL MEN BY THESE PRESENTS. 

That I, of in the county 

of , for a valuable consideration, to me paid 

by , of , the re- 

ceipt whereof I do hereby acknowledge, do hereby assign 
and transfer to said all claims and 

demands, not exempt by law [which I now have, and all] 
which within a period of from the date 

hereof I may and shall have against my present employer, 
and against any person whose employ I shall hereafter enter, 
[for all sums of money due and] for all sums of money and de- 
mands which, at any time within said period may and shall 
become due to me, for services as . To have 

and to hold the same to the said , his executors, 

administrators and assigns, to secure a debt 

(1) Of dollars [with interest thereon 

from , at the rate of per 

cent per annum], for money [or goods] actually furnished by 
the assignee amounting to dollars. 



186 



General Acts, 1916. — Chaps. 209, 210. 



Standard form 
of assignment. 



Act, how 
construed. 



(2) Contracted prior to the execution of this assignment. 
[or contracted simultaneously with the execution of this 
assignment.] 

(3) Three fourths of the weekly earnings or Wages, which 
are dollars, are exempt from 
this assignment. 

In Witness Whereof, I have set my hand this 
day of 

Signed and delivered, in presence of h. 

m. M. Received and entered in records of assign- 

ment of wages in clerk's office of the 

of , book , 

page 

, Clerk. 

Section 3. The provisions of this act shall not be con- 
strued to repeal or affect the provisions of section twenty- 
two of chapter seven hundred and twenty-seven of the acts 
of the year nineteen hundred and eleven, as amended by 
section six of chapter six hundred and seventy-five of the 
acts of the year nineteen hundred and twelve. 

Approved May 12, 1916. 



Chap. 209 An Act to extend the annual term of training of the 

MEMBERS OF THE MILITIA. 

Be it enacted, etc., as follows: 

Section 1. Chapter six hundred and four of the acts of 
the year nineteen hundred and eight is hereby amended by 
striking out section one hundred and fifty-two and inserting 
in place thereof the following: — Section 152. The volunteer 
militia shall perform during each year not less than fourteen 
days' training under service conditions at times and places 
designated by the commander-in-chief. 

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

Approved May 13, 1916. 



1908, 604, § 152, 
amended. 



Annual term 
of training 
of volunteer 
militia 
extended. 



Chap.210 An Act to provide for the improvement by the Massa- 
chusetts HIGHWAY commission OF A HIGHWAY IN THE 
TOWNS OF HUBBARDSTON AND RUTLAND. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is 
hereby authorized to expend during the present year the 
sum of ten thousand dollars in the construction or improve- 



Masisachusetts 
highway com- 
mission may 
improve high- 
way in Hub- 



General Acts, 1916. — Chap. 211. 187 

ment of a highway between Gardner and Rutland, beginning bardaton and 

at a point south of Hubbardston village in the town of 

Hubbardston and extending in a southeasterly direction to 

or toward the state highway in the town of Rutland over 

what is deemed by said commission to be the best route. 

Neither said way nor any part thereof shall thereby become 

a state highway, and the way shall be maintained and kept 

in repair by the towns in which it is situated. This act shall Act, how 

I 1 1 •! • • 1 1 • 1 construed. 

not be construed as prohibitmg the laymg out and con- 
struction of said way, or any part thereof, as a state high- 
way under the law^s applicable thereto whenever the Massa- 
chusetts highway commission shall deem it expedient so to 
do. Any unexpended balance of the sum hereby author- 
ized to be expended may be used in the succeeding year for 
the same purpose. 

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

Ap2)roved May 15, 1916. 

An Act to provide for the recovery of damages to Qhnrt 211 

PROPERTY CAUSED BY THE IMPROVEMENT OF THE RIVER 
ROAD FROM SOUTHBRIDGE TO WEBSTER THROUGU THE 
TOWN OF DUDLEY. 

Be it enacted, etc., as follows: 

Section 1. Damages to property sustained by the con- Recovery of 
struction and improvement of the highway called the River J^fty caused 
road, leading from Southbridge to Webster through the men3River 
town of Dudley, by the Massachusetts highway commission, s°u'^ti,^[,°S<r 
by virtue of the provisions of chapter seven hundred and toWebsten 
seventy-nine of the acts of the year nineteen hundred and 
fourteen, may be recovered upon petition to the superior 
court for the county of Worcester, filed within one year after 
the passage of this act. The petitioner, if he so elects, may How deter- 
have his damages determined by a jury in the same manner °"°^ 
in which damages to property injured by the construction 
and improvement of a state highway are determined, when 
the petitioner is aggrieved by the determination of the 
INIassachusetts highway commission. In estimating the 
damages as aforesaid, there shall be deducted the amount 
of the benefit, if any, accruing from the said improvement 
to the property alleged to be damaged. 

Section 2. The Massachusetts highwav commission shall statements 

„ . 11 °' damages 

cause statements or any damages recovered as herem pro- ^° ^<^ fi'^d. 
vided to be filed in the office of the clerk of courts for the 



188 General Acts, 1916. — Chap. 212. 

county of Worcester and in the office of the town clerk of the 
town of Dudley, and within sixty days after the filing of 
said statements the county of Worcester and the town of 
Dudley shall pay into the treasury of the commonwealth 
twenty-five per cent and seventy-five per cent, respectively, 
of the amount of the damages. Damages recovered here- 
under shall be paid in the first instance from the treasury 
of the commonwealth. 
wa"y Loan,'^''" Section 3. The provisious of sections three and four of 
Act of 1916. said chapter seven hundred and seventy-nine shall apply to 
the raising of money necessary to meet the expenditures to 
be borne by the county of Worcester and the commonwealth 
hereunder. For the purpose of meeting the expenditures to 
be borne by the town of Dudley under the provisions of 
this act, the town is hereby authorized to borrow money, 
beyond the statutory limit of indebtedness, to an amount 
not exceeding one thousand dollars, and to issue notes or 
bonds therefor. Such notes or bonds shall bear on their 
face the words, Dudley Highway Loan, Act of 1916, shall be 
payable at the expiration of periods not exceeding five 
years from their respective dates of issue, shall bear interest, 
payable semi-annually, at a rate not exceeding four and 
one half per cent per annum, and shall be signed by the 
treasurer and countersigned by the selectmen of the town. 
The town may sell the said securities at public or private 
sale, upon such terms and conditions as it may deem ex- 
pedient, but they shall not be sold for less than their par 
value, and the proceeds shall be used only for the purpose 
aforesaid. 
Section 4. This act shall take effect upon its passage. 

Approved May 15, 1916. 

Chap.212 An Act relative to the improvement by the Massa- 
chusetts HIGHWAY commission OF A HIGHWAY IN THE 
TOWNS OF NEW BRAINTREE AND BARRE. 

Be it enacted, etc., as follows: 

Shway^com- SECTION 1. The Massachusetts highway commission is 
mission may hereby authorized to expend during the present year the 

improve high- -^ iin • ii-- i 

way in New gum of tcu thousaud dollars, m addition to the amownt 

and Barre. appropriated for the same purpose by chapter two hundred 

and fifty-seven of the General Acts of the year nineteen 

hundred and fifteen, in the construction and improvement 

of the highway from North Brookfield to Barre Plains, be- 



construed. 



General Acts, 1916. — Chap. 213. 189 

ginning at the dividing line between the towns of New 
Braintree and North Brookfield and extending 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 con- Act, how 
strued 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 unexpended balance of 
the sum hereby authorized to be expended may be used 
in the succeeding year for the same purpose. 
Section 2. This act shall take effect upon its passage.^ 

Approved May 15, 1916, 



An Act to provide for the construction by the massa- Chav.^V^ 

CHUSETTS highway COMMISSION OF A STATE HIGHWAY 
IN THE TOWN OF HINGHAM. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is Massachusetts 
hereby authorized and directed to construct and maintain mfssi^n^may ' 
a state highway in the town of Hingham from the easterly h°?hway*in***^ 
end of the state highway on Lincoln street in Hingham to Hingham. 
the boundary lines of Cohasset and Hull at West's Corner, 
so-called, over such route as said commission shall determine, 
and, if the commission so determines, on the basis of a sixty- 
foot location either by the use or widening of existing ways 
or in whole or in part upon a new location. The said com- 
mission is also authorized to purchase or take such land and 
buildings as may be deemed necessary in the laying out and 
construction of said highway. The provisions of chapter 
forty-seven of the Revised Laws, as amended, shall apply 
to the work herein contemplated, except in so far as said 
provisions relate to the apportionment and repayment of 
the cost of construction. 

Section 2. Where said state highway is laid out over street railway 
an existing highway in which a street railway company has certIin"wo*r°k!^° 
or is to have a location, or a relocation, such company 
shall do the work within the whole width between the rails 
and for a distance of eighteen inches outside of the rails 



190 



General Acts, 1916. — Chap. 213, 



Commonwealth 
to pay first 
cost. 



Apportionment 
of expense. 



Coianty of 
Plymouth, ' 
State Highway 
Loan, Act of 
1916. 



Rate cf 

interest. 



under the direction and to the satisfaction and acceptance 
of said highway commission. 

Section 3. The cost and expense incurred under au- 
thority of this act shall, in the first instance, be borne by 
the commonwealth, 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 re- 
quired therefor to an amount not exceeding two hundred 
thousand dollars. All moneys 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 therefor, including interest. 

Section 4. Upon the completion of the said highway 
the commission shall file in the office of the auditor of the 
commonwealth a detailed statement certified by it of the 
actual cost of the highway, including the cost of construc- 
tion, and land damages, and interest on money borrowed as 
authorized by section three of this act; and the cost shall 
be apportioned as follows: thirty-seven and a half per cent 
to the commonwealth; twenty-five per cent to the county 
of Plymouth; thirty-seven and a half per cent to the town 
of Hingham; and the county of Plymouth and the town 
of Hingham shall, within such time as the commission may 
direct, pay into the treasury of the commonwealth the 
amounts to be paid by them respectively, including interest. 

Section 5. Upon the apportionment of the cost of said 
highway as aforesaid, the county commissioners of the 
county of Plymouth are hereby authorized to issue bonds 
or notes of the county to the amount for which the county 
shall become liable hereunder. Such bonds or notes shall 
bear on their face the words. County of Plymouth, State 
Highway Loan, Act of 1916, and shall be payable in such 
annual payments, beginning not more than one year after 
the date thereof, as will extinguish each loan within fifteen 
years from its date. The amount of such annual payment 
in any year shall not be less than the amount of principal 
payable in any subsequent year. Such bonds or notes shall 
bear interest at a rate not exceeding four 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 
public or private sale upon such terms and conditions as 
it may deem proper, but not for less than their par value. 



General Acts, 1916. — Chap. 214. 191 

and the proceeds shall be used only for the purpose herein 
stated. 

Section 6. Upon the apportionment of the cost of said ^9^JJj°^ 
highway as aforesaid, the town of Hingham is hereby an- state Highway 
thorized to issue bonds or notes of the town to the amount me"' 
for which the town shall become liable hereunder. Such 
bonds or notes shall bear on their face the words, Town of 
Hingham, State Highway Loan, Act of 1916, and shall be 
payable in such annual payments, beginning not more 
than one year after the date thereof, as will extinguish each 
loan within fifteen years from its date. The amount of 
such annual payment in any year shall not be less than the 
amount of principal payable in any subsequent year. Such Rate of 
bonds or notes shall bear interest at a rate not exceeding '" 
four per cent per annum, payable semi-annually, and shall 
be signed by the treasurer of the town and countersigned by 
a majority of the board of selectmen. The town may sell 
the said securities at public or private sale, upon such terms 
and conditions as it may deem proper, but not for less than 
their par value, and the proceeds shall be used only for the 
purpose herein stated. 

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

Approved May 15, WIG. 

An Act to provide for the improvement by the mass a- nhnj^ 014 

CHUSETTS highway COMMISSION OF A HIGHWAY IN THE ^ ' 

TOW'NS OF ASHBURNHAJM AND ASHBY. 

Be it enacted, etc., as follows: 

Section 1. The ]\Tassachusetts highway commission is Massachusetts 
hereby authorized to expend during the present year the nifs^ion^may " 
sum of ten thousand dollars in the construction or improve- ^™vTn ^ ^'^^' 
ment of a highway in the towns of Ashburnham and Ashbv Ashburnham 

1 -n • 1 1 1 • • 1 1 % *°*^ Ashby. 

known as Kmdge road, begmnmg at the southeasterly end 
of the section improved in the town of Ashburnham under 
the provisions of chapter two hundred and twenty-nine of 
the General Acts of the year nineteen hundred and fifteen, 
and extending southeasterly to or toward the state highway 
in the town of Ashby. Neither said way nor any part 
thereof shall thereby become a state highway, and the way 
shall be maintained and kept in repair by the towns in which 
it is situated. This act shall not be construed as prohibiting Act, how 
the laying out and construction of said way, or any part «^°°3*'""'?«i 
thereof, as a state highway under the laws applicable thereto 



192 



General Acts, 1916. — Chaps. 215, 216. 



Massachusetts 
highway com- 
mission may 
improve high- 
way in 
Lunenburg. 



Act, how 
construed. 



whenever the Massachusetts highway 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. This act shall take effect upon its passage. 

Approved May 15, 1916. 

Chap. 215 ^^^ Act to provide for the improvement by the Massa- 
chusetts HIGHWAY COMMISSION OF A HIGHWAY IN THE 
TOWN OF LUNENBURG. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is 
hereby authorized to expend during the present year the 
sum of five thousand dollars in the construction or improve- 
ment of a highw^ay in the town of Lunenburg, between the 
town of Shirley and the city of Leominster, over what is 
deemed by said commission to be the best route. Neither 
said way nor any part thereof shall thereby become a state 
highway, and the way shall be maintained and kept in 
repair by the town of Lunenburg. This act shall not be con- 
strued as prohibiting the laying out and construction of 
said way, or any part thereof, as a state highway under the 
laws applicable thereto whenever the Massachusetts high- 
way 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. This act shall take effect upon its passage. 

Approved May 15, 1916. 

Chap. 216 An Act to provide for the construction ant) improve- 
ment BY THE MASSACHUSETTS HIGHWAY COMMISSION OF 
A HIGHWAY IN THE TOWNS OF SANDWICH AND MASHPEE. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is 
hereby authorized to expend during the present year the 
sum of ten thousand dollars in the construction or improve- 
ment of a highway between the town hall in the town of 
Sandwich and the centre of Mashpee village in the town 
of jMashpee over what is deemed by said commission to be 
the best route. Neither said way nor any part thereof shall 
thereby become a state highway, and the way shall be main- 
tained and kept in repair by the towns in which it is situated. 



Massachusetts 
highway com- 
mission may 
construct 
highway in 
Sandwich and 
Mashpee. 



General Acts, 1916. — Chaps. 217, 218. 193 

This act shall not be construed as prohibiting the laying Act, how 
out and construction of said way, or any part thereof, as a "'^^^ ^^^ 
state highway under the laws applicable thereto whenever 
the Massachusetts highway commission shall deem it ex- 
pedient so to do. Any unexpended balance of the sum 
hereby authorized to be expended may be used in the succeed- 
ing year for the same purpose. 

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

Approved May 15, 1916. 

An Act to provide for the improvement by the massa- Chap. 217 

CHUSETTS HIGHWAY COMMISSION OF A HIGHWAY IN THE 
TOWNS OF PHILLIPSTON AND TEMPLETON. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission is Massachusetts 
hereby authorized to expend during the present year the mission may 
sum of ten thousand dollars in the construction or improve- highway*in 
ment of a highway in the towns of Phillipston and Templeton, xemSS.'""^ 
beginning at the dividing line between the towns of Royal- 
ston and Phillipston and extending through the north- 
easterly part of the town of Phillipston and the northwesterly 
part of the town of Templeton to or toward the state highway 
in Baldwinville village in the town of Templeton, over 
what is deemed by said commission to be the best route. 
Neither said way nor any part thereof shall thereby become 
a state highway, and the way shall be maintained and kept 
in repair by the towns in which it is situated. This act shall ^"i^trSrd. 
not be construed as prohibiting the laying out and construc- 
tion of said way, or any part thereof, as a state highway 
under the laws applicable thereto whenever the Massa- 
chusetts highway 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. This act shall take effect upon its passage. 

Approved May Id, 1916. 

An Act relative to retired call members of fire C]iav.2\^ 
departments. 

Be it enacted, etc., as follows: 

Section 1. All call members of fire departments of Compensation 

oi rGtirsQ 03,11 

cities except Boston who were retired for disability previous members of sre 

departments. 



194 



General Acts, 1916. — Chap. 219. 



to the twenty-third day of May in the year nineteen hun- 
dred and thirteen, shall receive the same compensation 
provided for call members of fire departments placed on 
the retired list under the provisions of chapter six hundred 
and ninety-seven of the acts of the year nineteen hundred 
and thirteen. 
fubm?ttedto Section 2. This act shall take full effect in any city 
city council, etc. upon its acccptaucc by the city council with the approval 
of the mayor. Aijproved May 15, 1916. 



Massachusetts 
highway com- 
mission may 
improve high- 
way in Milford 
and Hopkinton. 



Chap. 21^ An Act to provide for the improvement of a higjiw^ay 

IN THE TOWNS OF MILFORD AND HOPKINTON. 

Be it enacted, etc., as follows: 

Section 1. In addition to any sums heretofore appro- 
priated for the purpose, the Massachusetts highway com- 
mission is hereby authorized to expend the sum of five 
thousand dollars during the present year in the construction 
and improvement of the highway between the existing high- 
way in the town of Milford, at a point near the Milford 
Pine Grove 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- 
tures hereby authorized, the treasurer and receiver general 
is hereby empowered, with the approval of the governor 
and council, to issue scrip or certificates of indebtedness to 
an amount not exceeding five 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 



Act, how 
construed. 



State Highway 
Loan. 



General Acts, 1916. — Chap. 220. 195 

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 16, 1916. 



Chap.220 



An Act relative to certain employees of the board 
of gas and electric light commissioners. 

Be it enacted, etc., as follows: 

Section 1. Chapter seven hundred and forty-two of the iqh, 742, § 134, 
acts of the year nineteen hundred and fourteen is hereby ^'^'''''^'"^■ 
amended by striking out section one hundred and thirty- 
four and inserting in place thereof the following: — Section cierk of board 
134. The board shall appoint a clerk for such term of office eLctric'^iight 
as it may deem proper. He shall not engage in any other dJiTiM^ltc''^'^' 
business, shall keep a full and accurate record of the pro- 
ceedings of the board, and serve such notices and perform 
such other duties as the board may require. He shall be 
sworn before entering upon the performance of his duties. 
The board may from time to time designate one of its em- Assistant 
ployees as assistant clerk, who shall be sworn and shall cierk, duties, 
perform the duties of the clerk in the event of his absence 
or inability to act. 

Section 2. Chapter seven hundred and forty-two of the 1914, 742. § 174, 
acts of the year nineteen hundred and fourteen is hereby '^'^'''''^'''^• 
amended by striking out section one hundred and sevent}^- 
four and inserting in place thereof the following: — Section inspectors, 
174- The board shall appoint an inspector and one or dutres?eTc.''*' 
more assistant inspectors of gas and gas meters for such 
terms of office as it may deem proper. Such inspectors 
shall be sworn to the faithful performance of their official 
duties and they and the deputy inspectors hereinafter pro- 
vided for shall not be pecuniarily interested, directly or 
indirectly, in the manufacture or sale of gas, or gas meters, 
or of any other article or commodity used by gas companies 



196 



General Acts, 1916. — Chaps. 221, 222. 



Present 
employees not 
subject to civil 
service exam- 
ination, etc. 



or used for any purpose connected with the consumption of 
gas or with gas companies, and they shall not give certifi- 
cates or written opinions to makers or vendors of any such 
articles or commodities. 

Section 3. Any present employee of the board of gas 
and electric light commissioners may be promoted, or re- 
appointed at the end of his term of office, without being 
subjected to a civil service examination. The term of office 
. of the present clerk of the board shall not be affected by 
this act. 

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

Ayiwoved May 16, 1916. 

Chap. 221 An Act relative to the mileage of members of the 

VOLUNTEER MILITIA AND NAVAL BRIGADE. 

Be it enacted, etc., as folloivs: 

Section 1. There shall be allowed and paid to each 
officer and soldier of the volunteer militia or naval brigade 
required to travel with troops on duty, as follows : — under 
sections one hundred and forty-one, one hundred and forty- 
two, one hundred and fifty-one, one hundred and fifty-two 
and one hundred and sixty of chapter six hundred and four 
of the acts of the year nineteen hundred and eight, and acts 
in amendment thereof and in addition thereto, two and one 
quarter cents a mile each way, computed by the most direct 
railroad communication from the place in which the head- 
quarters of the various commands and the armories of the 
companies are situated. 

Section 2. So much of section one hundred and seventy- 
four of chapter six hundred and four of the acts of the year 
nineteen hundred and eight, as amended by section two of 
chapter six hundred and forty-two of the acts of the year 
nineteen hundred and eleven and by chapter three hundred 
and ninety-nine of the acts of the year nineteen hundred 
and twelve, as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Ajyproved May 16, 1916. 



Mileage 
allowed 
members of 
volunteer 
militia and 
naval brigade. 



Repeal. 



Chap. 222 An Act relative to the hours of employment of 

women and minors. 

Be it enacted, etc., as follows: 

etc.!'amendtd. Scctiou forty-ciglit of chapter five hundred and four- 
teen of the acts of the year nineteen hundred and nine, as 



General Acts, 1916. — Chap. 222. 197 

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, by section one of chapter 
seven hundred and fifty-eight of the acts of the year nine- 
teen hundred and thirteen, and by chapter fifty-seven of the 
General Acts of the year nineteen hundred and fifteen, is 
hereby further amended by inserting after the word 
"seasons", in the ninth line, the following: — and the 
state board of labor and industries shall determine what 
(employments are seasonal, — so as to read as follows: — 
Section 4S- No child under eighteen years of age and no Hours of 
woman shall be employed in laboring in any factory or fi™e^°f^^'' 
workshop, or in any manufacturing, mercantile, mechanical m'i^ol-s.^^'^ 
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 manufactur- 
ing establishments where the employment is by seasons, and 
the state board of labor and industries shall determine what state board of 
employments are seasonal, the number of such hours in indu'strles to 
any week may exceed fifty-four, but not fiity-eight, pro- ^^lo^''^ 
vided that the total number of such hours in any year shall employments. 
not exceed an average of fifty-four hours a week for the 
whole year, excluding 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-four hours in any one week. Every em- Notices to be 
ployer, 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 and stopping work, and the hours 
when the time allowed for meals begins and ends or, in the 
case of mercantile establishments 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 of any such person at any time Overtime 
other than as stated in said printed notice shall be deemed ^^en°p^-° ' 
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 



198 



General Acts, 1916. — Chap. 223. 



machinery upon which such person was employed or de- 
pendent for employment; but no stopping of machinery for 
less than thirty consecutive minutes shall justify such over- 
time 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 
^"teTf*? shifts ^^^^^bration of any holiday. Every employer engaged in 
of duty and fumishiug public service or in any other kind of business in 
for women and Tcspcct to which the statc board of labor and industries 
shall find that public necessity or convenience requires the 
employment of children under the 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 one of chapter four hundred 
and ninety-four of the acts of the year nineteen hundred 
and eleven or extraordinary public requirement, the pro- 
visions 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 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 May 16, 1916. 



Provisions for 
emergency. 



C/iap. 223 An Act to provide for purcbl^sing departments in 

CITIES. 

Be it enacted, etc., as follows: 

estlbh^lnr. Section 1. Any city, may, upon the acceptance of this 
^a^^^g fiepart- act as hereinafter provided, establish a purchasing depart- 
ment to consist of a purchasing agent and such assistants, 
and with such salaries, as the city council, with the approval 



General Acts, 1916. — Chap. 224. 199 

of the mayor, may from time to time determine. The 
agent and assistants shall be appointed by the mayor and 
aldermen, or by the bod}' corresponding thereto, for such 
terms of office as may be prescribed by ordinance. The 
purchasing agent shall purchase all supplies for the city, or 
for any department thereof, except in case of emergency; 
but all purchases or contracts for purchase exceeding one 
hundred dollars in amount shall be based upon competition. 
A record shall be kept by the department of the prices paid 
for all supplies, which shall be open to the inspection of any 
citizen. 

Section 2. The city council of any city, with the ap- Act to be 
proval of the mayor, may vote to submit this act to the voters at annual 
qualified voters of the city at any annual city election, in *='*y ^ ^'='^'°''- 
the form of the following question to be placed upon the 
official ballot: — "Shall an act passed by the general 
court in the year nineteen hundred and sixteen 
authorizing the establishment of purchasing 
departments in cities be accepted?" And if a 
majority of the voters voting thereon shall vote in the 
affirmative, this act shall take full effect in that city. 

Section 3. This act shall not apply to the city of t^°*ityor'^ 
Boston. Approved May 16, 1916. 



YES. 




NO. 





Boston. 



An Act to regulate the making of small loans. Chav 224 

Be it enacted, etc., as follows: 

Chapter seven hundred and twenty-seven of the acts of ^^^^'J?^i ^ ^• 
the year nineteen hundred and eleven is hereby amended 
by striking out section seven and inserting in place thereof 
the following : — Section 7. The supervisor shall establish Making of 
the rate of interest to be collected, and in fixing said rate r^uiateT^ 
shall have due regard to the amount of the loan and the 
nature of the security and the time for which the loan is 
made; but the total amount to be paid on any loan for 
interest and expenses shall not in the aggregate exceed an 
amount equivalent to three per cent a month on the amount 
actually received by the borrower, computed on unpaid 
balances; and no licensee or company or association to 
which this act applies shall charge or receive upon any loan 
a greater rate of interest than that fixed by the supervisor. 
No charge, bonus, fee, expense or demand of any nature 
whatsoever, except as above provided, shall be made upon 
loans to which this act relates. Approved May 16, 1916. 



200 



General Acts, 1916. — Chaps. 225, 226. 



Chap.225 An Act relative to the retirement and pensioning of 

PROBATION OFFICERS. • 

Be it enacted, etc., as folloics: 

JeniioningVf'''^ Section 1. Any probation officer, of any court who 
officws''*" shall be eligible to a pension for twenty years' service under 
the provisions of section one of chapter seven hundred and 
twenty-three of the acts of the year nineteen hundred and 
twelve, shall hereafter be retired upon attaining the age 
of seventy years. 
Section 2. This act shall take effect upon its passage. 

Approved May 17, 1916. 



Congressional 
district, 
number ten. 



Number 
eleven. 



Chap.226 An Act to redivide a part of the commonwealth into 

DISTRICTS FOR THE CHOICE OF REPRESENTATIVES IN THE 
CONGRESS OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. Wards numbered one, two, three, four, five 
and six in the city of Boston in the county of Suffolk, shall 
form one district for the choice of one representative in the 
congress of the United States, which shall be called district 
number ten. 

Section 2. Wards numbered seven, eight, thirteen, 
fourteen, fi.fteen, sixteen, twenty-two and twenty-three in 
the city of Boston in the county of Suffolk, shall form one 
district for the choice of one representative in the congress 
of the United States, which shall be called district number 
eleven. 

Section 3. Wards numbered nine, ten, eleven, twelve, 
seventeen, eighteen, nineteen, twenty and twenty-one in 
the city of Boston in the county of Suffolk, shall form one 
district for the choice of one representative in the congress 
of the United States, which shall be called district number 
tw^elve. 

Section 4. Wards numbered twenty-five and twenty- 
six in the city of Boston in the county of Suffolk; the towns 
of Bellingham, Brookline, Dover, Franklin, INIedfield, Med- 
way, Millis, Needham, Norfolk, Piainvilie, Walpole, Wellesley 
and W^rentham in the county of Norfolk; the cities of 
Marlborough, Newton and Waltham, and the towns of 
Ashland, Framingham, Holliston, Natick, Sherborn, Sud- 
bury, Wayland and Weston in the county of Middlesex; and 



Number 
twelve. 



Number 
thirteen. 



General Acts, 1916. — Chap. 227. 201 

the town of Southborough in the county of Worcester, shall 
form one district for the choice of one representative in 
the congress of the United States, which shall be called 
district number thirteen. 

Section 5. The town of Easton in the county of Bristol; ^JJ™^®^ 
the city of Quincy, and the towns of Avon, Braintree, Canton, 
Dedham, Foxborough, Holbrook, Milton, Norwood, Ran- 
dolph, Sharon, Stoughton, Westwood and Weymouth in the 
county of Norfolk; the city of Brockton, and the towns 
of Abington, Rockland, East Bridgewater, West Bridge- 
water and Wliitman in the county of Plymouth; and the 
ward numbered twenty-four in the city of Boston in the 
county of Suffolk shall form one district for the choice 
of one representative in the congress of the United States, 
which shall be called district number fourteen. 

Section 6. So much of chapter six hundred and seventy- Repeal, 
four of the acts of the year nineteen hundred and twelve as 
is inconsistent herewith is hereby repealed. 

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

Approved May 17, 1916. 

An Act relatwe to the taxation of mutual fire (jJiq^t) 227 
insurance companies. 

Be it enacted, etc., as foUoics: 

Section 1. Section thirtv-three of Part III of chapter 1909,490, 

*^ "PoW- TTT fs ^'? 

four hundred and ninety of the acts of the year nineteen amended. ' 
hundred and nine is hereby amended by adding thereto the 
following: — In addition to the foregoing deductions there 
shall also be deducted in the case of all mutual fire insurance 
com-panies taxable under the provisions of said sections the 
amount of all unabsorbed premium deposits actually re- 
turned or credited to policy holders during the year for 
which the tax is determined: provided, however, that no such 
deduction shall be made unless such unabsorbed premium 
deposits have been included as premiums received in a 
return m.ade under section thirty-four of this part and a 
tax assessed thereon, — so as to read as follows : — Section Taxation of 
33. In determining the amount of the tax payable under Ssurance^ 
the five preceding sections, all unused balances on notes "'^p^^*^®- 
taken for premiums on open policies, all sums paid for return 
premiums on cancelled policies, and all sums actually paid 
either to other domestic insurance companies or to the 
agents of foreign companies for re-insurance on risks, the 



202 General Acts, 1916. — Chap. 228. 

premiums on which, but for such re-insurance, would be 
liable to taxation, shall, in each case, be deducted from the 
full amount of premiums and assessments; but no deduction 
shall be allowed of sums paid for re-insurance effected other- 
wise than by licensed resident agents nor shall dividends in 
scrip or otherwise in stock, mutual or mixed companies be 
considered as return premiums. In addition to the fore- 
going deductions there shall also be deducted in the case of 
all mutual fire insurance companies taxable under the pro- 
visions of said sections the amount of all unabsorbed premium 
deposits actually returned or credited to policy holders 
Proviso. during the year for which the tax is determined: provided, 

however, that no such deduction shall be made unless such 
unabsorbed premium deposits have been included as 
premiums received in a return made under section thirty- 
four of this part and a tax assessed thereon. 
Section 2. This act shall take effect upon its passage. 

Approved May 17, 1916. 



Chap. 22S An Act relative to the production and sale of milk. 
Be it enacted, etc., as follows: 

imt'ndwi ^ ^' Section 1. Section one of chapter seven hundred and 
forty-four of the acts of the year nineteen hundred and 
fourteen is hereby amended by inserting after the word 
*'the", in the seventh line, the words: — milk and of the, 
— and by inserting after the word "produced", in the 
eighth line, the words: — and handled, — and by striking 
out all after the word "for", where it first occurs in the 
fourteenth line, and inserting in place thereof the words : — 
said permit or for said inspection, — so as to read as fol- 

rnd^sate^ormiik ^^"^^ • — Sectioii 1 . It sliall bc unlawful for any producer 

regulated. of milk or dealer in milk to sell or deliver for sale in any 
city or town in the commonwealth any milk produced or 
dealt in by him without first obtaining from the board of 
health of such city or town a permit authorizing such sale 

Inspection. or delivery. Said boards of health are hereby authorized to 
issue such permits after an inspection, satisfactory to them, 
of the milk and of the place in which and of the circumstances 
. under which such milk is produced and handled, has been 
made by them or by their authorized agent. Any permit so 
granted may contain such reasonable conditions as said 
board may think suitable for protecting the public health 



General Acts, 1916. — Chap. 229. 203 

and may be revoked for failure to comply with any of such 
conditions. No charge shall be made to the producer for 
said permit or for said inspection. 
Section 2. This act shall take effect upon its passage. 

Approved May 17, 1916. 

An Act to PRovroE for the weekly payment of wages QJi^rf 229 
TO employees of hotels in cities. 

Be it enacted, etc., as follows: 

Section one hundred and twelve of chapter five hundred i?°9' ^'*' 5 112, 

, '■ , etc., amended. 

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 two hundred and forty-seven of the 
acts of the year nineteen hundred and fourteen and by 
chapter seventy-five of the General Acts of the year nineteen 
hundred and fifteen, is hereby further amended by inserting 
after the word "a", in the second line, the words: — hotel 
in a city, or a, — so as to read as follows: — Section 112. Weekly 

■n /J , . , . . payment of 

JLvery person, firm or corporation engaged m carrymg on a wages, etc. 
hotel in a city, or a factory, workshop, manufacturing, me- 
chanical or mercantile establishment, mine, quarry, railroad 
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 
weekly each employee engaged in his or its business the 
wages earned by him to within six days of the date of said 
payment, but any employee leaving his or her employment, 
shall be paid in full on the following regular pay day; and 
any employee discharged from such employment shall be 
paid in full on the day of his discharge, or in the city of 
Boston as soon as the provisions of law requiring pay rolls, 
bills and accounts to be certified shall have been complied 
with; and the commonwealth, its officers, boards and com- 
missions shall so pay every mechanic, workman and laborer 
who is employed by it or them, and every person employed 
by it or them in any penal or charitable institution, and 
every county and city shall so pay every employee who is 
engaged in its business the wages or salary earned by him, 
unless such mechanic, workman, laborer or employee requests 



204 



General Acts, 1916. — Chap. 230. 



Exemptions 



Special contract 
forbidden. 



Penalty. 



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 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 
partnership 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. Wlioever violates 
the provisions of this section shall be punished by a fine 
of not less than ten nor more than fifty dollars. 

Approved May 17, 1916. 



Massachusetts 
highway com- 
mission may 
acquire land 
for iiighway 
in Revere. 



C/iap. 230 An Act to authorize the Massachusetts highway com- 
mission TO ACQUIRE CERTAIN LAND AND TO CONSTRUCT A 
HIGHWAY IN THE CITY OF REVERE. 

Be it enacted, etc., as follmvs: 

Section 1. The Massachusetts highway commission is 
hereby authorized to expend a sum not exceeding two hun- 
dred thousand dollars in purchasing or taking by right of 
eminent domain land for the purpose of laying out and con- 
structing a highway in the city of Revere from a point on 
Revere street, at or near its junction with the existing state 
highway, to a point at or near Winthrop avenue, or to a 
point between Winthrop avenue and Charles Eliot Circle, 
either wholly or in part over a new location, or along existing 
highways, as the commission may determine, and to use 
any balance of said money that is not, in its opinion, neces- 
sary for the payment of land damages for the construction 
of a highway in said location, so far as the same may be 
available, the width of the hardened surface to be such as 
the commission may determine. Any such purchase or 
taking may be made upon such route as the commission 
may determine, and may be made on the basis of a location 
not exceeding eighty feet in width: provided, however, that 



Proviso. 



General Acts, 1916. — Chap. 230. 205 

where the highway is to be laid out along an existing street 
the layout may be of the same width as the existing location 
of said street. In laying out and constructing said highway 
the commission is authorized to make use of any land the . 
title to which is in the commonwealth, or which is under 
the control of the metropolitan park commission, without 
payment therefor, provided that it shall not encroach upon 
or interfere with the existing traveled roadway of the metro- 
politan boulevard. 

Section 2. Said highway shall be laid out as a state To be a state 
highway by said commission, and the provisions of chapter ^ ^^^' 
forty-seven of the Revised Laws, as amended, relating to 
state highways, shall apply thereto, except that no petition 
shall be required from the mayor and aldermen of the city 
or from the county commissioners as a condition precedent 
to said layout, and that said commission shall have authority 
to construct such sidewalk or sidewalks as it may deem 
advisable. 

Section 3. The commission shall have all the powers Assessment, 
for and on behalf, of the commonwealth that cities and bette?ments. 
towns have to assess, collect and assume betterments under 
the provisions of chapter fifty of the Revised Laws and any 
amendments thereof or additions thereto. 

Section 4. To meet the expenses incurred under this issue of regis- 
act the treasurer and receiver general is hereby authorized, authorized! 
with the approval of the governor and council, to issue scrip 
or certificates of indebtedness to an amount not exceeding 
two hundred thousand dollars for a term not exceeding 
fifteen years. Such scrip or certificates shall be issued as Rate of 
registered bonds, and shall bear interest at a rate not ex- 
ceeding four per cent per annum, and shall be payable semi- 
annually, on the first days of January and July. They state Highway 
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 LTnited States or its 
equivalent. They shall be sold at public auction, or dis- 
posed of in such 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 5. This act shall take effect upon its passage. 

Approved May 18, 1916. 



206 



General Acts, 1916. — Chap. 231. 



Directors of 
port of Boston 
to convey and 
accept lands 
and flats in 
connection with 
improvement 
of Maiden river. 



C hap. 2S1 An Act to authorize the directors of the port of 

BOSTON TO C0N\^EY AND TO ACCEPT LANDS AND FLATS IN 
CONNECTION WITH THE IMPROVEMENT OF MALDEN RIVER. 

Be it enacted, etc., as follows: 

Section 1. The directors of the port of Boston, in 
connection with the projected improvement of Maiden 
river shown on a "Plan of Improvement, Maiden River, 
Massachusetts", made by Christopher Harrison, city engi- 
neer, dated July, nineteen hundred and thirteen, approved 
by the directors of the port of Boston and on file in the 
office of the United States district engineer at Boston, are 
hereby authorized to convey to the owners of lands fronting 
upon the river all the right, title and interest of the common- 
wealth in and to all or any of the lands and flats lying be- 
tween the low water lines of the river, as relocated and 
straightened according to said plan, and the present riparian 
boundaries of the said owners, respectively; and also to 
accept on behalf of the commonwealth conveyances to it 
of lands and flats lying between the respective low water 
lines of the river in its new location as shown on said plan. 
Such conveyances on the part of the commonwealth may be 
made by deeds of quitclaim or release in ordinary form, 
signed by said directors or a majority of them, and in return 
for such considerations as they may deem proper: provided, 
that simultaneously with the delivery of said deeds or re- 
leases, the grantees named therein shall deliver to said 
board deeds of quitclaim or release in the ordinary form, 
properly executed by said grantees, conveying to the com- 
monwealth any and all right, title and interest in and to 
the lands and flats lying between the low water lines of the 
river as relocated and straightened according to said plan; 
and provided, further, that said deeds of quitclaim or release 
shall contain a special provision releasing the common- 
wealth from any liability for damages that may be sustained 
by the grantors named in the said deeds of quitclaim or 
release by reason of the straightening, deepening, relocating 
or maintaining of the river as is shown in said plan, or for 
any acts committed or omitted by the commonwealth, or 
by any board, commission or officer acting for the common- 
wealth, in carrying out the purposes of this act. All of the-said 
deeds and releases shall be approved by the attorney-general. 
Section 2. This act shall take effect upon its passage. 

Approved May 18, 1916. 



Provisos. 



Approval of 
deeds and 
releases by 
attorney 
general. 



General Acts, 1916. — Chaps. 232, 233. 207 

An Act to abolish the commonwealth's flats improve- (JJid'T) 232 

MENT FUND. 

Be it enacted, etc., as follows: 

Section 1. The Commonwealth's Flats Improvement Common- 
Fund, established by chapter two hundred and thirty-seven improvement 
of the acts of the year eighteen hundred and seventy-eight, 
is hereby abolished and the treasurer and receiver general 
is hereby authorized and directed to transfer the balance 
remaining to the credit of said fund to the Port of Boston 
Fund established by chapter six hundred and sixty-three of 
the acts of the year nineteen hundred and twelve. 

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

Ayyroved May 19, 1916. 



Chap.2SS 



An Act relatr^e to the annual report of the trustees 

OF the MASSACHUSETTS AGRICULTURAL COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and etc^'^^^^^dl'd 
fifty-nine of the acts of the year nineteen hundred and eight, 
as amended by section one of chapter four hundred and 
twenty-nine of the acts of the year nineteen hundred and 
ten, and by section one of chapter ninety-one of the acts of 
the year nineteen hundred and fourteen, is hereby further 
amended by striking out the said section and inserting in 
place thereof the following: — Section 1. The annual report Annual report 
of the trustees of the Massachusetts Agricultural College Ma^SicwtL 
may be printed in five parts, which shall severally consist coiS"'^''^ 
of the following: — part one, of the report of the president 
and other officers of administration; part two, of the cata- 
logue of the college; part three, of the report of the director 
of the Massachusetts agricultural college experiment station 
and other officers; part four, of the detailed reports of the 
experiment station; and part five, of the report of the 
director of the extension service. 

Section 2. Section two of chapter four hundred and ^tf' amended 
fifty-nine of the acts of the year nineteen hundred and eight, 
as amended by section two of chapter four hundred and 
twenty-nine of the acts of the year nineteen hundred and 
ten, and by section two of chapter ninety-one of the acts 
of the year nineteen hundred and fourteen, is hereby further 
amended by striking out the said section and inserting in 
place thereof the following: — Section 2. Of part one there Number of 

^ r copies of several 



208 



General Acts, 1916. — Chap. 234. 



parts to be 
printed. 



may be printed three thousand copies, of which two thou- 
sand copies may be for the use of the trustees of said college; 
of part two, ten thousand copies for the use of the said 
trustees; of part three, as many copies, not exceeding 
twenty thousand, as may be requested by the director of the 
experiment station for the use of the said trustees; of part 
four, which may be offered for publication in instalments 
to be known as bulletins, as many copies of each instalment 
as shall be requested by the said director, but in no case 
exceeding twenty thousand copies, for the use of the said 
trustees, and in addition, for the use of the state board of 
agriculture, as many copies of each instalment, not exceed- 
ing twenty-five hundred, as may be requested by the said 
board; and of part five, five thousand copies for the use of 
the said trustees. 
Section 3. This act shall take effect upon its passage. 

A-pyrored May 19, 1016. 



Chap. 234: An Act to establish the mount toby state demonstra- 
tion FOREST AND TO PROVIDE FOR INSTRUCTION THEREIN 
BY THE MASSACHUSETTS AGRICULTURAL COLLEGE. 

Be it enacted, etc., as folloivs: 

Section 1. The trustees of the Massachusetts Agri- 
cultural College are hereby authorized to take or acquire by 
purchase, gift or otherwise, land not exceeding one thousand 
acres in extent, situated on and about Mount Toby, so- 
called, in the towns of Sunderland and Leverett, and now 
owned by John L. Graves and others. 

Section 2. The land acquired under the provisions of 
this act shall be known as the Mount Toby State Demonstra- 
tion Forest, and title to the land shall be in the common- 
wealth. 

Section 3. The said trustees shall have the same power 
to acquire land for the Mount Toby State Demonstration 
Forest which is given to the metropolitan park commission 
in respect to other land by chapter four hundred and seven 
of the acts of the year eighteen hundred and ninety-three, 
and acts in amendment thereof, and shall be vested with 
full power and authority to care for, protect and maintain 
the same in behalf of the commonwealth. 

Section 4. The trustees of the Massachusetts Agri- 
cidtural College are hereby further authorized and directed 
to use the lands acquired under the provisions of this act, or 



Trustees of 
Massachusetts 
Agricultural 
College to 
purchase land, 
etc. 



Mount Toby 
State Demon- 
stration Forest 
established. 



Powers and 
duties, etc. 



Lands to be 
used for in- 
struction in 
forestry, etc. 



General Acts, 1916. — Chap. 235. 209 

so much thereof as they shall determine, for the instruction 
of students in forestry and as a laboratory for the purposes 
of research and illustration in economic questions and 
practical work relating to the conservation and use of forest 
tracts and farm wood lots. 

Section 5. To carry out the purposes of this act, a Appropriation. 
sum not exceeding thirty thousand dollars shall be allowed 
and paid out of the treasury of the commonwealth. 

Section 6. This act shall take effect upon its passage. 

Approved May 19, 1916. 

An Act to provide for the construction of a parkway Chap.2ib 

CONNECTING THE BLUE HILLS RESERVATION WITH GRANITE 
STREET IN THE TOWN OF BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission is hereby Metropolitan 
authorized and directed to lay out and construct a parkway mission to 
or boulevard not less than sixty feet in width, and to take parkway from 
or acquire by purchase or otherwise such land as may be res'^r^Slon to 
necessary therefor, in the town of Braintree beginning -^XLkitre^' 
at a point at or near the intersection of West street with 
Farm river and extending to the junction of West street 
and Granite street in said town, and to expend therefor a 
sum not exceeding ten thousand dollars. 

Section 2. To meet the expenditures made under au- Metropolitan 
thority of this act the treasurer and receiver general, with series Two"!' 
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 
ten thousand dollars as an addition to the Metropolitan 
Parks Loan, Series Two. The treasurer and receiver general 
shall add to the existing sinking fund to provide for the pay- 
ment 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 hundred and ninety-five, and of chapter four 
hundred and nineteen of the acts of the year eighteen hun- 
dred 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 19, 1916. 



210 



General Acts, 1916. — Chaps. 236, 237. 



Chap.23Q An Act relative to the employment of an accountant 

AND A bookkeeper BY THE AUDITOR OF THE COMMON- 
WEALTH. 

Be it enacted, etc., a^ follows: 

Section 1. Chapter two hundred and seventy-four of 
the General Acts of the year nmeteen hundred and fifteen 
is hereby amended by striking out section one and inserting 
Auditor of in place thereof the following: — Section 1. The auditor 

commonwealth i»i'm iiii 

may employ an Hiay euiploy ui his omce an accountant and a bookkeeper, 
whose salaries shall be fixed by the auditor with the approval 
of the governor and council. 
Section 2. This act shall take effect upon its passage. 

Approved May 19, 1916. 



1915, 274 (G), 
§ 1, amended. 



accountant and 
a bookkeeper. 



Metropolitan 
park commis- 
sion may 
complete 
Dedham 
parkway. 



Metropolitan 
Parks Loan, 
Series Two. 



Chap.2S7 An Act to enable the metropolitan park commission 
TO complete the construction of the dedham park- 
way. 

Be it enacted, etc., as follows: 

Section 1. In order to complete the construction of so 
much of the Dedham parkway as has been acquired by 
the metropolitan park commission in accordance with 
chapter six hundred and ninety-nine of the acts of the year 
nineteen hundred and twelve, the said commission is hereby 
authorized to expend the sum of ten thousand dollars. 

Section 2. To meet the expenses incurred hereunder, 
the treasurer and receiver general is hereby authorized to 
issue, in the name and behalf of the commonwealth, scrip 
or certificates of indebtedness bearing interest at a rate not 
exceeding four per cent per annum to the amount of ten 
thousand dollars, as an addition to the Metropolitan Parks 
Loan, Series Two. Such bonds or scrip shall be issued in 
such amounts and upon such terms, and shall bear such rate 
of interest not exceeding 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 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 3. This act shall take effect upon its passage. 

Approved May 19, 1916. 



General Acts, 1916. — Chaps. 238, 239. 211 



An Act relative to certain payments under the re- (Jjiar) 238 

TIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS. 

Be it enacted, etc., as follmvs: 

Section 1. Paragraph (6) of section seven of chapter iQis, 832, § 7, 
eight hundred and thirty-two of the acts of the year nine- ^'^^^'^ 
teen hundred and thirteen is hereby amended by adding at 
the end thereof the following : — if, however, there is no 
executor or administrator of the estate of such deceased 
member, all sums due under this paragraph, not exceeding 
one hundred dollars in any one case, may be paid to such 
person or persons as appear in the judgment of the retire- 
ment board to be entitled to the proceeds of the estate, 
and such payment shall be a bar to recovery by any other 
person, — so that said paragraph will read as follows: — 
(6) If a member of the retirement association shall die Certain pay- 
before retirement, the full amount of his contributions to reth^eLent^"^ 
the annuity fund with regular interest to the day of his pubu^slhooi 
death shall be paid to his legal representatives; if, however, teachers. 
there is no executor or administrator of the estate of such 
deceased member, all sums due under this paragraph, not 
exceeding one hundred dollars in any one case, may be paid 
to such person or persons as appear in the judgment of the 
retirement board to be entitled to the proceeds of the estate, 
and such payment shall be a bar to recovery by any other 
person. 

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

Approved May 20, 1916. 

An Act to authorize the temporary release of Qfidj) 239 

PATIENTS COMMITTED TO INSANE HOSPITALS FOR LIFE. 

Be it enacted, etc., as follows: 

The provisions of section seventy-five of chapter five Temporary 
hundred and four of the acts of the year nineteen hundred paSs com- 
and nine shall apply to the case of a patient committed to fnLane hospitals 
an insane hospital for the term of his natural life under the ^°^ ^'f®- 
provisions of section one hundred and four of said chapter 
five hundred and four, after an acquittal by reason of in- 
sanity upon an indictment for murder or manslaughter, but 
the superintendent shall not permit any such person tempo- 
rarily to leave the hospital without the approval of the 
governor and council. Neither such permission tempo- 



212 



General Acts, 1916. — Chap. 240. 



rarily to leave the hospital, nor failure to return thereto, 
shall terminate or in any way affect the. original order of 
commitment. Ap'proved May 20, 1916. 



1911, 494, § 1, 
amended. 



Hours of labor 
of public 
employees and 
persons em- 
ployed on 
public works 
fixed. 



Chap. 24:0 An Act relative to the hours of labor of public em- 
ployees AND PERSONS EMPLOYED ON PUBLIC WORKS. 

Be it enacted, etc., as follotvs: 

Section 1. Section one of chapter four hundred and 
ninety-four of the acts of the year nineteen hundred and 
eleven is hereby amended by inserting after the word "day", 
in the tenth line, the words: — and to forty-eight hours in 
any one week, — and by inserting after the Avord "day", 
in the seventeenth line, the words: — or more than forty- 
eight hours in any one week, — so as to read as follows: — 
Section 1. The service of all laborers, workmen and me- 
chanics, now or hereafter employed by the commonwealth 
or by any county therein or by any city or town which has 
accepted the provisions of section twenty of chapter one 
hundred and six of the Revised Laws, or of section forty- 
two of chapter five hundred and fourteen of the acts of the 
year nineteen hundred and nine, or by any contractor or 
sub-contractor for or upon any public works of the com- 
monwealth or of any county therein or of any such city or 
town, is hereby restricted to eight hours in any one calendar 
day, and to forty-eight hours in any one week, and it shall 
be unlawful for any officer of the commonwealth or of any 
county therein, or of any such city or town, or for any such 
contractor or sub-contractor or other person whose duty it 
shall be to employ, direct or control the service of such 
laborers, workmen or mechanics to require or permit any 
such laborer, workman or mechanic to work more than 
eight hours in any one calendar day, or more than forty- 
eight hours in any one week, except in cases of extraordinary 
emergency. Danger to property, life, public safety or public 
health only shall be considered cases of extraordinary emer- 
gency within the meaning of this section. In cases where a 
Saturday half holiday is given the hours of labor upon the 
other working days of the week may be increased sufficiently 
to make a total of forty-eight hours for the week's work. 
Threat of loss of employment or to obstruct or prevent the 
obtaining of employment or to refrain from employing in 
the future, shall each be considered to be "requiring" within 



"Extraordinary 
emergency," 
term defined. 



General Acts, 1916. — Chap. 241. 213 

the meaning of this section. Engineers shall be regarded as 
mechanics within the meaning of this act. 

Section 2. Section four of chapter four hundred and amended.^*' 
ninety-four of the acts of the year nineteen hundred and 
eleven is hereby amended by adding at the end thereof the 
following: — nor to persons employed by the trustees of the 
Massachusetts nautical school, on boats maintained by 
the district police for the enforcement of certain laws in the 
waters of the commonwealth, or in connection with the 
care and maintenance of state armories, — so as to read as 
follows : — Section 4- This act shall not apply to the prepa- Not to apply 
ration, printing, shipment and delivery of ballots to be '"^ "'"^^° '=^'''- 
used at a caucus, primary, state, city or town election, nor 
during the sessions of the general court to persons employed 
in legislative printing or binding; nor shall it apply at any 
time to persons employed in any state, county or municipal 
institution, on a farm, or in the care of the grounds, in the 
stable, in the domestic or kitchen and dining room service 
or in store rooms or offices, nor to persons employed by the 
trustees of the ]Massachusetts nautical school, on boats 
maintained by the district police for the enforcement of 
certain laws in the waters of the commonwealth, or in con- 
nection with the care and maintenance of state armories. 

Section 3. This act shall take effect on the first day of Jff^t°^*^'^°^ 
July, nineteen hundred and sixteen: provided, however, that Proviso. 
the provisions of section one shall not take effect in any city 
until accepted by vote of the city council, approved by the 
mayor, or by vote of the commission in any city under a 
commission form of government, nor in any town until 
accepted by the voters thereof at an annual meeting or at a 
special meeting called for the purpose. 

Approved May 20, 1916. 



An Act to abolish the board of prison commissioners rij^ri^ 041 

AND the boards OF PAROLE AND TO ESTABLISH THE MAS- ^' 
SACHUSETTS BUREAU OF PRISONS. 

Be it enacted, etc., as follows: 

Section 1. The board of prison commissioners existing Board of prison 
under authority of chapter two hundred and twenty-two of and boards o? 
the Revised Laws, the offices of chairman and secretary ^go^ted. 
thereof, the office of deputy commissioner established under 
chapter eight hundred and twenty-nine of the acts of the 



214 



General Acts, 1916. — Chap. 241. 



Rights, powers, 
etc., transferred 
to the director 
of the Massa- 
chusetts bureau 
of prisons, 
except, etc. 



Board of 
parole, etc. 



Appointees 
and employees. 



Massachusetts 
bureau of 
prisons 
established. 



Director 
of prisons, 
appointment, 
etc. 



Deputies. 



Advisory- 
prison board. 



year nineteen hundred and thirteen, the board of parole 
for the state prison and the Massachusetts reformatory and 
the board of parole for the reformatory for women established 
by said chapter eight hundred and twenty-nine, are hereby 
abolished. All the rights, powers, duties and obligations 
conferred and imposed by law on said board of prison com- 
missioners, or any member thereof, except as is hereinafter 
provided, are hereby transferred to and shall hereafter be 
exercised and performed by the director of the Massa- 
chusetts bureau of prisons established by this act, who shall 
be the lawful successor of said board. All the rights, powers, 
duties and obligations conferred and imposed by law on said 
boards of parole are hereby transferred to and shall here- 
after be exercised and performed by the board of parole of 
the Massachusetts bureau of prisons established by this 
act, which board shall be the lawful successor of said boards. 
All appointees and employees of said boards except as is 
otherwise provided in this act, shall as temporary appointees 
continue to perform their duties, upon the same terms as 
heretofore, until removed under the authority of this act 
and shall be eligible for reemployment hereunder without 
further examination. 

Section 2. The Massachusetts Bureau of Prisons is 
hereby established, to consist of a director of prisons, not 
more than two deputies, an advisory prison board of five 
members, of whom three shall be men and two shall be 
board of parole of three members. Said 



be furnished with suitable quarters in the 



women, and 
bureau shall 
state house. 

Section 3. The director of prisons shall be appointed 
by the governor, with the advice and consent of the council, 
to serve for the term of three years, and shall receive such 
annual salary, not exceeding six thousand dollars, as shall 
be determined by the governor with the advice and consent 
of the council. Any vacancy shall be filled for the unexpired 
term by the governor with the advice and consent of the 
council, and the governor shall designate one of the deputies 
to act as director until the vacancy is filled. The deputies 
shall be appointed by the director, shall perform such duties 
as he may determine, and may be removed, by him at any 
time. They shall receive such salaries as he shall determine, 
subject to the approval of the governor and council. 

Section 4. The five members of the advisory prison 
board shall be appointed by the governor with the advice 



General Acts, 1916. — Chap. 241. 215 

and consent of the council for terms of five years, four years, 
three years, two years and one year from the first day of 
June, nineteen hundred and sixteen, respectively, as the 
governor shall designate, and thereafter one member shall 
be appointed annually to serve for the term of five years. 
They shall receive no compensation for their services, but Expense. 
shall be reimbursed by the commonwealth for actual expenses 
incurred by them in the performance of their official duties. 

Section 5. The three members of the board of parole Board of parole, 
shall be appointed by the governor with the advice and |pp°''^*"'®^*' 
consent of the council, for terms of three years, two years 
and one year from the first day of July, nineteen hundred 
and sixteen, respectively, as the governor shall designate, 
and thereafter one member shall be appointed annually to 
serve for the term of three years. The members of said Compensation, 
board shall each receive an annual salary of twelve hundred 
dollars as full compensation for their duties relative to 
permits to be at liberty from the state prison, the Massa- 
chusetts reformatory, the prison camp and hospital, and the 
reformatory for women, and shall be reimbursed by the com- 
monwealth for actual expenses incurred by them in the per- 
formance of their official duties. In addition thereto, the Compensation 
members of said board may receive as compensation for the boarcToT'^^ 
performance of their duties as advisory board of pardons, p^'^°''^- 
under the provisions of section six of chapter eight hundred 
and twenty-nine of the acts of the year nineteen hundred 
and thirteen, and for actual expenses incurred in connection 
therewith, such sums from the treasury of the commonwealth 
as may be approved by the governor with the advice and 
consent of the council. The governor with the advice and Chairman. 
consent of the council shall annually designate one member 
of the board of parole as chairman. The director of prisons 
shall furnish the said board with clerical and other necessary 
assistance. 

Section 6. Members of the said boards may be removed Removal and 
by the governor with the advice and consent of the council, 
who shall, in like manner fill any vacancy for the unexpired 
term. 

Section 7. It shall be the duty of the director to keep Director of 
informed as to the management and condition of all penal etc!°''^' '^''*'^^' 
institutions under his supervision or control. He may expend 
annually in the performance of his duties and for necessary 
clerical assistance such sum as may be appropriated therefor 
by the general court, and may, during the current year, 



216 



General Acts, 1916. — Chap. 241. 



Duties of 
advisory 
prison board 



expend for that purpose the unexpended balance of any 
sums appropriated for the use of the board of prison com- 
missioners. He or one of his deputies shall make frequent 
visits to the penal and reformatory institutions under his 
supervision for the purpose of investigating the manage- 
ment, condition and discipline of the institution and the 
treatment of the inmates, and the books of the said institu- 
Certain officials tious shall be opcu for his examination. The director or 

to be present at j_ _l- p j1 i ^ ' ,ii ^ • 

meetings of any representative from the bureau designated by him may 
paroe oar. attend any meeting of the parole board. The superintendent 
of the reformatory for women and the resident physician, 
or, in the absence of either of them, an official of said re- 
formatory designated by the superintendent, shall be present 
at all meetings of the parole board held for the examination 
of inmates thereof. 

Section 8. It shall be the duty of the advisory prison 
board to keep informed as to the administration of the penal 
institutions under the supervision or control of the director 
of prisons, to visit and inspect said institutions, to study 
and investigate questions arising in connection therewith, 
and to consider, formulate and recommend such proposals 
as may seem feasible for the improvement thereof. The 
board shall annually choose a chairman from among its 
members and may adopt rules consistent with this act for 
the performance of its duties. The director of prisons shall 
annually assign an employee of the bureau to act as secretary 
of the advisory prison board, and to attend and to keep a 
record of its meetings. The board shall hold regular meet- 
ings once every month and other meetings whenever they 
are required by such rules as it may adopt, or when requested 
by three members of the board. The board shall make 
known to the director of prisons any defects of prison manage- 
ment known to it, and may make recommendations to him 
regarding the improvement of the prison service. When 
requested by the board, the director of prisons shall report 
to it in person or in writing regarding any matters relating 
to prisons. At the request of the governor, and under his 
direction, the board shall investigate and report to him 
upon any matter pertaining to the administration of the 
director of prisons or to the management of any of the 
Annual reports, peual iustitutious. The board shall make an annual report 
to the general court, which shall be incorporated in the 
annual report of the director of prisons. 



Ctiairman. 



Secretary. 



Meetings. 



General Acts, 1916. — Chap. 242. 217 

Section 9. Sections two and four of chapter two him- Repeal. 
dred and twenty-two of the Revised Laws, and section five 
of said chapter, as amended by chapter five hundred and 
twenty-six of the acts of the year nineteen hundred and 
fourteen, and all acts and parts of acts inconsistent here- 
with, are hereby repealed. 

Section 10. So inuch of this act as provides for the Time of taking 
appointment of the advisory prison board, the board of ^^^*' 
parole and the director of prisons shall take effect upon its 
passage. All other provisions shall take effect on the first 
day of July, nineteen hundred and sixteen. 

Approved May 20, 1916. 

An Act relatrt: to the licensing of pedlers. Chav 242 
Be it enacted, etc., as follows: 

Section 1 . Chapter sixty-five of the Revised Laws is r. l. es. § is. 
hereby amended by striking out section thirteen and insert- ^™'''''^^^- 
ing in place thereof the following: — Section 13. Whoever, Saiesby 
except itinerant vendors, wholesalers or jobbers having a pediers"^^ 
permanent place of business in this commonwealth and 
selling to dealers only, and commercial agents or other 
persons selling at wholesale by sample, lists, catalogues or 
otherwise for future delivery, goes from town to town or 
from place to place in the same town carrying for sale or 
barter, or exposing for sale or barter, goods, wares or mer- 
chandise, shall be deemed a hawker or pedler within the 
meaning of this chapter. Hawkers and pedlers selling. Penalty. 
bartering, or exposing for sale or barter, goods, wares or 
merchandise, except as permitted by the provisions of this 
chapter, shall forfeit not more than two hundred dollars 
for each offence, to be equally divided between the common- 
wealth and the city or town in which the offence is com- 
mitted. 

Section 2. Chapter sixty-five of the Revised Laws is r. l. es, § i4, 
hereby amended by striking out section fourteen and insert- =*'^®°'^®'^- 
ing in place thereof the following: — Section 14- The sale Saiesof 
by hawkers or pedlers of jewelry, furs, wines, spirituous profi'bit^ed!*' ^^ 
liquors and playing cards is prohibited. 

Section 3. Section fifteen of chapter sixty-five of the r. l. 65, § is. 
Revised Laws, as amended by chapter three hundred and ^^•' '''^^''^^^• 
seventy-seven of the acts of the year nineteen hundred and 
five, by chapter three hundred and forty-five of the acts of 



218 



General Acts, 1916. — Chap. 242. 



Sales of certain 
articles without 
license. 



Proviso. 



Cities and 
towns may 
make regula- 
tions. 



Farm prod- 
ucts, etc. 



R. L. 65. § 17, 
etc., amended. 



Regulation of 
sales by 
minors. 



Proviso. 



the year nineteen hundred and six, and by chapter forty- 
eight of the General Acts of the year nineteen hundred and 
sixteen, is hereby further amended by striking out the said 
section and inserting in place thereof the following : — Sec- 
tion 15. Hawkers and pedlers may sell without a license 
books, newspapers, pamphlets, fuel, provisions, yeast, ice, 
live animals, brooms, agricultural implements, hand tools 
used in making boots and shoes, gas or electric fixtures and 
appliances, flowering plants, wild or uncultivated flowers, 
fruits, nuts and berries; and fruit, agricultural and other 
products, if such fruit and products are those of their own 
labor or of the labor of their families: promded, that such 
sales are not made in violation of an ordinance or by-law 
of the city or town. Cities and towns may by ordinance or 
by by-law, not inconsistent with the provisions of this 
chapter, regulate the sale and exposing for sale by hawkers 
and pedlers of said articles without the payment of any fee, 
and may affix penalties for the violation of such regulations. 
Cities and towns may require hawkers and pedlers of fish, 
fruit and vegetables to be licensed, provided that the license 
fee does not exceed that prescribed by section nineteen of 
this chapter, as amended, for a license embracing the same 
territorial limits. But a person who peddles only fruits and 
vegetables or other farm products, raised or produced by 
himself or family, shall not be deemed a hawker or pedler 
under the provisions of this chapter. 

Section 4. Section seventeen of chapter sixty-five of 
the Revised Laws, as amended by chapter five hundred and 
thirty-one of the acts of the year nineteen hundred and two, 
by chapter one hundred and fifty-one of the acts of the 
year nineteen hundred and six, and by chapter four hundred 
and nineteen of the acts of the yeaf nineteen hundred and 
ten, is hereby further amended by striking out the said 
section and inserting in place thereof the following : — Sec- 
tion 17. The mayor and aldermen or selectmen may make 
regulations consistent with the general laws relative to the 
exercise of the trade of boot-blacking by minors, and to the 
sale or barter by minors of any goods, wares or merchandise 
the sale of which is permitted by section fifteen, and may 
prohibit such sales or such trade, or may require a minor 
to obtain from them a permit therefor to be issued on terms 
and conditions prescribed in such regulations: prodded, 
that in the case of persons under the age of sixteen years in 
the cities of the commonwealth the foregoing powers shall 



General Acts, 1916. — Chap. 242. 219 

be vested in and exercised by the school committee. No 
badge or permit issued to a minor under the provisions of 
this section, or of sections eleven to fifteen, inclusive, of 
chapter eight hundred and thirty-one of the acts of the 
year nineteen hundred and thirteen, shall authorize the sale 
by a minor of any article other than those enumerated in 
section fifteen of this chapter. A minor who sells such Penalties, 
articles or exercises such trade without a permit, if one is 
required, or who violates the conditions of his permit or 
any provision of said regulations shall be punished by a 
fine of not more than ten dollars for each offence. Any 
person who, having a minor under his control, knowingly 
permits him to violate any provision of this act, and any 
person who procures or employs a minor to violate any pro- 
vision of this act, and any person who either for himself 
or as agent of any other person or of any corporation know- 
ingly furnishes or sells to any minor any of the articles 
aforesaid with knowledge that the minor intends to sell 
said articles in violation of the provisions of this act, after 
having received written notice from the school committee 
that the minor is not authorized to sell said articles, shall be 
punished by a fine of not more than two hundred dollars 
or by imprisonment for not more than six months. 

Section 5. Chapter sixty-five of the Revised Laws is r. l. 65. § is, 
hereby amended by striking out section eighteen and insert- ^'^^^ 
ing in place thereof the following: — Section 18. A parent Penalty on 
or other person who employs a minor in peddling without a ploying minor 
permit or license, if one is required, or who, having the care etc^ '^^' 
or custody of a minor, permits him to engage in such em- 
ployment, shall be punished by a fine of not more than two 
hundred dollars or by imprisonment for not more than six 
months. 

Section 6. Section nineteen of chapter sixty-five of the r. l. 65. § i9. 
Revised Laws, as amended by chapter two hundred and ^ ^" ^^^^ 
four of the acts of the year nineteen hundred and five, by 
section one of chapter five hundred and seventy-one of the 
acts of the year nineteen hundred and seven, by chapter 
one hundred and ninety-two of the acts of the year nineteen 
hundred and twelve, and by section one of chapter two 
hundred and fifty-three of the General Acts of the year 
nineteen hundred and fifteen, is hereby further amended 
by striking out the said section and inserting in place thereof 
the following: — Section 19. The commissioner of weights Pediers* 

J 1 1* J. i_ J. • e licenses. 

and measures may grant a license to go about exposing tor 



220 



General Acts, 1916. — Chap. 242. 



Applicant to 
make oath, etc 



Fees. 



State licenses, 
etc. 



R. L. 65, § 20, 
etc., amended. 



sale or barter and selling or bartering any goods, wares or 
merchandise, the sale of which is not prohibited by section 
fourteen, to any person who files in his office a certificate 
signed by the mayor of a city or by a majority of the select- 
men of a town, stating that to the best of his or their knowl- 
edge and belief the applicant therein named is of good 
repute as to 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. The 
oath shall be certified by a justice of the peace and shall 
accompany the certificate. The commissioner shall cause 
to be inserted in every such license the amount of the license 
fee and the name of the city or town for which it is issued. 
The licensee may sell or barter in any city and town 
mentioned in his license any goods, wares or merchandise, 
not prohibited in section fourteen, upon payment to the 
commissioner of the following fees: for each town containing 
not more than one thousand inhabitants, according to the 
then latest census, state or national, four dollars; for each 
town containing more than one thousand and not more than 
two thousand inhabitants, seven dollars; for each town con- 
taining more than two thousand and not more than three 
thousand inhabitants, nine dollars; for each town contain- 
ing more than three thousand and not more than four thou- 
sand inhabitants, eleven dollars; and for each city and for 
.all other towns, eleven dollars, and one dollar for every one 
thousand inhabitants thereof over four thousand; but the 
fee shall in no case exceed twenty-six dollars, and the amount 
paid shall be certified on the face of the license. The com- 
missioner shall retain one dollar for every city and town 
named in each of the above described licenses, and shall 
pay% over to the respective cities and towns at least semi- 
annually the balance of said fees so received. The commis- 
sioner 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 or barter in any city 
or town in the commonwealth any fish, fruits, vegetables, 
or other goods, wares or merchandise, the sale of which is 
not prohibited by statute. 

Section 7. Section twenty of chapter sixty-five of the 
Revised Laws, as amended by section two of chapter two 



General Acts, 1916. — Chap. 242. 221 

hundred and fifty-three of the General Acts of the year 
nineteen hundred and fifteen, is hereby further amended by 
striking out the said section and inserting in place thereof 
the following : — Section 20. The commissioner of weights County 
and measures may also grant as aforesaid special county "'®^^®*- 
licenses for each county mentioned therein; and the licensee 
may expose for sale or barter within such county any goods, 
wares or merchandise manufactured by himself or by his 
employer and not prohibited in section fourteen, upon 
paying to the commissioner the amounts following: for Fees. 
Suffolk, Essex, Middlesex and Worcester, each, five dollars; 
for Norfolk, Plymouth, Bristol, Berkshire and Hampden, 
each, four dollars; for Franklin, Hampshire and Barnstable, 
each, three dollars; and for Dukes County and Nantucket, 
each, two dollars. The license shall describe the manu- 
factured article or articles to be sold or bartered under it 
and shall not authorize the sale or barter of any other article 
by the licensee. The commissioner shall retain one dollar 
for every county named in each of the above described 
licenses, and shall pay over to the treasurers of the respective 
counties at least semi-annually the balance of said fees so 
received. 

Section S. Section twenty-three of chapter sixty-five of ^^^-^^j.-^j 
the Revised Laws, as amended by section four of chapter 
two hundred and fifty-three of the General Acts of the 
year nineteen hundred and fifteen, is hereby further amended 
by striking out the said section and inserting in place thereof 
the following : — Section 23. The commissioner of weights Record, etc., 
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; and 
all such records shall be open to 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 that date. 

Section 9. Section twenty-four of chapter sixty-five of R- L- ^' j 24. 
the Revised Laws, as amended by section five of chapter 
two hundred and fifty-three of the General Acts of the year 
nineteen hundred and fifteen, is hereby further amended by 
striking out the said section and inserting in place thereof 
the io\\ov:mg: — Section 24. All of the aforesaid fees paid S'fee°''*'°" 
to the commissioner shall be for the use of the common- 



222 



General Acts, 1916. — Chap. 242. 



Revocation 
of license. 



R. L. 65, § 25, 
etc., amended. 



Posting name 
of licensee. 



Badge, plates 
or tags to be 
provided. 



R. L. 65, § 26, 
amended. 



Effect of 
licenses on 
prosecution. 



wealth; 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 granted by the commissioner of weights and 
measures, under the provisions of this chapter, or of any act 
in amendment thereof or in addition thereto, may be re- 
voked by the commissioner upon conviction of the licensee 
of any crime which, in the judgment of the commissioner, 
warrants such revocation. Whenever any person is con- 
victed of a violation of any provision of this chapter or a 
licensee is convicted of any crime, the commissioner shall 
be notified by the clerk or trial justice of the court in which 
the conviction occurred. 

Section 10. Section twenty-five of chapter sixty-five of 
the Revised Laws, as amended by section six of chapter two 
hundred and fifty-three of the General Acts of the year 
nineteen hundred and fifteen, is hereby further amended by 
striking out the said section and inserting in place thereof 
the following : — Section 25. Every person licensed to 
peddle as aforesaid shall endorse his usual signature upon 
his license. The licensee shall produce his license for in- 
spection when the same 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, and if he 
fails or refuses so to do shall be subject to the same penalty 
as if he had no license. The commissioner of weights and 
measures shall, at the expense of the licensee, provide a 
badge for each foot pedler and plates or tags for each pack, 
parcel, wagon, or other vehicle used in peddling. Such 
badges, plates or tags shall bear the number of the license, 
the word "pedler", and such other information as the 
commissioner may deem necessary. Each foot pedler shall 
wear his badge in a conspicuous place, and each wagon or 
other vehicle shall bear the name of the licensee plainly 
inscribed or painted on the body of the vehicle, and shall 
also have attached to the front or side of the body of the 
vehicle, in a place where it may readily and plainly be seen, 
the plate or tag provided by the commissioner with the 
license number attaclied thereto. 

Section 11. Chapter sixty-five of the Revised Laws is 
hereby amended by striking out section twenty-six and in- 
serting in place thereof the following : — Section 26. No 
license to go about offering for sale, bartering or selling as 
aforesaid shall defeat or bar a prosecution against the person 



General Acts, 1916. — Chap. 243. 223 

licensed, if it is proved that he exposed for sale any articles, 
except such as are permitted by section fifteen, in a county, 
city or town in wliich he was not licensed to sell. 

Section 12. Chapter sLxty-five of the Revised Laws is R- l es, § 27. 
hereby amended by striking out section twenty-seven and 
inserting in place thereof the following : — Section 27. Counterfeiting 

^ ^ „ . p , . " , licenses, etc. 

Vvhoever counterfeits or forges a license, or has a counter- 
feited or forged license in his possession with intent to utter 
or use the same as true, knowing it to be false or counterfeit, 
and whoever attempts to sell under a license which has 
expired or is forfeited, or which has not been issued or 
transferred to him, or has in his possession another's license 
with intent to use the same, shall be punished by a fine not 
exceeding one thousand dollars. Approved May 22, 1916. 

An Act relative to delinquent children. C/iap. 243 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter four hundred and amended.^ ^' 
thirteen of the acts of the year nineteen hundred and six is 
hereby amended by inserting after the word "cases", in the 
eighth line, the words: — except that the trial of the said 
appeals in the superior court shall not be in conjunction 
with the other business of that court, but shall be held in a 
session set apart and devoted for the time being exclusively 
to the trial of juvenile cases. This shall be known as the 
juvenile session of the superior court, and shall have a 
separate trial list and docket. All juvenile appeal cases in 
the superior court shall be transferred to this list, and shall 
be tried, unless otherwise disposed of by direct order of the 
court. In any appeal case the superior court before passing 
sentence or before ordering other disposition shall be supplied 
with a report of any investigation thereon made by the 
probation officer of the court from which the appeal was 
taken, — . so as to read as follows : — Section 5. Hearings Hearings 
upon cases arising under this act may be adjourned from deunq^ulnt °^ 
time to time. A child that has been adjudged by the court be'Ldjoumed. 
a wayward or delinquent child may appeal to the superior 
court, and such child shall, at the time of such adjudica- 
tion, be notified of its right to appeal. The appeal, if taken. Appeal to 
'shall be entered, tried and determined in like manner as |^p®"°'"''°" • 
appeals from trial justices in criminal cases, except that 
the trial of the said appeals in the superior court shall not 
be in conjunction with the other business of that court. 



224 



General Acts, 1916. — Chap. 243. 



Juvenile session 
superior court. 



Certain pro- 
visions of law 
to apply. 



Care of child 
held for 
examination. 



May be 
committed to 
jail in certain 
cases. 



Authority of 

probation 

officer. 



1906, 413, § 0, 
amended. 



but shall be held in a session set apart and devoted for the 
time being exclusively to the trial of juvenile cases. This 
shall be known as the juvenile session of the superior court, 
and shall have a separate trial list and docket. All juvenile 
appeal cases in the superior court shall be transferred to 
this list, and shall be tried, unless otherwise disposed of 
by direct order of the court. In any appeal case the superior 
court before passing sentence or before ordering other dis- 
position shall be supplied with a report of any investiga- 
tion thereon made by the probation officer of the court 
from which the appeal w'as taken. The provisions of section 
thirty-four of chapter two hundred and seventeen, and of 
section twenty-two of chapter two hundred and nineteen 
of the Revised Laws, relative to recognizances in cases con- 
tinued or appealed, shall be applicable in cases arising under 
this act. 

A child under fourteen years of age, wdio has been held 
for examination or trial, or to prosecute an appeal to the 
superior court, if unable to furnish bail, shall be committed 
to the care of the state board of charity or of a probation 
officer. The person to whose care it is so committed shall 
provide for its safe keeping and for its appearance at its 
examination or trial, or at the prosecution of its appeal. 

A child fourteen or more years of age, so held, if unable 
to furnish bail shall be so committed to a probation officer, 
unless the court, upon immediate inquiry, shall be of opinion 
that, if so committed, such child will not appear at such 
examination or trial, in which case said child may be com- 
mitted to jail. 

Said probation officer shall have all the authority, rights 
and powers, in relation to a child committed to his care 
under this section, and in relation to a child released to him, 
as provided in section three, which he would have if he were 
surety upon the recognizance of such a child. 

Section 2. Section six of said chapter four hundred and 
thirteen is hereby amended by striking out all after the 
word "kept", in the fifth line, down to and including the 
word "trials", in the seventh line, and inserting in place 
thereof the following : — Said session shall be separate from 
that for the trial of criminal cases, shall not be held in con- 
junction with other business of the court, and shall be held 
in rooms not used for criminal trials; and in places where 
no separate juvenile court room is provided the hearings, 
so far as possible, shall be held in chambers, — and by 



General Acts, 1916. — Chap. 243. 225 

adding at the end of the section, the words: — and the 
court shall have power to exclude the general public from 
the room, admitting only such persons as may have a direct 
interest in the case, — so as to read as follows: — (Sec- Court to 
tion 6. Courts shall designate suitable times for the hearing foThearing^^ 
of cases of juvenile offenders, and wayward or delinquent ®*°' 
children, which shall be called the session for children, for 
which a separate docket and record shall be kept. Said 
session shall be separate from that for the trial of criminal 
cases, shall not be held in conjunction with other business 
of the court, and shall be held in rooms not used for criminal 
trials; and in places where no separate juvenile court room 
is provided the hearings, so far as possible, shall be held in 
chambers. No minor shall be allowed to be present at any session to be 
such hearing unless his presence is necessary, either as a p"^^*®'^*°- 
party or as a witness, or, in the opinion of the court, in the 
interests of justice; and the court shall have power to 
exclude the general public from the room, admitting only 
such persons as may have a direct interest in the case. 

Section 3. Section eight of said chapter four hundred ^^g'^^^^j ^ ^' 
and thirteen is hereby amended by inserting after the word 
"girls", in line twenty-four, the following: — until dis- 
charged by the trustees of the school, but not for a longer 
period than, — and also by inserting after the word "years", 
in the twenty-fifth line, the words: — ; but nothing in this 
act shall affect or abridge the powers of said trustees to 
parole, — so as to read as follows : — Section 8. At the hear- Court to 
ing of a complaint against a child the court shall examine casS.'etc. 
such child, and any witnesses that appear, and take such 
testimony relative to the case as shall be produced. If the 
allegations against a child are proved, it may be adjudged 
a wayward or delinquent child, as the case may be. 

If a child is adjudged a wayward child, the court may wa>T\'ard 
place it in the care of a probation officer for such time and phiced"in^care 
upon such conditions as may seem proper, or may deal offi^e°'^^*'^°° 
w^th it in the manner provided by law for the disposal of 
the case of a neglected child. 

If a child is adjudged a delinquent child, the court may Careof 
place the case on file, or may place the child in the care of chiid?efc°* 
a probation officer for such time and on such conditions as 
may seem proper. If it is alleged in the complaint upon 
which the child is so adjudged, that a law of the common- 
wealth has been violated, the court may, with the consent 
of the state board of charity, authorize said board to take 



226 



General Acts, 1916. — Chap. 243. 



Parole, etc. 



May be com- 
mitted to 
institution. 



1906, 413, § 13, 
amended. 



Parent of child 
may be pun- 
ished, etc. 



Releases on 
probation, etc. 



and indenture such child, or place it in charge of any person, 
and if at any time thereafter such child proves unmanage- 
able, to commit such child, if a boy under fifteen years of 
age, to the Lyman school for boys, or if a girl under seven- 
teen years of age, to the state industrial school for girls, 
until discharged by the trustees of the school, but not for a 
longer period than until such child attains the age of twenty- 
one years; but nothing in this act shall affect or abridge 
the powers of said trustees to parole. Said board may 
provide for the maintenance, in whole or in part, of any 
child so indentured or placed in charge of any person. 

The court shall also have power to commit such delin- 
quent child to any institution to which it might be com- 
mitted upon a conviction for such violation of law, except- 
ing a jail or house of correction, and all laws applicable to 
a boy or girl committed upon such a conviction shall apply 
to a delinquent child committed under this section. 

Section 4. Said chapter four hundred and thirteen is 
hereby further amended by striking out section thirteen and 
inserting in place thereof the following: — Section 13. Any 
parent or guardian or person having the custody or control 
of a wayward or delinquent child, as defined by this act, 
who shall be found to have knowingly or willfully encouraged, 
aided, caused or abetted, or connived at, or has knowingly 
or wilfully done any act or acts to produce, promote or con- 
tribute to the delinquency or waywardness of such child 
shall be guilty of a misdemeanor, and may be punished by 
a fine of not more than fifty dollars or by imprisonment for 
not more than six months. The court, however, may re- 
lease on probation under the provisions of section eighty- 
four of chapter two hundred and seventeen of the Revised 
Laws, as amended by chapter eight of the acts of the year 
nineteen hundred and eleven, subject to such orders as it 
may make as to future conduct tending to produce or con- 
tribute to such delinquency or waywardness, or it may 
suspend sentence under the provisions of section one of 
chapter two hundred and twenty of the Revised Laws, as 
amended by chapter six hundred and fifty-three of the acts 
of the year nineteen hundred and thirteen, or before trial, 
with the defendant's consent, it may allow the defendant 
to enter into a recognizance, in such penal sum as the court 
may fix, conditioned to comply with such terms as the 
court may order for the promotion of the future welfare of 
the child, ^nd the said case may then be placed on file. The 



General Acts, 1916. — Chap. 244. 227 

provisions for appeal and recognizance stated in section 
five of this act shall be applicable to cases arising under this 
section. The Boston juvenile court shall have jurisdiction, Boston juvenile 
concurrent with the municipal court of the city of Boston, concurr°enr^ 
of complaints under this section. jurisdiction. 

Section 5. This act shall take effect upon its passage. 

Ayyroved May 22, 1916, 



An Act to ai-thorize the pltblic service commission QJkuj 244 
TO order street railway comp.\nies to build reason- 

ABLE extensions OF THEIR LINES. 

Be it enacted, etc., as follows: 

Section twentv-three of chapter seven hundred and ^^^^' l^S § 23, 
eighty-four of the acts of the year nineteen hundred and 
thirteen is hereby amended by inserting after the word 
"hearing", in the twelfth line, the words: — to order any 
street railway company to build and operate anj' just and 
reasonable extensions of its lines for which it may have or 
may be granted locations and, — so as to read as follows: 
— Section 23. Whenever the commission shall be of opinion, Public servi( 
after a hearing had upon its own motion or upon complaint, w"'^^'°°' 



amended. 



ings upon 

that the regulations, practices, equipment, appliances or service, etc. 
service of any common carrier, now or hereafter subject to 
its jurisdiction, are unjust, unreasonable, unsafe, improper 
or inadequate, the commission shall determine the just, 
reasonable, safe, adequate and proper regulations and prac- 
tices, thereafter to be in force and to be observed, and the 
equipment, appliances and service thereafter to be used and 
shall fix and prescribe the same by order to be served upon 
every common carrier to be bound thereby. The commission May order 
shall have power after such a hearing, to order any street companTe^fo 
railway company to build and operate anv just and reason- ^."/''^ reason- 

., . r>. !• (. ^ ' 1 ^ able extensions 

able extensions or its lines for which it may have or may of their lines. 
be granted locations and to order from time to time that a 
railroad company shall operate its lines, of standard gauge, 
or such parts thereof as the commission shall prescribe, by 
electric power instead of by steam power, and in its order 
shall prescribe the time within which the work of electrifica- 
tion shall be done. Before making such order, the com- 
mission shall consider the relative importance and necessity 
of the changes in any specific regulations, practices, equip- 
ment and appliances proposed to be included therein and 



228 



General Acts, 1916. — Chap. 245. 



Orders of com- 
mission to be 
obeyed, etc. 



of other changes which may be brought to its attention in 
the course of the hearing, the financial abihty of the carrier 
to comply with the requirements of the order, and the effect 
of the carrier's compliance therewith, upon its financial 
ability to make such other changes, if any, as may be deemed 
by the commission of equal or greater importance and 
necessity in the performance of the service which the carrier 
has professed to render to the public. It shall be the duty 
of every such common carrier to observe and obey every 
requirement of every such order so served upon it, and to 
do everything necessary or proper in order to secure absolute 
compliance with and observance of every such order by all 
its officers, agents and employees. 

A'piwoved May 23, 1916. 



Metropolitan 
park com- 
mission to 
provide better 
highway ap- 
proach to 
Boston em- 
bankment of 
Charles river 
basin. 



Chap.24i5 An Act to authorize the metropolitan park commis- 
sion TO PROVIDE A BETTER HIGHWAY APPROACH TO THE 
boston EMBANKMENT ON THE CHARLES RIVER BASIN. 

Be it eiiaded, etc., as foUoics: 

Section 1 . The metropolitan park commission is hereby 
authorized to acquire, by taking or otherwise, land for the 
widening of Otter street between Beacon street and Back 
street, so-called, and the Boston Embankment in the city 
of Boston, and to that end to exercise all the powers con- 
ferred upon said board by chapter four hundred and seven 
of the acts of the year eighteen hundred and ninety-three, 
and by chapter five hundred and twenty-four of the acts of 
the year nineteen hundred and nine, and by acts in amend- 
ment thereof and in addition thereto. The cost of ac- 
quiring the land for and of constructing the said street so 
widened shall be paid from any funds available for the con- 
struction and completion of said basin. The land acquired 
under this act shall form a part of the Charles River Basin 
as defined by chapter five hundred and twenty-four of the 
acts of the year nineteen hundred and nine. 

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

Approved May 24, 1916. 



General Acts, 1916. — Chaps. 246, 247, 248. 229 



An Act relative to the salary of ellen mudge Chap. 246 

BURRILL AS CASHIER IN THE DEPARTMENT OF THE 
SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows: 

Section 1. The salary of Ellen Mudge Burrill as cashier Salary of 
in the department of the sergeant-at-arms shall be fourteen Burriii 

1 1 1 1 11 established. 

hundred dollars a year. 

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

Approved May 24, 1916. 



An Act relative to the time of electing senators in Chap. 247 

CONGRESS. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and seventy-seven of ^^i^-^^^^^^ ^ 2-7. 
chapter eight hundred and thirty-five of the acts of the 
year nineteen hundred and thirteen is hereby amended by 
inserting after the word "electors", in the eighth line, the 
words : — and senators in congress, — so as to read as 
follows : — Section 277. The annual state election for the Annual state 
choice of governor, lieutenant governor, councillors, secre- officers'^ to *'^''' 
tary, treasurer and receiver general, attorney-general, be chosen, 
auditor of the commonwealth, and senators and repre- 
sentatives in the general court, shall be held on the Tuesday 
next after the first Monday in November. There shall 
also be chosen at the annual state election, when required 
by law, presidential electors, and senators in congress, and, 
in their respective districts or counties, representatives in 
congress, district attorneys, clerks of the courts, registers 
of probate and insolvency, registers of deeds, county com- 
missioners, associate commissioners, sheriffs and county 
treasurers. 

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

Approved May 24, 1916. 



Chap.24S 



An Act relative to the reports of the attorney- 
general. 

Be it enacted, etc., as follows: 

Section 1 . Section eight of chapter seven of the Revised ^c.^'amelded. 
Laws, as amended by chapter five hundred and eighty-six 
of the acts of the year nineteen hundred and eight, is hereby 



230 



General Acts, 1916. — Chaps. 249, 250. 



Annual report 
of the attor- 
ney-general. 



Reports of 
capital trials. 



further amended by inserting before the word "cases", in 
the second line, the words : — number of, — so as to read as 
follows: — Section 8. He shall annually report to the 
general court the number of cases tried, argued or conducted 
by him during the preceding year, with suggestions and 
recommendations as to the amendment and the proper and 
economical administration of the laws. He shall include 
therein a statement of his acts under the preceding section 
with suggestions and recommendations relative thereto. 
He may, with the approval of the governor and council, 
prepare and publish such reports of capital trials as he 
deems expedient for public use. One copy shall be sent to 
each public and law library in the commonwealth, and the 
balance may be sold, or otherwise disposed of, at the dis- 
cretion of the secretary of the commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved May 2J^, 1916. 



Chap. 249 An Act to authorize the board of prison commis- 
sioners TO employ an additional woman agent. 

Be it enacted, etc., as follows: 

Section 1. The board of prison commissioners is hereby 
authorized to employ an additional woman agent, at a 
salary of one thousand dollars a year. 

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

Approved May 24, 1916. 



Board of prison 
commissioners 
may employ 
additional 
woman agent. 



Chap. 250 An Act to provide for the completion of the state 

house grounds. 

Be it enacted, etc., as follows: 

state house Section 1. For tlic purposc of completing the state 

commission to , i,i,,i •• iii i 

complete state housc grouuds, the statc house commission shall purchase 
house grounds. ^^ ^^^^ .^ ^^^ simplc, iu 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. Beacon street, and a line between the estates of 
the Massachusetts Society for the Prevention of Cruelty 
to Animals and William Endicott, between Beacon street 
and Joy place; and the provisions of chapter two hundred 
and sixty-two of the acts of the year eighteen hundred and 
eighty-two, relating to the manner of taking and the esti- 



with state art 
commission. 



General Acts, 1916. — Chap. 250. 231 

matlon and payment of damages shall apply to the taking 
under this act. The said commission shall cause to be 
removed all the buildings now standing on said property, 
and shall cause to be prepared plans for the completion of 
the state house grounds, covering both the lands so taken 
and adjoining land of the commonwealth. The commission To consult 
is directed to consult with, and to obtain the co-operation 
of, the state art commission, in the preparation of the said 
plans, and to report the same, with the estimates thereon, 
to the next general court not later than the second Wednes- 
day in January, with such recommendations as it may 
deem advisable. 

Section 2. The said commission is hereby authorized J^n^r™ts.° 
to make on behalf of the commonwealth all contracts for the 
doing of said work: provided, that all work shall be done by Proviso. 
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, Spring- 
field, Fall River, Lowell and Lawrence. All contracts shall 
be approved by the governor and council. The work of re- work to begin 
moval of the old buildings and the doing of the work 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 Bond issue. 
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 scrip to an 
amount not exceeding seven hundred thousand dollars. 
The said bonds or scrip shall be issued upon the serial pay- 
ment plan from time to time as may be necessar^^, 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 treas- 
urer and receiver general with the approval of the governor 
and council, to be for the best interests of the common- 
wealth. 

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

Approved May 24, 1916. 



232 



General Acts, 1916. — Chaps. 251; 252. 



Discharge and 
substitution of 
bonds given 
to the com- 
monwealth. 



Chap. 251 An Act relative to the discharge and substitution 

OF BONDS given TO THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Bonds or other security given to the com- 
monwealth to secure the performance of contracts for the 
construction or repair of pubhc buildings or other public 
works, or given in accordance with section seventy-seven of 
chapter six of the Revised Laws, may be discharged or re- 
leased by the governor, with the advice and consent of the 
council, upon such terms as may be deemed expedient, 
after the expiration of sixty-five days from the time of the 
completion of the work contracted to be done: provided, 
that no claim filed under the provisions of section seventy- 
seven of chapter six of the Revised Laws is pending; and 
new bonds or other security in substitution therefor may be 
taken by the governor, with like advice and consent. 

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

Approved May 24, 1916. 



Proviso. 



1910, 624. § 1, 
amended. 



Chap. 252 An Act to authorize the appointment of town clerks 

AS TOWN ACCOUNTANTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and 
twenty-four of the acts of the year nineteen hundred and 
ten is hereby amended by adding at the end thereof the 
words : — provided, however, that the town clerk, if he holds 
no office involving the receipt or disbursement of money 
other than the office of town clerk, may be appointed town 
accountant, — so as to read as follows: — Section 1. Any 
town, at a town meeting lawfully called for the purpose, 
may authorize the selectmen to appoint a town accountant 
and he shall perform all of the duties and possess all of the 
powers of town auditors as defined in sections seventy-nine 
and eighty of chapter twenty-five of the Revised Laws and 
chapter three hundred and twenty-two of the acts of the 
year nineteen hundred and four. In towns authorizing the 
appointment of a town accountant as aforesaid the office of 
town auditor may, if the town so vote, be abolished. The 
appointment of the town accountant shall be subject to 
the provisions of chapter nineteen of the Revised Laws and 
the rules thereunder, provided that said chapter has been 



Appointment 
of town 
accountants 
by selectmen. 



General Acts, 1916. — Chap. 253. 233 

accepted by said town. The town accountant shall be sworn To be sworn, 
to the faithful performance of his duties, shall hold no other ^^' 
town office involving the receipt or disbursement of money, 
shall receive such salary as the town shall vote and shall 
hold office for three years and until his successor has been 
appointed and has qualified: proMed, however, that the Proviso, 
town clerk, if he holds no office involving the receipt or dis- 
bursement of money other than the office of town clerk, may 
be appointed town accountant. 
Section 2. This act shall take efi'ect upon its passage. 

Approved May 24, 1916. 



Chap.25S 



An Act to provide for widening and deepening the 
channel in the mystic river. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and '^^'^^^g^j ^ i. 
fifty-five of the acts of the year nineteen hundred and four- 
teen is hereby amended by striking out the words "from a 
point opposite Island End river to a point near Waterman's 
wharf, so-called: 'provided, that the directors are satisfied 
that the owners or lessees of the said wharf will build a 
terminal of proper proportions and capacity for use by 
ocean going steamers ", in the third to the eighth lines, in- 
clusive, so as to read as follows: — Section 1. The directors Directors of 
of the port of Boston are hereby authorized and directed to may wid°n*^°° 
extend, deepen and improve the present channel in the channel m" 
INJystic river. For this purpose a sum not exceeding seventy- Cystic river. 
five thousand dollars may be expended from the loan pro- 
vided by section seventeen of chapter seven hundred and 
forty-eight of the acts of the year nineteen hundred and 
eleven. 

Section 2. There is hereby appropriated, to be paid out Appropriation, 
of the principal of the Harbor Compensation Fund, as 
established by section twenty-three of chapter ninety-six 
of the Revised Laws, a sum not exceeding two hundred 
thousand dollars, to be expended under the direction of 
the directors of the port of Boston for widening, deepening 
and extending the channel in the IMystic river between the 
Chelsea and Maiden bridges, so-called. 

Section 3. This act shall take effect upon its passage. 

Approved May 24, 1916. 



234 General Acts, 1916.— Chaps. 254, 255, 256, 257. 



Chap. 254: An Act to establish the salaries of the helpers in 

THE engineer's DEPARTMENT IN THE STATE HOUSE. 

Be it enacted, etc., as follows: 

heipe'rTin^ Section 1. The Salaries of the helpers in the engineer's 

engineer's department in the state house shall be nine hundred dollars 

department at ^ 

state house a year. 

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

Approved May 21^, 1916. 

Chap. 255 An Act to establish the salaries of the firemen em- 
ployed IN THE STATE HOUSE. 

Be it enacted, etc., as follows: 

Salaries of SECTION 1. The firemen employed in the state house 

firemen em- i n i • i • in i n 

ployed in state shall DC paid nineteen dollars and twentv-nve cents per 

house estab- , .. i 

lished. week. 

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

Approved May 24, 1916. 

Chap.25Q An Act relative to municipal liens for public im- 
provements. 

Be it enacted, etc., as follows: 

to'certLln^" Section 1. Chapter two hundred and twenty-seven of 

municipal liens thc Gcucral Acts of the year nineteen hundred and fifteen, 
being an act relative to municipal liens for public improve- 
ments, is hereby repealed. 
Acta re-enacted. Section 2. All acts and parts of acts, to the extent that 
the same were repealed by said chapter two hundred and 
twenty-seven, are hereby revived and re-enacted. 

Approved May 24, 1916. 

Chap. 257 An Act relative to the retirement system for public 

SCHOOL teachers. 

Be it enacted, etc., as follows: 

^mended ^ ^' Section 1 . Scctioii ouc of chapter eight hundred and 

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

thirteen is hereby amended by striking out paragraph (6) 

"Regular and inserting in place thereof the following: — (6) "Regular 

term'defined. interest" sliall mean interest at the rate determined by 

the retirement board and shall be substantially that which 



General Acts, 1916. — Chap. 258. 235 

is actually earned, which shall be compounded annually 
on the last day of December of each year. 

Section 2. Paragraph (5) of section six of said chapter iflis, 832. } 6, 
eight hundred and thirty-two is hereby amended by striking * 
out the words "regular interest", in the twentieth line, and 
inserting in place thereof the words: — three per cent 
interest compounded annually, — so as to read as follow^s: 
— (5) Any teacher who shall have become a member of the service for 

... iji •• i> 1 which teachers 

retirement association under the provisions oi paragraph may be retired. 
numbered (2) of section three, and who shall have served 
fifteen years or more in the public schools of the common- 
wealth, not less than five of which shall immediately precede 
retirement, shall, on retiring as provided in paragraphs (1) 
and (2) of this section, be entitled to receive a retirement 
allowance as follows: — • (a) such annuity and pension as 
may be due under the provisions of paragraphs numbered 
(3) and (4) of this section; (6) an additional pension to 
such an amount that the sum of this additional pension and 
the pension provided in paragraph (4) of this section shall 
equal the pension to which he would have been entitled 
under the provisions of this act if he had paid thirty assess- 
ments on his average yearly wage for the fifteen years pre- 
ceding his retirement and at the rate in effect at the time of 
his retirement: provided, (1) that if his term of service in Provisos, 
the commonwealth shall have been over thirty years the 
thirty assessments shall be reckoned as having begun at 
the time of his entering service and as drawing three per 
cent interest compounded annually until the time of re- 
tirement; and further provided, (2) that if the sum of such 
additional pension together with the annuity and pension 
provided for by paragraphs numbered (.3) and (4) of this 
section is less than three hundred dollars in anj'^ one year, 
an additional sum sufficient to make an annual retirement 
allowance of three hundred dollars shall be paid from the 
pension fund. Approved May 21^, 1916. 

An Act relative to a half holiday for laborers and (JJiq^jj 258 
mechanics of the metropolitan water and sewer- 
age board and the metropolitan park commission. 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and twenty-eight of i?i2, 528, § i. 
the acts of the year nineteen hundred and twelve, as amended 
by chapter four hundred and fifty-five of the acts of the 



236 



General Acts, 1916. — Chaps. 259, 260. 



Half holiday 
for laborers, 
etc., of metro- 
politan water 
and sewerage 
board and met- 
ropolitan park 
commission. 



year nineteen hundred and fourteen, is hereby further 
amended by striking out the word "permanent", in the 
first and thirteenth Hues, respectively; and also by striking 
out the words "during the months of April, May, June, 
July, August and September", in the seventh and eighth 
lines, so as to read as follows: — Section 1. Laborers 
and mechanics in the service of the metropolitan water and 
sewerage board or the metropolitan park commission, except 
those employed in the pumping stations of the metropolitan 
water and sewerage board and at the bath houses under the 
control of the metropolitan park commission, shall be given 
a half holiday each week without loss of pay, and, if practi- 
cable, the half holiday shall be on Saturday. If, however, 
the public service so requires, the metropolitan park com- 
mission and the metropolitan water and sewerage board 
may at any time during the year give to the laborers and 
mechanics in their service, in lieu of the said half holidays, 
days off duty without loss of pay equivalent in time to the 
half holidays which would otherwise be given under this 
act. Approved May 24, 1916. 



Chap. 259 An Act to require notice of certain changes by street 

RAILWAY companies. 

Be it enacted, etc., as follows: 

Section 1. All street railway companies, now existing 
or hereafter established, shall furnish the public with full 
information, by notice posted for seven consecutive days 
prior to the date when the same are to take effect in the 
cars on the lines affected, of any intended change in the 
running of cars, or the discontinuance of any line, or any 
change in the general public service of said companies. 

Section 2. The public service commission shall give 
notice to all such companies of the provisions of section one. 

Section .3. This act shall take effect on the first day of 
July in the year nineteen hundred and sixteen. 

Approved May 24, 19.16. 



Street railway 
companies to 
give notice to 
public of 
certain changes. 



Notice by 
public service 
commission. 

Time of taking 
effect. 



C/iap. 260 An Act relative to the definition of motor cycles. 

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 



1909, 534, § 1, 
etc., amended 



term defined. 



General Acts, 1916. — Chaps. 261, 262. 237 

the year nineteen hundred and fourteen, by section one of 

chapter sixteen and also by chapter ninety-nine of the 

General Acts of the year nineteen hundred and fifteen, is 

hereby further amended by inserting after the word " astride", 

in the third line of the eighth paragraph, the words : — or 

a platform on which he stands, — so that said paragraph 

will read as follows: — "Motor cycle" shall apply only to "Motorcycle," 

motor vehicles having but two wheels in contact with the 

ground, and a saddle on which the driver sits astride, or a 

platform on which he stands, 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. A-p'proved May 24, 1916. 

An Act relative to the salaries of the justice, clerk (Jjidj) 261 

AND assistant CLERK OF THE MUNICIPAL COURT OF THE 
SOUTH BOSTON DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The salaries of the justice and clerk of the Salaries of 
municipal court of the South Boston district of the city of of South 
Boston, and of an assistant clerk of said court to be ap- ?r?ct wul-t'es- 
pointed under the provisions of section eleven of chapter ta^iished. 
one hundred and sixty of the Revised Laws, as amended 
by chapter two hundred and eighty-nine of the acts of the 
year nineteen hundred and eight, shall be as follows : — 
justice, three thousand two hundred dollars; clerk, two 
thousand dollars; assistant clerk, fifteen hundred dollars. 

Section 2. This act shall take effect upon its acceptance Act to be 
by the city council of the city of Boston, with the approval city"iouncii,° 
of the mayor. Approved May 24, 1916. ^^''■ 

An Act relative to the salaries of the clerk and njid^ 262 

FIRST ASSISTANT CLERK OF THE MUNICIPAL COURT OF 
THE ROXBURY DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The annual salaries of the clerk and first Salaries of 
assistant clerk of the municipal court of the Roxbury district assistant 
of the city of Boston, shall be as follows: — clerk, three Roxbury dis- 
thousand dollars; first assistant clerk, two thousand dollars. estabuXd. 

Section 2. This act shall take effect upon its acceptance Act to be 
by the city council of the city of Boston, with the approval city^ouncii," 
of the mayor. Approved May 24, 1916. ^*''- 



238 



General Acts, 1916. — Chaps. 263, 264, 265. 



Chap. 263 An Act relative to the salary of the justice of the 

MUNICIPAL court OF THE ROXBURY DISTRICT OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: " 

Section 1. The annual salary of the justice of the 
municipal court of the Roxbury district of the city of Boston 
shall be four thousand five hundred dollars. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Boston, with the approval 
of the mayor. Approved May 24, 1916. 



Salary of 
justice of 
Roxbury dis- 
trict court es- 
tablished. 

Act to be 
submitted to 
city council, 
etc. 



Chap.2Q4: An Act to provide that the second assistant register 

OF PROBATE AND INSOLVENCY FOR THE COUNTY OF MIDDLE- 
SEX MAY BE A WOMAN. 

Be it enacted, etc., as follows: 

Section 1. The second assistant register of probate and 

insolvency for the county of Middlesex may be a woman. 

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

Approved May 25, 1916. 



Second 
assistant 
register of 
probate for 
Middlesex 
county may be 
a woman. 



Chap.2Q5 An Act relative to the protection of the public 

HEALTH IN THE VALLEY OF THE NEPONSET RIVER. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter six hundred and 
fifty-five of the acts of the year nineteen hundred and eleven 
is hereby amended by striking out the said section and in- 
serting in place thereof the following : — Section 4- The 
said board shall make return to the treasurer of the com- 
monwealth, and to the assessors of the towns hereinafter 
named, schedules and plans showing the parcels of land 
benefited by the work done or changes made under this 
act, the areas of said parcels and the names of the owners 
or occupants thereof so far as they can be ascertained, to- 
gether with the amount of the benefits accruing to each of 
said parcels; but the return to the assessors of any town 
need only contain the above information so far as it relates 
to that town. 

Section 2. Section seven of said chapter six hundred 
and fifty-five is hereby amended by inserting after the word 



1911. 655, § 4, 
amended. 



Returns made 
in connection 
with protection 
of public 
health in valley 
of Neponset 
river. 



1911, 655, § 7, 
amended. 



General Acts, 1916. — Chap. 265. 239 

"received", in the fifth and sixth Hnes, the words: — as 
determined under the provisions of section four or other- 
wise, — so as to read as follows : — Section 7. The assessors Apportionment 
of each of said towns and of said city shall annually divide 
and apportion the sum which their respective municipalities 
are required to pay upon the land benefited as hereinbefore 
provided, during each of the said ten years, in proportion 
to the benefit received, as determined under the provisions 
of section four or otherwise, but no apportionment shall be 
made that exceeds the special benefit received by the estate 
assessed; and the said apportionment shall be added to 
the tax assessed upon said lands, and shall constitute a lien 
thereon to the same extent and for the same time that 
taxes assessed are now a lien upon land assessed; and the 
payment thereof shall be enforced in the manner provided by 
law for the collection of ordinary taxes. Any land, the Saieofiand 

.pi-1 IjIi h ■ for taxes, own- 

owners or occupants oi which appear by the board s return era of which 
to be unknown, if the owners or occupants are unknown '^'"'^ "°''"°'*'°- 
to the assessors in the town or city where said land is situated, 
shall be taxed to unknown owners, and shall be a valid tax 
for the non-payment of which the land may be sold in the 
same manner that land may now be sold for the non-pay- 
ment of taxes. Any person or corporation assessed for Abatement 
taxes under this act may apply for an abatement thereof, 
and shall have the rights and be subject to the liabilities 
pertaining to persons and corporations taxed under the 
laws of the commonwealth. 

Section 3. In addition to the sums already authorized Additional 
to be expended by chapter six hundred and fifty-five of the 
acts of the year nineteen hundred and eleven, and acts in 
amendment thereof or in addition thereto, the further sum 
of five thousand dollars may be expended under the direc- 
tion of the state department of health for the purpose of 
carrying out the provisions of this act, said sum of five 
thousand dollars to be in addition to any unexpended balance 
of previous appropriations for the protection of the public 
health in the valley of the Neponset river. 

The expense incurred under this act shall be paid and 1^^^^°^ 
repaid in accordance with the provisions of section five of 
said chapter six hundred and fifty-five. 

To meet that part of the expense incurred under this act Bond issue. 
for which the commonwealth shall be chargeable, the treas- 
urer and receiver general is hereby authorized to issue bonds 
or certificates of indebtedness in accordance with the pro- 



240 General Acts, 1916. — Chap. 266. 

visions of section nine of said chapter six hundred and 
fifty-five, to an amount not exceeding two thousand five 
hundred dollars, the same to be in addition to the bonds or 
certificates issued under chapter ninety-one of the resolves 
of the year nineteen hundred and thirteen, chapter one 
hundred and forty-three of the resolves of the year nineteen 
hundred and fourteen, and chapter ninety-three of the 
resolves of the year nineteen hundred and fifteen, the total 
amount of bonds or certificates now to be issued and hereto- 
fore authorized and issued being one hundred and five 
thousand five hundred dollars. The remaining one half of 
the expense incurred hereunder, in addition to the one half 
of the expense incurred under the provisions of the acts and 
resolves hereinbefore mentioned, shall be apportioned and 
repaid to the commonwealth as provided in said chapter 
six hundred and fifty-five of the acts of the year nineteen 
hundred and eleven. 
Section 4. This act shall take effect upon its passage. 

Approved May 25, 1916. 

Chap.26Q An Act relative to the use of trolleyimotors on 

PUBLIC WAYS. 

Be it enacted, etc., as follows: 
Use of trolley- Section 1. Any corporatiou organized as hereinafter 

motors on »/ x o 

public ways provldcd, thc Massachusetts Highway Service Company, 
a corporation organized under the laws of this common- 
wealth, and any street railway company organized under said 
laws, may, as hereinafter provided, transport for hire passen- 
gers, freight, express parcels and mail over public ways or 
over private lands with the consent of the owners thereof 
by the system known as trolleymotor or trackless trolley, 
and may build, equip, operate and maintain vehicles for 
such transportation, and may establish and maintain power 
. houses, poles, wires, conduits, or other structures within the 
limits of and over or under such public or private ways for 
the generation and transmission of electricity for the opera- 
tion of such vehicles, and the authorities having jurisdiction 
over such public ways may grant permits for the operation 
of the said vehicles over such ways, and for the erection of 
poles, wires and other necessary structures within or over 
or under such public ways in the manner and to the extent 
now provided by law for the granting of locations to street 
railway companies. 



General Acts, 1916. — Chap. 266. 241 

Section 2. Fiv^ or more persons may associate them- incorporation 
selves by written agreement of association with the intention moVor or' 
of forming a trolleymotor or trackless trolley company. companLs™"^^ 

Section 3. The agreement of association shall state: Agreement of 

(a) That the subscribers thereto associate themselves ^^^'^^ '°"- 
with the intention of forming a trolleymotor or trackless 
trolley company; 

(b) The corporate name assumed, which shall be one 
not in use by any other trolleymotor or trackless trolley 
company, or by any street railway company, or, in the judg- 
ment of the public service commission, so similar thereto as 
to be likely to be mistaken for it, and shall contain words 
indicating the object of the company; 

(c) The termini of the proposed route; 

(d) The length of the proposed route as nearly as may 
be; 

(e) The name of each county, city and town in which the 
proposed route is to be situated; 

(f) The total amount of the capital stock of the com- 
pany, which shall not be less than two thousand dollars for 
each mile, nor in any event less than twenty thousand 
dollars; 

(g) The par value of the shares, which shall be one 
hundred dollars; 

(h) The names and residences of at least five persons, 
who shall be subscribers to the agreement of association, to 
act as directors until others are chosen and qualify in their 
stead. Each associate shall subscribe to the agreement of 
association his name, residence, post office address, and the 
number of shares of stock which he agrees to take, but no 
subscriber shall be bound to pay more than ten per cent of 
the amount of his subscription unless the company is in- 
corporated. 

Section 4. Except as is otherwise provided herein, cor- ceneraiiawa 
porations organized under this act shall be organized in frreerralfway 
accordance with the general laws governing the organization tHppry''^ 
of street railway companies so far as the same may be appli- 
cable and not inconsistent with the provisions of this act. 

Section 5. Every corporation undertaking to perform Corporation 
in public ways the kind of public service authorized by this J^ermit!"'"'^*' 
act shall first procure a permit from the authorities having 
jurisdiction over such public ways in the manner prescribed 
and in accordance with section seven of Part III of chapter 
four hundred and sixty-three of the acts of the year nineteen 



242 



General Acts, 1916. — Chap. 266. 



Proviso. 



hundred and six and acts in amendment thereof and in 
addition thereto, and the granting of such permit shall be 
subject to the approval of the public service commission as 
provided in said section for the location of street railways. 
No such approval shall be given for any line any part of 
which, in the opinion of the public service commission is 
so nearly contiguous or adjacent to the line of a street rail- 
way company that its construction would result in a com- 
petitive service injurious to the public and to such street 
railway company: provided, that the latter is ready and 
willing and offers to construct and does construct, within 
such reasonable time as may be fixed by the public service 
commission, a line or lines of street railway or a line or lines 
of trolleymotor or trackless trolley in the public way de- 
scribed in the petition, which, in the opinion of the public 
service commission, will serve the public as well as would the 
proposed trackless trolley line described in the petition; and 
no such approval shall be granted in any event if the public 
service commission shall be of the opinion that the granting 
of the same would be unduly injurious to any street railway 
or trackless trolley line covering the same or substantially 
the same territory. 

Section 6. Every corporation undertaking to perform 
the kind of public service authorized by this act shall there- 
upon become a common carrier, with all the duties and lia- 
bilities of common carriers, and the public service commis- 
sion shall have the same jurisdiction over the operation 
and the service rendered that it now has over street railway 
companies, except that no corporation shall be required, 
without its consent, to extend its trackless trolley service 
beyond that described in its petition or petitions under 
section five or in its offer to the public service commission 
under said section, and the public service commission shall 
have authority to permit the suspension or curtailment in 
whole or in part of the trackless trolley service of any cor- 
poration operating under authority of this act whenever, by 
reason of weather or traffic conditions, or of the condition of 
the highways, or the season of the year, such suspension or 
curtailment may be desirable for the safety of the travelling 
public or to avoid loss in operation. 

Section 7. Every corporation doing business under this 
governing street act shall bc subjcct to tlic provisious of the general laws now 
companies. or hereafter in force governing street railway companies in 
respect to the future issue of stocks and bonds, consolida- 



To become 

common 

carrier. 



To be subject 
to laws 



General Acts, 1916. — Chap. 267. 243 

tion, leases, revocation of permits and locations; and shall 
also, be subject to the same regulation and supervision, and 
shall file with the public service commission the same re- 
ports and information, required of street railway companies, 
so far as such regulation, supervision and requirements are 
applicable to corporations doing business hereunder and 
are not inconsistent with the provisions hereof. 

Section 8. The right of any corporation to erect poles, Time limit 

1 ,t ■,. . 1 ..1 ., upon erection 

Wires and other appliances m accordance with any permit of poles, etc. 
granted under section five, and to operate trackless trolley 
vehicles upon the line designated in such permit, shall cease 
as to so much thereof as shall not be in operation within 
two years after the date of approval by the public service 
commission, or within such extension of said period of two 
years as the commission may, after a hearing, grant. 

Section 9. Any corporation doing business under this May purchase 

electricity 

act may purchase electricity from any person, firm or cor- 
poration engaged in the manufacture or distribution of the 
same, from any street railway compan}^ or from any city 
or town engaged in the manufacture or distribution of 
electricity, on such terms and conditions as may be approved 
by the public service commission, and, with like approval, 
may make contracts with any corporation already having 
poles, wires, conduits or other structures or appliances 
within the limits of public ways or on private lands for the 
purchase or for the use of such poles, wires, conduits or 
other structures. 

Section 10. Any corporation doing business under this Real and 

, 1 11111 iiiij_ personal estate. 

act may purchase and hold such personal and real estate as 

may be necessary or convenient for the operation of its lines. 

Section 11. This act shall take effect upon its passage. 

Approved May 25, 1916. 



An Act relative to the compensation of assistant Qhav. 267 

ENGINEERS IN THE STATE HOUSE. 

Be it enacted, etc., as follows: 

Section 1. The compensation of the assistant engineers Compensation 
employed in the state house shall hereafter be fourteen en^neers'^l 
hundred dollars a year. ^ f^mZl 

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

Approved May 26, 1916. 



244 



General Acts, 1916. — Chap. 268. 



1907, 563, § 1, 
etc., amended. 



Taxation of 
legacies and 
successions, 
etc. 



Chap. 26S An Act relative to the taxation of legacies and 

SUCCESSIONS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter five hundred and 
sixty-three of the acts of the year nineteen hundred and 
seven, as amended by chapter two hundred and sixty-eight 
of the acts of the year nineteen hundred and nine, codified 
as section one of Part IV of chapter four hundred and ninety 
of the acts of the year nineteen hundred and nine, and further 
amended by section one of chapter five hundred and twenty- 
seven of the acts of the year nineteen hundred and nine, and 
by chapter six hundred and seventy-eight of the acts of the 
year nineteen hundred and twelve, and by chapter four 
hundred and ninety-eight of the acts of the year nineteen 
hundred and thirteen, is hereby further amended by striking 
out the said section and inserting in place thereof the fol- 
lowing: — Section 1. All property within the jurisdiction 
of the commonwealth, corporeal or incorporeal, and any 
interest therein, belonging to inhabitants of the common- 
wealth, and all real estate within the commonwealth, or any 
interest therein, belonging to persons who are not inhabit- 
ants of the commonwealth, which shall pass by will, or by 
the laws regulating intestate succession, or by deed, grant 
or gift, except in cases of a bona fide purchase for full con- 
sideration in money or money's worth, made or intended to 
take effect in possession or enjoyment after the death of the 
grantor or donor, and any beneficial interest therein which 
shall arise or accrue by survivorship in any form of joint 
ownership in which the decedent joint owner contributed 
during his life any part of the property held in such joint 
ownership or of the purchase price thereof, to any person, 
absolutely or in trust, except to or for the use of charitable, 
educational or religious societies or institutions, the prop- 
erty of which is by the laws of this commonwealth exempt 
from taxation or for or upon trust for any charitable purposes, 
to be carried out within this commonwealth, or to or for the 
use of the commonwealth or any city or town within this 
commonwealth for public purposes, shall be subject to a 
tax as follows : — 

Class A. In case such property or interest therein shall 
so pass or any beneficial interest therein shall so accrue to 
or for the benefit of a husband, wife, parent, child, grand- 



Clafls A. 



General Acts, 1916. — Chap. 268. 245 

child, adopted child or adoptive parent of the deceased, the 
tax shall be at the following rates : — 

On its value not exceeding twenty-five thousand dollars, 
at one per cent; 

On the excess of its value over twenty-five thousand 
dollars, and not exceeding fifty thousand dollars, at two per 
cent; 

On the excess of its value over fifty thousand dollars, and 
not exceeding two hundred and fifty thousand dollars, at 
four per cent; 

* On the excess of its value over two hundred and fifty 
thousand dollars, and not exceeding one million dollars, at 
five per cent; and 

On the excess of its value over one million dollars, at six 
per cent. 

Class B. In case such property or interest therein shall ciasaB. 
so pass or any beneficial interest therein shall so accrue to 
or for the benefit of a lineal ancestor or descendant other 
than those included in Class A, a wife or widow of a son, the 
husband of a daughter, or a lineal descendant of an adopted 
child, or a lineal ancestor of an adoptive parent of the de- 
ceased, the tax shall be at the following rates: — 

On its value not exceeding ten thousand dollars, at one 
per cent; 

On the excess of its value over ten thousand dollars, and 
not exceeding twenty-five thousand dollars, at two per cent; 

On the excess of its value over twenty-five thousand 
dollars, and not exceeding fifty thousand dollars, at four 
per cent; 

On the excess of its value over fifty thousand dollars, and 
not exceeding two hundred and fifty thousand dollars, at 
five per cent; 

On the excess of its value over two hundred and fifty 
thousand dollars, and not exceeding one million dollars, at 
six per cent; and 

On the excess of its value over one million dollars, at 
seven per cent. 

Class C. In case such property or interest therein shall ciassc. 
so pass or any beneficial interest therein shall so accrue to 
or for the benefit of a brother, sister, step-child, step-parent, 
half brother, half sister, nephew or niece of the deceased, the 
tax shall be at the following rates: — 

On its value not exceeding ten thousand dollars, at three 
per cent; 



246 General Acts, 1916. — Chap. 268. 

TaxaUon of On the excess of its value over ten thousand dollars, and 

successions, not exceeding twenty-five thousand dollars, at five per cent; 

On the excess of its value over twenty-five thousand 
dollars, and not exceeding fifty thousand dollars, at seven 
per cent; 

On the excess of its value over fifty thousand dollars, and 
not exceeding two hundred and fifty thousand dollars, at 
eight per cent; 

On the excess of its value over two hundred and fifty 
thousand dollars, and not exceeding one million dollars, at 
nine per cent; and 

On the excess of its A'alue over one million dollars, at ten 
per cent. 
Class D. Class D. In case such property or interest therein shall 

so pass or any beneficial interest therein shall so accrue to 
or for the benefit of any person not included in any of the 
foregoing classes, the tax shall be at the following rates: — 

On its value not exceeding ten thousand dollars, at five 
per cent; 

On the excess of its value over ten thousand dollars, and 
not exceeding twenty-five thousand dollars, at six per cent; 

On the excess of its value over twenty-five thousand 
dollars, and not exceeding fifty thousand dollars, at seven 
per cent; 

On the excess of its value over fifty thousand dollars, and 
not exceeding two hundred and fifty thousand dollars, at 
eight per cent; 

On the excess of its value over two hundred and fifty 
thousand dollars, and not exceeding one million dollars, at 
nine per cent; and 

On the excess of its value over one million dollars, at ten 
per cent. 
taxes'!'*^ ^°' Administrators, executors and trustees, grantees or donees 

under conveyances or gifts made during the life of the 
grantor or donor, and persons to whom beneficial interests 
shall accrue by survivorship, shall be liable for such taxes, 
with interest, until the same have been paid; but no prop- 
erty or interest therein, which shall pass or accrue to or for 
the use of a husband, wife, father, mother, child, adopted 
child or adoptive parent of the deceased, unless its value 
exceeds ten thousand dollars, and no other property or 
interest therein, unless its value exceeds one thousand dollars, 
shall be subject to the tax imposed by this act, and no tax 
shall be exacted upon property or interests so passing or 



General Acts, 1916. — Chap. 268. 247 

accruing which shall reduce the value of such property or 
interest below the amount of the above exemptions. All pakfo^tof 
taxes under this act shall be paid out of and chargeable to cap'tai.euj. 
capital and not income, unless otherwise provided in a will 
or codicil, or deed or other instrument creating the grant or 
gift, but nothing herein contained shall affect any right of 
the commonwealth to collect such tax or lien therefor. 

Section 2. Section four of chapter five hundred and ^?0''' ^^^- ^ <• 
Sixty-three oi the acts or the year nmeteen hundred and seven, 
codified as section four of Part IV of chapter four hundred 
and ninety of the acts of the year nineteen hundred and 
nine, as amended by section two of chapter five hundred 
and twenty-seven of the acts of the year nineteen hundred 
and nine, and by section one of chapter one hundred and 
fifty-two of the General Acts of the year nineteen hundred 
and fifteen, is hereby further amended by striking out the 
said section and inserting in place thereof the following: 
— Section 4- Except as hereinafter provided, taxes im- certain taxes, 
posed by the provisions of this act upon property or interests ^ ^^ ^^^^ 
therein, passing by will or by the laws regulating intestate 
succession, 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 of bond 
by the executors, administrators or trustees first appointed. 

If the probate court, acting under the provisions of section Tax payment, 
thirteen of chapter one hundred and forty-one of the Revised ""^p^"^'""- 
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. 

Except as hereinafter provided, taxes imposed by the Taxes on 
provisions of this act upon property or interests therein, p^ng'^by*''" 
passing by deed, grant or gift to take effect in possession or Jhe1i ^y'abie. 
enjoyment after the death of the grantor or donor, or upon 
beneficial interests arising or accruing by survivorship in 
any form of joint ownership shall be payable by the grantee, 
donee or survivor at the expiration of one year after the 
date when his right of possession or enjoyment accrues. In 
all cases where there shall be a grant, gift, 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 
executors, administrators or trustees in office when such 
right of possession accrues, or, if there is no such executor, 



248 



General Acts, 1916. — Chap. 268. 



Remainders, 
liens, etc. 



Repeal. 



Time of taking 
effect. 



administrator or trustee, by the person or persons so en- 
titled 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 be- 
came payable. Property of which a 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 an.y personal 
property after the same has been sold or disposed of for 
value by the executors, administrators or trustees. The 
lien charged by this act upon any real estate or separate 
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 the 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 3. So much of section three of chapter five 
hundred and sixty-three of the acts of the year nineteen 
hundred and seven, codified as section three of Part IV of 
chapter four hundred and ninety of the acts of the year 
nineteen hundred and nine, and amended by chapter five 
hundred and two of the acts of the year nineteen hundred 
and eleven, as was not repealed by section two of chapter 
six hundred and seventy-eight of the acts of the year nine- 
teen hundred and twelve, is hereby repealed. 

Section 4. This act shall take effect upon its passage, 
but it shall apply only to property or interests therein passing 
or accruing upon the death of persons who die subsequently 
to the passage hereof. Property or interests therein passing 
or accruing upon the death of persons dying prior to the 
passage hereof shall remain subject to the laws then in 
force. Approved May 26, 1916. 



General Acts, 1916. — Chap. 269. 249 



An Act to impose a tax upon the income received from Chav.2Q9 

CERTAIN FORMS OF INTANGIBLE PROPERTY AND FROM 
TRADES AND PROFESSIONS. 

Be it enacted, etc., as follows: 

Section 1. There shall be levied in the year nineteen Tax upon 
hundred and seventeen, and in each year thereafter, a tax ievFeT^ 
upon incomes as hereinafter set forth. 

TAXATION OF INCOME DERIVED FROM CERTAIN INTANGIBLES. 

Section 2. Income of the following classes received by Taxation of 
any inhabitant of this commonwealth during the calendar from certain 
year prior to the assessment of the tax shall be taxed at the '" ''°°' 
rate of six per cent per annum: 

(a) Interest from bonds, notes, money at interest and all bonds^etcT 
debts due the person to be taxed, except from: except, etc. 

First: Deposits in any savings bank chartered by this 
commonwealth or in the IVIassachusetts Hospital Life In- 
surance Company, or such of the deposits in the savings 
department of any trust company so chartered as do not 
exceed in amount the limits imposed upon deposits in savings 
banks by section forty-six of chapter five hundred and 
ninety of the acts of the year nineteen hundred and eight, 
and acts in amendment thereof and in addition thereto. 

Second: Bonds of the United States and such bonds, 
notes and certificates of indebtedness of the commonwealth 
and of political subdivisions thereof as are exempt from 
taxation under the provisions of clause fifteen of section 
five of Part I of chapter four hundred and ninety of the acts 
of the year nineteen hundred and nine, and acts in amend- 
ment thereof and in addition thereto. 

Third: Loans secured exclusively by mortgages of real 
estate, taxable as real estate, situated within the common- 
wealth, to an amount not exceeding the assessed value of the 
mortgaged real estate. 

(b) Dividends on shares in all corporations and joint Dividends 

•1 . • 1 1 1 1 i> •'on shares 

stock companies organized under the laws or any state or in corpora- 
nation other than this commonwealth, except national banks except, etc. 
and except such foreign corporations as are subject to a 
tax upon their franchises payable to this commonwealth 
under the provisions of sections forty-three and fifty-two of 
Part III of chapter four hundred and ninety of the acts of 



250 



General Acts, 1916. — Chap. 269. 



Dividends 
on shares in 
certain part- 
nerships, etc., 
except, etc. 



Certain part- 
nerships, etc., 
to pay annual 
tax on certain 
income. 



Certain divi- 
dends subject 
to taxation, 
unless, etc. 



the year nineteen hundred and nine, and acts in amendment 
thereof and in addition thereto. 

(c) Dividends on shares in partnerships, associations or 
trusts, the beneficial interest in which is represented by 
transferable shares, except dividends on shares of the fol- 
lowing: 

First: Partnerships, associations or trusts, which file with 
the tax commissioner the agreement hereinafter provided 
for, and the property of which consists exclusively of one 
or more of the following specified kinds of property, to wit: 
real estate wherever situated and supplies therefor and 
receipts therefrom; stocks of corporations taxable under the 
provisions of sections forty-three and fifty-two of Part III 
of chapter four hundred and ninety of the acts of the year 
nineteen hundred and nine and acts in amendment thereof 
and in addition thereto; bonds, notes, loans secured by 
mortgage of real estate, and certificates of indebtedness, the 
income of which is exempt from taxation under the provisions 
of this section; property the income of which, if any, would 
be taxable under this section if owned by an inhabitant of 
the commonwealth; shares in partnerships, associations or 
trusts, dividends on which are exempt from taxation under 
this section. 

Second : Partnerships, associations or trusts, the beneficial 
interest in which is represented by transferable shares, 
which file such agreement and furnish satisfactory proof to 
the tax commissioner that two thirds, at least, of their 
taxable property is taxed within the commonwealth and that 
the remainder, if taxable, is taxed where it is situated. 

Partnerships, associations or trusts, the dividends on 
shares of which are exempt from taxation under this section, 
shall pay to the tax commissioner annually a tax of six per 
cent of the income derived from any property owned by such 
partnerships, associations or trusts, so far as such income 
would be taxable under this section if received by an in- 
habitant of the commonwealth. 

Dividends on the shares of any partnership, association or 
trust, of the classes designated in paragraphs first and 
second of subsection (c) of this section shall be subject to 
taxation under this section unless the trustees or managers 
of such partnership, association or trust shall file with the 
tax commissioner, in such form as he shall determine, its 
agreement to pay to the commonwealth annually the tax 
imposed by the preceding paragraph and any tax imposed 



General Acts, 1916. — Chap. 269. 251 

by section five of this act. In case of any breach of the Enforcement 
terms of any such agreement, the same may be enforced ag^mlnl 
by information in equity to be brought by the attorney- 
general at the relation of the tax commissioner in the supreme 
judicial court for the county of Suffolk. This remedy shall 
be in addition to all other means of collection provided by 
this act, and to the penalties hereinafter imposed. 

For the purposes of this act any securities of the classes Certain securi- 
designated in this section, held in pledge, or on margin or to b^^roperty 
otherwise, by an agent or broker as security for a debt of "f^p^'Jp'pa'. 
his principal, whether such securities stand in the name of 
the principal or of any other person, shall be deemed to 
be the property of the principal, and the income arising 
therefrom shall be included in the total income of the principal 
under this section. 

No distribution of capital, whether in liquidation or other- Distribution 
wise, shall be taxable as income under this section; but and^ceJ^in 
accumulated profits shall not be regarded as capital under ^^il^ed""^ 
this provision. 

DEDUCTIONS ALLOWED. 

Section 3. From the income taxable under section two Deductions 
of this act the taxpayer may, under the conditions prescribed clltei^'^debts. 
in this section and in section seven, receive a deduction on 
account of interest paid by him during the year on debts of 
the following classes: 

(a) Debts, except those secured by mortgage or pledge of 
real estate or tangible personal property, owed by persons 
engaged in the business of buying, selling, or otherwise 
dealing in intangible personal property, provided that such 
business, if it includes other classes of dealings, does not 
include buying, selling, improving or otherwise dealing in or 
with real estate or buying, selling, manufacturing or other- 
wise dealing in or with tangible personal property. 

(b) Debts owed by other persons, except debts secured 
by such mortgage or pledge and debts on account of which 
the taxpayer is entitled to claim a deduction under sections 
five and six. * 

In determining as hereinafter provided the deduction No deduction. 
authorized in the preceding paragraph, no deduction shall be "" *""^"*"' '^^^^' 
allowed in respect of interest upon any debt belonging to 
either class (a) or class (b) above enumerated which arises 
from loans or open accounts directly or indirectly secured 
by intangible personal property, except to an amount not 
exceeding eighty per cent of the income returned by the 



252 



General Acts, 1916. — Chap. 269. 



Deduc- 
tions, how 
determined, 
filing of 
return, etc. 



Certain deter- 
n)inations to 
be made from 
return, etc. 



Deduction of 
certain part- 
nerships, etc. 



Penalties for 
fraudulent 
return, etc. 



taxpayer for taxation under section two on account of in- 
tangible personal property which secured such loans or open 
accounts. 

The said deduction shall be determined in the following 
manner: 

A taxpayer who claims the benefit of the said deduction 
shall file with the tax commissioner or the income tax as- 
sessor of his district a return, in such form as the tax com- 
missioner shall from time to time prescribe, of his entire 
income from all sources, together with such other informa- 
tion as the tax commissioner may deem necessary for the 
determination of the amount of said deduction. The tax 
commissioner may, in lieu of such return, accept a sworn 
duplicate of the annual return of income made under the 
provisions of the act of congress of the United States, ap- 
proved October third, nineteen hundred and thirteen, and 
acts in amendment thereof and 'in addition thereto; he may 
also, in any case where he shall deem it necessary, require 
the taxpayer to file such a sworn duplicate. 

From the said return and information the tax commis- 
sioner or the income tax assessor shall determine the amount 
of interest paid during the year by the taxpayer on debts of 
classes (a) or (b) above enumerated, for which deduction is 
authorized by this section, which interest for the purpose 
of this section shall be called the net interest. He shall also 
determine the total net income of the taxpayer, exclusive 
of income taxable under section five, as such total net in- 
come would be if no deduction were made for interest paid 
during the year. The taxpayer may deduct from his in- 
come taxable under section two an amount of interest paid 
by him during the year which shall bear the same proportion 
to the net interest paid as his income taxable under section 
two bears to his total net income as above determined. 

A partnership, association or trust, the beneficial interest 
in which is represented by transferable shares, paying to 
the commonwealth a tax upon income subject to taxation 
under section two of this act, as provided in said section, 
may receive the deduction authorized by this section on the 
same terms as an individual inhabitant. 

Any person filing a fraudulent return or giving fraudulent 
information to the tax commissioner or the income tax 
assessor under this section, shall be subject to the penalties 
set forth in section thirteen of this act in the case of fraudu- 
lent returns. 



General Acts, 1916. — Chap. 269. 253 



EXEMPTION. 

Section 4. A person whose total income from all sources Exemption. 
does not exceed six hundred dollars during the year pre- 
ceding that in which the tax is assessed shall have an ex- 
emption of three hundred dollars of that part of his income 
which is liable to taxation under section two of this act. 

INCOME FROM .AJ^NUITIES, PROFESSIONS, EMPLOYMENTS, 
TRADE AND BUSINESS. 

Section 5. Income of the following classes received by income of 
any inhabitant of this commonwealth, during the calendar tobt'tkxeT^^ 
year prior to the assessment of the tax, shall be taxed as 
follows : 

(a) Income from an annuity shall be taxed at the rate of Tax on income 

J 1 ^£ J. ^ rni • p imm annuity, 

one and one hair per cent per annum, ine mcome or prop- etc. 
erty held in trust shall not be exempted from taxation 
under section two nor shall payments to beneficiaries be 
taxed under this section, because of the fact that the whole 
or any part of the payments to the beneficiaries is in the 
form of an annuity. A person whose total income from all Exemption, 
sources does not exceed six hundred dollars during the 
year preceding that in which the tax is assessed shall have an 
exemption of three hundred dollars of that part of his in- 
come which is liable to taxation under this paragraph: 
provided, however, that no person shall have exemptions Proviso, 
under this paragraph and under section four exceeding in 
all three hundred dollars of income. 

(b) The excess over two thousand dollars of the income, Tax on income 
as defined in section six, derived from professions, employ- lions .'etc.'^^ 
ments, trade or business shall be taxed at the rate of one and 

one half per cent per annum. In determining such income 

the rental value of living quarters furnished any individual 

as part of his compensation shall be included. The wages united states 

and salaries of employees and officers of the United States ete.^'e°xemption. 

government shall not be taxed; but if such employees and 

officers receive other income taxable under this section, that 

part of such other income shall be taxed which, when such 

other income is added to the amount of the wages or salary 

received as an employee or officer of the United States 

government, shall be in excess of two thousand dollars. 

(c) The excess of the gains over the losses received by Tax on excess 
the taxpayer from purchases or sales of intangible personal from puV- ""'' 



254 



General Acts, 1916. — Chap. 269. 



chasea, etc., 
of intangible 
personal 
property. 
Proviso. 



Trustee may 
charge tax 
paid in ac- 
counting. 

Certain incomes 
taxed as indi- 
vidual, unless, 
etc. 



Certain interest 
and dividends, 
and certain 
incomes not to 
be taxed. 



property, whether or not the said taxpayer is engaged in the 
business of dealing in such property, shall be taxed at the 
rate of three per cent per annum; provided, that in the case 
of intangible personal property held by trustees or other 
fiduciaries, the said excess shall be determined and the tax 
imposed by this section shall be assessed by the tax com- 
missioner or income tax assessor and the tax shall be paid, 
at the time when such trust is terminated, but such trustee 
or other fiduciary may at his option include the said excess 
in any return of income made prior to the termination of 
the trust, and the tax shall be assessed and paid as of the 
year in which the return is made. In the case of trusts that 
continue for more than five years, the said excess, if not 
previously returned, shall be included in a return of taxable 
income at least in every fifth year, and the tax shall be 
assessed and paid as of the year in which the return is made. 
Any such trustee or other fiduciary may charge any taxes 
paid under this paragraph against principal in any account- 
ing which he makes as such trustee. 

Income of the classes enumerated in paragraphs (a), (b) 
and (c) of this section received by any partnership, associa- 
tion or trust, the beneficial interests in which are represented 
by transferable shares, shall be taxed under this section to 
the same extent as if the partnership, association or trust 
were an individual inhabitant of this commonwealth, unless 
the dividends on the transferable shares issued by such 
partnership, association or trust are taxable under the pro- 
visions of section two. 

Interest and dividends taxable under section two of this 
act shall not be taxed under this section; and income derived 
from property not subject to taxation under chapter four 
hundred and ninety of the acts of the year nineteen hundred 
and nine and acts in amendment thereof and in addition 
thereto, and also income derived from forest lands classified 
under chapter five hundred and ninety-eight of the acts of 
the year nineteen hundred and fourteen, shall not be taxed 
under this act. 



Determination 
of taxable 
income from 
profession, 
employment, 
etc. 



DETERMINATION OF TAXABLE INCOME FROM PROFESSION, 
EMPLOYMENT, TRADE OR BUSINESS. 

Section 6. Income taxable under paragraph (b) of 
section five of this act shall be the gross income from the 
profession, employment, trade or business, including gains 



General Acts, 1916. — Chap. 269. 255 

from the sale of capital assets, other than intangible personal 
property, employed therein, less the following deductions: 

(a) Expenses paid within the year in the profession, em- Allowances. 
ployment, trade or business, including the cost of ordinary °^^^p^^^^- 
repairs but not including personal or family expenses: pro- Proviso. 
mded, that premiums paid for use and occupancy insurance, 

or rent insurance, shall not be deducted as part of such 
expenses. 

(b) A reasonable allowance for the depreciation and ^"^^T""®^?" 
obsolescence of property within the year, and for the de- property.' 
pletion within the year of wasting assets owned by the person 

taxed and used in the profession, employment, trade or 
business; provided, that with the approval of the tax com- ProvLso. 
missioner a taxpayer may, in lieu of the aforesaid allowance 
for depreciation and obsolescence, be allowed to deduct 
actual expenses of replacement of capital and extraordinary 
repairs, and with such approval may in any year defer such 
deductions in whole or in part to one or more subsequent 
years. 

(c) All taxes paid within the year to the United States For certain 
or any other nation, or to any state, county, city, town or ^^''^^p*' 
district, in respect of the profession, employment, trade or 
business, or the property held or used in connection there- 
with, but not including assessments for betterments. 

(d) Interest paid within the year on indebtedness of the For certain 
person taxed incurred in connection with his profession, em- ex^'^*^' ' 
ployment, trade or business; but no interest allowed as a 
deduction under section three of this act shall also be allowed 

under this section. 

(e) Losses from the sale within the year of capital assets For certain 
other than intangible personal property and losses sustained thfT^r'.etc. 
within the year by fire, theft or other casualty, or amounts 

paid within the year on account of claims in tort or contract 
incurred in connection with the profession, employment, 
trade or business, when not compensated for by insurance 
or otherwise. 

(f) The amount of any debts receivable arising from the For certain 
conduct of a profession, employment, trade or business debts.'etc. 
subsequent to December thirty-first, nineteen hundred and 
fifteen, determined by the person taxed to be worthless and 
actually charged off during the year; but no debts receivable 

as income shall be so charged off and deducted, unless they 
have previously been included as income in a return made 
under this act. 



256 



General Acts, 1916. — Chap. 269. 



Allowances, 
for certaia 
tangible 
property. 



For husband, 
wife, child 
or dependent 
parent. 



For income 
from certain 
classes of 
property. 



(g) An amount equal to five per cent of the assessed 
value of the stock in trade and other tangible property, real 
and personal, owned by the person taxed and used or em- 
ployed in the profession, employment, trade or business 
within or without the commonwealth, on the day as of 
which such property is assessed in the year for which the 
income is computed. In case any such stock in trade or 
other tangible property located without the commonwealth 
is taxed in respect of its income, and not in respect of its 
capital value, by the taxing district in which it is located 
in such year, the tax commissioner may determine its value 
in any other manner, and may allow a deduction of an amount 
equal to five per cent of the value so determined. 

(h) The sum of five hundred dollars for a husband or wife 
with whom the taxpayer lives, and the sum of two hundred 
and fifty dollars for each child under the age of eighteen 
years, or parent entirely dependent for support upon the 
person making the return. The aforesaid deduction shall 
not be made by both husband and w^ife, but may be made 
by either as they shall mutually agree, or shall be prorated 
between them in proportion to the net income of each in 
excess of two thousand dollars. In no case shall the total 
deduction on account of husband and wife, and children and 
parents, exceed one thousand dollars. 

(i) Income of the classes specified in the last paragraph of 
section five. 



Methods of 
determining 
taxable in- 
come. 



METHODS OF DETERMINING TAXABLE INCOME. 

Section 7. Persons who customarily estimate their in- 
come and expenditure on a basis other than that of actual 
cash receipts and disbursements may, with the approval of 
the tax commissioner, compute upon a similar basis their 
income taxable under this act. In determining the gains or 
losses realized from the sale of capital assets, the value on 
January first, nineteen hundred and sixteen, of such property 
owned on that date shall be the basis of determination, and 
in case property is acquired after January first, nineteen 
hundred and sixteen, the value on the date that it is acquired 
shall be the basis of determination. 



Estates of 

deceased 

persons. 



ESTATES OF DECEASED PERSONS. 

Section 8. The income received by persons since de- 
ceased shall be taxed to their estates. The income received 
by estates of deceased persons who last dwelt in this com- 



General Acts, 1916. — Chap. 269. 257 

monwealth shall be subject to the taxes assessed by this act, 
to the extent that the persons to whom such income is 
payable or for whose benefit it is accumulated are inhabitants 
of this commonwealth, which shall be assessed to the execu- 
tor or administrator, and before the appointment of an 
executor or an administrator such taxes shall be assessed 
in general terms to the estate of the deceased, and the 
executor or administrator subsequently appointed shall be 
liable for the tax so assessed as though assessed to him: 
'provided, that no person shall be taxed under the provisions Provisos, 
of this act for income received from any executor or ad- 
ministrator which income has itself been taxed under the 
provisions of this section; and -provided, that an executor or 
administrator who has given due notice of his appointment, 
and who has filed an inventory within nine months there- 
after, shall not be obliged to pay any tax hereunder except 
upon income received by him or income of his decedent 
with respect to which he is required to make a return here- 
under, unless the same shall be assessed within one year 
after his giving bond for the performance of his trust. If 
the inventory shall not have been filed within the said nine 
months, the executor or administrator shall be obliged to 
pay any taxes that may be assessed hereunder within three 
months after the filing of the inventory. 

The provisions of this act with reference to the taxation 
of income received by trustees shall, so far as apt, and 
except as otherwise provided herein, apply to the income 
received by executors and administrators. 



PROPERTY HELD IN TRUST. 

Section 9. The income received by estates held in trust Property held 
by trustees, any one of whom is an inhabitant of this com- ''^ 
monwealth or has derived his appointment from a court of 
this commonwealth, shall be subject to the taxes assessed 
by this act to the extent that the persons to whom the 
income from the trust is payable, or for whose benefit it is 
accumulated, are inhabitants of this commonwealth. The 
tax shall be assessed to such of the trustees as are inhabit- 
ants of the commonwealth. 

Such part of the income of intangible personal property certain income 

iij-,.' iij i,ii> i''of non-residents 

neld. m trust as is payable to or accumulated tor persons who exempt. 
are not inhabitants of the commonwealth, shall be exempt ' 
from the taxes imposed by this act. 



258 



General Acts, 1916. — Chap. 269. 



Property held 
in trust, by 
certain execu- 
tors, etc. 



Claim for 
certain exemp- 
tions by 
executor, etc. 



Proviso. 



CJorporationa 
acting as trus- 
tee to be 
subject to act. 



Act to apply 
to income 
received by 
guardians, etc. 



If an inhabitant of this commonwealth receives income 
from one or more executors, administrators or trustees, 
none of whom is an inhabitant of this commonwealth or has 
derived his appointment from a court of this commonwealth, 
such income shall be subject to the taxes assessed by this 
act, according to the nature of the income received by the 
executors, administrators or trustees. 

An executor, administrator, or trustee may, at the request 
of any beneficiary, claim the benefit of the exemptions pro- 
vided by sections four and five of this act for each person 
to whom the income from the trust is payable, or for whose 
benefit it is accumulated, and an inhabitant of this com- 
monwealth receiving income from one or more executors, 
administrators or trustees, none of whom is an inhabitant of 
this commonwealth or has derived his appointment from a 
court of this commonwealth, may also claim the benefit of 
such exemptions: yrovided, hotvever, that no such exemptions 
shall be allowed unless the tax commissioner is satisfied by 
an affidavit from the beneficiary who claims exemptions, 
or for whose benefit the same are claimed, or otherwise, that 
such beneficiary is not allowed in all trusts or estates under 
which he may be a beneficiary, and on account of all income 
on which he is liable to taxation under this act, more than 
the total amount of exemptions to which he is entitled under 
said sections four and five respectively. 

Corporations authorized under the laws of this com- 
monwealth to act as trustee or in any other fiduciary capacity 
shall, with respect to the income received by them in that 
capacity, be subject to the provisions of this act in the 
same manner and under the same conditions as individual 
inhabitants of this commonwealth acting in similar capacities, 
except that no such corporation shall be taxed on account of 
any property the income of which would be taxable under 
section two hereof if received by an individual inhabitant, 
or on account of the income derived from such property, 
if such property is held by such corporation as mortgagee or 
pledgee to secure the payment of bonds, notes or other 
evidences of indebtedness the interest on which is taxable 
under section two of this act to such individual inhabitants 
of the commonwealth as receive it, or the principal of which 
is exempt from taxation under laws other than this act. 

The provisions of this act with reference to the taxation 
of income received by trustees shall, so far as apt, apply to 
the income received by guardians, conservators, trustees in 



General Acts, 1916. — Chap. 269. 259 

bankruptcy, receivers and assignees for the benefit of credi- 
tors. Income accumulated in trust for the benefit of un- 
born or unascertained persons or persons with contingent 
interests shall be taxed as if accumulated for the benefit of 
inhabitants of this commonwealth. 

For the purpose of facilitating the settlement and dis- Taxcommis- 
tribution of estates held by executors, administrators, attorney-gen- 
trustees, guardians, conservators, trustees in bankruptcy, ag^g-g'^^n 
receivers and assignees for the benefit of creditors, the !^^Jg°["^gf ' 
tax commissioner, with the approval of the attorney-general, 
may on behalf of the commonwealth agree upon the amount 
of taxes at any time due or to become due from such estates 
under the provisions of this act, and payment in accordance 
with such agreement shall be full satisfaction of the taxes 
to which the agreement relates. 



PARTNERSHIPS. 

Section 10. Profits or income, of the classes hereinbe- Partnerships. 
fore made taxable, of partnerships of which any member is 
an inhabitant of this commonwealth and which have a 
usual place of business in this commonwealth, shall be 
subject to the taxes assessed by this act. If any of the 
members of the partnership are not inhabitants of this 
commonwealth, only so much of the income thereof as is 
proportionate to the aggregate interest of the partners who 
are inhabitants of this commonwealth in the profits of the 
partnership shall be taxed. The tax shall be assessed on 
such a partnership by the name under which it does business, 
and the partners shall not be taxed with respect to the 
income derived by them from such a partnership. A partner- Deductions, 
ship may, except as hereinafter provided, in computing the 
amount of income with respect to which it is taxable, deduct 
at the request of any partner the whole or any part of the 
amount of any exemption to which such partner may be 
entitled under the provisions of sections four and five of 
this act: lyrovided, however, that no such exemption shall Proviso. 
be allowed unless the tax commissioner is satisfied by an 
affidavit from the partner for whose benefit an exemption 
is claimed, or otherwise, that such partner is not allowed, in 
all partnerships in which he may be a partner, and on account 
of all income on which he is liable to taxation under this 
act, more than the total amount of exemptions to which 
he is entitled under said sections four and five of this act. 



260 



General Acts, 1916. — Chap. 269. 



Partnerships, 
deductions, 
to appear 
in return. 



Inhabitant 
member of 
non-resident 
partnership. 



Certain pro- 
visions of act 
to apply to 
partnerships. 



Section of act 
not to apply to 
certain cases. 



Each tamount so deducted shall be set forth in the return 
of such partnership, and the partner requesting the same 
shall be allowed no further exemption on account of the 
amount so deducted by the partnership. 

An inhabitant of this commonwealth who is a member of 
a partnership having no usual place of business in this 
commonwealth, who receives income from such partnership 
derived from such a source that it would be taxable if re- 
ceived directly by such partner, shall as to such income be 
subject to the taxes imposed by this act. 

The provisions of this act in respect to the filing of returns, 
and the assessment, abatement and collection of taxes, and 
to notices concerning the same, shall apply to partnerships 
subject to taxation hereunder. 

This section shall not apply to partnerships, associa- 
tions or trusts, the beneficial interest in which is represented 
by transferable shares, and nothing in this section shall 
affect other provisions of this act so far as the same relate 
to such partnerships, associations or trusts, the beneficial 
interest in which is represented by transferable shares. 



Exemption of 
property the 
income of 
which is taxed. 



Proviso. 



EXEMPTION OF PROPERTY THE INCOME OF WHICH IS TAXED. 

Section 11. After the year nineteen hundred and six- 
teen, income which is taxable under the provisions of section 
five of this act, and, except as provided in section tw^enty- 
one, property, whether held by an executor, administrator, 
trustee or otherwise, the income of which, if any, is taxed 
or would be taxable under the provisions of section two of 
this act if received by an inhabitant of this commonwealth, 
shall be exempt from taxation under the provisions of chap- 
ter four hundred and ninety of the acts of the year nineteen 
hundred and nine and acts in amendment thereof and in 
addition thereto: provided, however, that in determining 
the amount of any tax upon a corporate franchise under the 
provisions of Part III of said chapter four hundred and 
ninety, the value of securities the income of which, if any, 
is taxed or would be taxable under the provisions of this 
act if owned by a natural person, shall not be included in 
the deduction, authorized by section forty-one of said part 
of said chapter, of securities which, if owned by a natural 
person resident in this commonwealth, would not be liable 
to taxation, but, for the purposes of section fort^'-three of 
said part of said chapter, shall be included among securities 



General Acts, 1916. — Chap. 269. 261 

which, if owned by a natural person resident in this com- 
monwealth, would be liable to taxation. This act shall not Act, how 

, , . , construed. 

be construed to impose a tax upon any corporation or person 
in respect to income derived from property exempted from 
taxation by provisions of law existing prior to the passage 
of this act, nor shall anything in this act exempt from taxa- 
tion, under the provisions of said chapter four hundred and 
ninety, real estate and tangible personal property. 

Except as provided in section nine, the income received corporations, 
by corporations shall • not be taxable under the provisions returns. 
of this act. Every corporation liable to taxation under 
said section nine shall make the returns required by this 
act, and shall be subject to the penalties therein provided. 



RETURNS. 

Section 12. Every individual inhabitant of the com- Returns of 
monwealth, including every partnership, association or whCS^^L, 
trust, whose annual income from all sources exceeds two ^^'^' 
thousand dollars shall annually make a return of his entire 
income, except income derived (a) from real estate, (b) 
from dividends exempt from taxation under section two of 
this act, (c) from interest upon bonds or other obligations 
of the United States, (d) from interest upon such bonds, 
notes and certificates of indebtedness of the commonwealth 
and political subdivisions thereof as are exempt from taxa- 
tion under the provisions of clause fifteen of section five of 
Part I of chapter four hundred and ninety of the acts of 
the year nineteen hundred and nine, and acts in amendment 
thereof and in addition thereto, (e) from loans secured 
exclusively by mortgages of real estate, taxable as real 
estate, situated within the commonwealth to an amount 
not exceeding the assessed value of the mortgaged real 
estate, and (f) from wages or salaries received from the 
United States. Every other individual inhabitant, in- 
cluding every partnership, association or trust, who receives 
income taxable under section two or subdivision (a) or (c) 
of section five of this act shall make an annual return of 
such taxable income. 

Every executor, administrator, trustee, guardian, con- Executors, 
servator, trustee in bankruptcy, assignee for the benefit of returns of 
creditors and receiver, other than a receiver of a corporation '°'^°°^®- 
organized under the laws of the commonwealth, and every 
other person receiving income taxable under this act shall 



262 



General Acts, 1916. — Chap. 269. 



Returns to be 
under oath, 
where filed, 
etc. 



By whom filed. 



Provisos. 



Blanks to be 
provided, etc. 



Seasonable 
notice, etc. 



Omitted or 

supplementary 

returns. 



make an annual return of his taxable income as herein pro- 
vided. 

The aforesaid return shall be under oath, and shall be 
filed with the income tax assessor for the district in which 
the taxpayer resides or has his principal place of business 
or, at the option of the taxpayer, may be filed with the 
tax commissioner, and shall be made in such form as the 
tax commissioner shall from time to time prescribe and 
shall contain such further information as the tax commis- 
sioner may deem pertinent. The return shall be made 
on or before the first day of March in each year, and shall 
relate to the income received during the calendar year end- 
ing on the preceding thirty-first day of December. 

The return required by this section shall be filed by 
every person who is at any time between the first day of 
January and the thirtieth day of June in any year an in- 
habitant of the commonwealth, if such person has in the 
preceding year received income taxable hereunder: 'pro- 
vided, that the return relating to income taxable under the 
provisions of this act, and received by any person who shall 
have deceased without having made a return relating to 
such income, shall be made by his executor or adminis- 
trator; and provided, that in the case of any such person 
who has become an inhabitant of the commonwealth after 
the first day of February in any year, such return shall be 
due and shall be filed ninety days after he becomes such 
an inhabitant. Every person who is an inhabitant of the 
commonwealth at any time between the first day of Jan- 
uary and the thirtieth day of June, both inclusive, in any 
year, shall be subject to the taxes imposed by this act. 

The tax commissioner shall cause to be prepared blanks 
for the said returns, and shall cause them to be distributed 
throughout the commonwealth; but no person shall be 
excused from making the return by failure of the tax com- 
missioner to send or give one of the blanks to him. 

The tax commissioner shall give seasonable notice of the 
requirement of this section, in the manner prescribed by 
section forty-one of Part I of chapter four hundred and 
ninety of the acts of the year nineteen hundred and nine, 
not later than the fifteenth day of January in each year, 
in every city and town in the commonwealth. 

If the tax commissioner shall, from information derived 
from the return or otherwise, be of opinion that any person 
whose income is taxable under the provisions of this act 



General Acts, 1916. — Chap. 269. 263 

may have failed to file a return, or to include in a return 
filed, either intentionally or through error, all the sources 
of his taxable income, he may require from such person a 
return or a supplementary return under oath, in such form 
in each individual instance as the commissioner shall pre- 
scribe, of all the sources from which the taxpayer received 
any income, whether or not taxable under the provisions 
of this act, in the year for which the return was made. If P™'fr'°Ted 
from a supplementary return or otherwise the commissioner etc. 
finds that any sources of taxable income have been omitted 
from the original return, he may require the amount of 
income from each source of taxable income so omitted to 
be disclosed to him under oath of the person liable for the 
tax, and added to the original return. Such supplementary Liabieto 
return and the correction of the original return shall not f*"^*'®^- 
relieve the person making the same from any of the penalties 
to which he may be liable under any provision of this act. 
The tax commissioner may proceed under the provisions of 
section fourteen of this act, whether or not he requires a 
return or a supplementary return under this section. 

PENALTIES. 

Section 13. If any person required to file a return Penalties. 
under the provisions of this act fails to file the return within 
the time prescribed by such provisions, there shall be added 
to, and become a part of the tax, as an additional tax, the 
sum of five dollars for every day during which such person 
is in default: inomded, hoivever, that the tax commissioner Proviso. 
may, in his discretion, abate any such additional tax in 
whole or in part. 

If any person fails to file a return required under the pro- Writ of 
visions of this act on or before the first day of May of any to issue. 
year, any justice of the supreme judicial court or of the 
superior court, upon petition of the tax commissioner or 
of the income tax assessor for the district in which such 
person is required to file the return, or of any ten taxable 
inhabitants of the commonwealth, shall issue a writ of 
mandamus requiring such person to file the return. The 
order of notice upon the petition shall be returnable not 
later than ten days after the filing of the petition. The 
petition shall be heard and determined on the return day 
or on such day thereafter as the court shall fix, having re- 
gard to the speediest possible determination of the cause 



264 



General Acts, 1916. — Chap. 269. 



Judgment to 
include costs. 



Penalties, 
on return. 



Right to hold 
public office 
forfeited. 



Certain part- 
nerships, etc., 
penalties im- 
posed, how 
inflicted. 



Penalties, 
how applied. 



consistent with the rights of the parties. The judgment 
shall include costs in favor of the prevailing party. All 
writs and processes may be issued from the clerk's office in 
any county, and, except as aforesaid, shall be returnable as 
the court shall order. 

If any person files a fraudulent return, or if any person 
who has failed to file a return, or has filed an incorrect or 
insufficient return, and has been notified by the tax com- 
missioner of his delinquency, without reasonable excuse fails 
to file a return wuthin twenty days after receiving such 
notice, such person shall be punished by a fine of not less 
than one hundred dollars nor more than ten thousand 
dollars, or by imprisonment for not more than one year, 
or by both such fine and imprisonment, and shall forfeit 
his right to hold public office anywhere within the com- 
monwealth for such period, not exceeding five years, as the 
court may determine. 

In the case of a partnership of which one or more members 
are inhabitants of this commonwealth and having a usual 
place of business in this commonwealth, the penalties im- 
posed by this act may be inflicted upon any member of the 
partnership who is an inhabitant of this commonwealth 
and who has any active part in the management of the 
affairs of the partnership, and if there is no such member, 
upon the person or persons in charge of its affairs within 
this commonwealth. In the case of a partnership, associa- 
tion or trust, the beneficial interests in which are represented 
by transferable shares, the penalties imposed by this act 
for failure to file a return may be inflicted upon the trustees, 
managers or officers whose duty it was to make the return. 

The penalties provided by this section shall apply to 
individuals and corporations acting in any fiduciary capacity. 
In the case of a corporation, the penalty may be imposed 
on the corporation, on the officers whose duty it was to 
make the return, or on both. 



Tax commis- 
sioner to deter- 
mine incomes 
and assess 
tax, etc. 



ASSESSMENT AND ADMINISTRATION. 

Section 14. The tax commissioner shall determine from 
the returns required by this act, or in any other manner, 
the income of every person taxable under this act, and shall 
assess thereon the tax hereby provided; but he shall not 
determine the income of a person who has filed a return in 
accordance with section twelve, within the time prescribed 
by law, to be in excess of that disclosed by such return, 



General Acts, 1916. — Chap. 269. 265 

without notifying such person and giving him an opportunity 
to exphiin the apparent incorrectness of his return. 

For the purpose of verifying any return made pursuant Verification 
to this act the tax commissioner may, within two years 
after the date when such return was due, if he has reason to 
beheve the return to be fraudulent or incorrect, direct by 
special authorization a deputy or other agent to verify the 
return; and for the purpose of such verification the books 
and papers of the person shall be open to the examining 
officer, or shall be produced for the purpose upon a summons, 
which the tax commissioner, or the examining officer, is 
hereby authorized to issue. The person making the return 
may be examined by such officer under oath. 

If no return, or a fraudulent, incorrect or insufficient Assessment, 
return, has been filed by a person required to file a return mined, when 
under the provisions of this act, and the person so' in de- medletc"'^ 
fault refuses or neglects, after notice, to file a proper return, 
the tax commissioner shall determine the income of such 
person, taxable under this act, according to his best informa- 
tion and belief, and shall assess the same at double the 
amount so determined. In the case of sickness, absence or Disability, etc., 
other disability of a person liable to the tax, the tax com- S fi{'e''ret™n. 
missioner may allow such further time for filing the return 
as he may deem necessary. 

If the tax commissioner discovers from the verification of Assessment, 
a return filed under this act, or otherwise, that the income verified, etc. 
of any person subject to taxation under this act, or any 
portion thereof, has not been assessed, he maj^ at any time 
within two years after the first day of September of the 
year in which such assessment should have been made, 
assess the same, first giving notice to the person so to be 
assessed of his intention, and such person shall thereupon 
have an opportunity within ten days after such notification Ten days- 
to confer with the tax commissioner in person or by counsel °°*"'^' 
or other representative as to the proposed assessment. 
After the expiration of ten days from such notification the 
tax commissioner shall assess the income of such person 
subject to taxation, or any portion thereof, which he be- 
lieves has not theretofore been assessed, and he shall there- 
upon give notice to the person so assessed under the pro- 
visions of section fifteen of this act, and the tax shall be 
payable fourteen days after the date of such notice. The Abatement, 
provisions of this act in respect to the abatement and coUec- ^**^' 
tion of taxes shall apply to a tax so assessed. 



266 



General Acts, 1916. — Chap. 269. 



Rules and 
regulations. 



Tax commis- 
sioner to give 
notice of date 
tax is due, etc. 



Taxes, where 
paid. 



Validity of 
tax not 
affected. 

Returns to be 
open to in- 
spection of 
certain 
officials, etc. 



Penalty for 
disclosure of 
information, 
except. 



Indexes open to 
public inspec- 
tion. 



The tax commissioner may from time to time make such 
rules and regulations, not inconsistent with the provisions 
of this act, as he may deem necessary for the purpose of 
carrying out its provisions. 

Section 15. The tax commissioner shall, on or before 
the first day of September in each year, give notice to every 
person taxable under the provisions of this act of the amount 
of the tax payable by him, and of the date upon which the 
tax is due and payable, which date shall be the fifteenth 
day of October. The notice shall be a written or printed 
notice, and shall be mailed, postage prepaid, addressed to 
the person assessed at his place of residence or business, 
or at the address given in his return, or otherwise delivered 
at such place of residence or business or at such address. 
All taxes assessed hereunder may be paid at the office of the 
tax conimissioner in Boston or at the office of the income tax 
assessor for the district in which the taxpayer resides or has 
his principal place of business, at the option of the tax- 
payer, and the notice shall state the places at which the 
tax may be paid. 

Failure to receive the notice provided for by this section 
shall not affect the validity of the tax. 

Section 16. Returns shall be open to the inspection of 
the tax commissioner and of his deputies, assistants and 
clerks, when acting under his authority, and of the income 
tax assessors and of their deputies, assistants and clerks, 
when acting under their authority. The disclosure by the 
tax commissioner, or by any deputy, assistant, clerk or 
assessor, or other employee of the commonwealth, or of any 
city or town therein, to any person of any information 
whatever contained in or set forth by any such return, 
other than the name and address of the person filing it, 
except in proceedings to collect the tax or by proper judicial 
order, shall be punishable by a fine not exceeding one thou- 
sand dollars, or by imprisonment for a period not exceeding 
six months, or by both such fine and imprisonment, and 
by disqualification from holding office for such period, not 
exceeding three years, as the court may determine. Said 
returns shall be preserved for two years, and thereafter until 
the tax commissioner orders them to be destroyed. 

Lists or indexes of persons in the district who have filed 
returns shall be kept in the office of each income tax assessor, 
and shall be open to public inspection. The name of each 
person filing a return shall be placed on such list or index 
immediately on the filing of the return. 



General Acts, 1916. — Chap. 269. 267 

Section 17. For the purpose of carrying out the pro- Taxcommis- 
visions of this act, the tax commissioner shall divide the dh^decom- 
commonwealth into income tax districts, and he may from iS^TnTOme 
time to time change the limits of the districts. He shall, t^x districts. 
with the advice and consent of the governor and council, 
appoint, and may with their consent remove, an income tax income tax 
assessor for each district, to assist him in such manner and api^intment, 
under such rules and regulations as he may from time to ^"*'^^'®*'=- 
time prescribe in the performance of his duties hereunder. 

An income tax assessor need not be a resident of the Residence, 
district in which he is to serve: provided, that, so far as vvo-nso. 
may be practicable, preference shall be given to residents of 
the respective districts. The commissioner may transfer 
am' income tax assessor from one district to another, and 
may assign any such assessor to temporary or extraordinary 
service in any district. 

The tax commissioner may also appoint such deputy Deputy 
income tax assessors, who may be members of boards of i^sesTor*^^ 
assessors of cities or towns, and such clerical and other appointment, 
assistants in the several districts, as may, in the opinion 
of the governor and council, be necessary for the proper 
performance of his duties. 

The salaries of the income tax assessors and their deputies salaries, 
shall be fixed by the tax commissioner with the approval expenses, etc. 
of the governor and council, and the income tax assessors, 
their deputies, assistants and clerks, shall be allowed such 
reasonable and necessary travelling and other expenses 
incurred in the performance of their duties as may be ap- 
proved by the tax commissioner and by the governor and 
council. 

All taxes received by the income tax assessors shall be Taxes received 
accounted for and turned over to the tax commissioner as for'Tacrweek?'' 
often as once in each week, and the commissioner shall ®^- 
transmit to the treasurer and receiver general as often as 
once in each month all taxes received by him under the pro- 
visions of this act. 

The tax commissioner shall require the income tax as- to furnish 
sessors to give bonds in such form, with such sureties and '^*^°^®- 
in such amounts as may be approved by the governor and 
council, and all premiums upon such bonds shall be paid by 
the tax commissioner out of moneys appropriated for the 
purposes of this act. 

The tax commissioner may also, with the advice and ^^^''^^^^'^ 
consent of the governor and council, appoint, and with their pointm'ent and 
consent remove, a deputy to be known as the income tax '^^^'^^ 



268 



General Acts, 1916. — Chap. 269. 



aats, etc. 



Powers and 
duties. 



Income tax depiity, who shall receive such salary as the governor and 
ciericai'assist- ' council may approve, and who, under the direction of the 
tax commissioner, shall have supervision and control of the 
assessment and collection of the income taxes provided for 
by this act; and the tax commissioner shall appoint such 
additional clerical and other assistants to the income tax 
deputy and income tax assessors as the governor and council 
may approve. 

The aforesaid income tax deputy, income tax assessors 
and deputy assessors shall have such duties and powers 
consistent with the provisions of this act as the tax com- 
missioner shall from time to time prescribe. Their ap- 
pointment shall be governed by the provisions of law relative 
to the appointment of the present deputies and assistants of 
the tax commissioner, and supervisors of assessors. 

Section 18. If a tax assessed under the provisions of this 
to tax, rate, etc. act is not paid at the time when it is due, interest at the 
rate of six per cent per annum from that time shall be added 
to and become part of the tax. The tax commissioner, and 
the income tax assessors in their respective districts, shall 
have all the remedies for the collection of taxes assessed 
under the provisions of this act that are provided by chapter 
four hundred and ninety of the acts of the year nineteen 
hundred and nine, and acts in amendment thereof and in 
addition thereto, for the collection of taxes on personal 
estate by collectors of taxes of cities and towns, and shall 
be allowed charges and fees as therein provided. Any 
action of contract brought to recover any such tax shall be 
brought in the name of the commonwealth. 



When interest 
is to be added 



Remedies. 



Abatements. 



Proviso. 



ABATEMENTS. 

Section 19. Any person aggrieved by the assessment of 
a tax under the provisions of this act may apply to the tax 
commissioner for an abatement thereof at any time within 
three months after the date of the notice of the assess- 
ment; and if, after a hearing, the tax commissioner is satis- 
fied that the tax is excessive in amount or that the person 
assessed is not subject to the tax, he shall abate the tax in 
whole or in part accordingly; and if the tax has been paid, 
the treasurer and receiver general shall repay to the person 
assessed the amount of such abatement, with interest thereon 
at the rate of six per cent per annum from the time when it 
was paid: provided, however, that no tax assessed upon any 



General Acts, 1916. — Chap. 269. 269 

person liable to taxation under this act shall be abated in 
any event unless the person assessed shall have filed, at or 
before the time of bringing his petition for abatement, a 
return as required by section twelve of this act; and if he 
failed without good cause to file his return within the time 
prescribed hy law, or filed a fraudulent return, or, having 
filed an incorrect or insufficient return, has failed, after 
notice, to file a proper return, the tax commissioner shall 
not abate the tax below double the amount for which the 
person assessed was properly taxable under the provisions 
of this act. The tax commissioner shall notify the petitioner Notice of 
by registered letter of his decision upon the petition. ecision. 

Any person aggrieved by the refusal of the tax com- Appeals. 
missioner to abate, in whole or in part, under the provisions 
of this section, a tax assessed under the provisions of this 
act, may, within thirty days after receiving notice of the 
decision of the tax commissioner, appeal therefrom by 
filing a complaint with the clerk of the board of appeal 
provided for by section sixty-eight of Part III of chapter 
four hundred and ninety of the acts of the year nineteen 
hundred and nine. If, upon a hearing, the board of appeal abatement^^^' 
finds that the person making the appeal is entitled to any 
abatement from the tax assessed upon him, it shall make 
such abatement as it sees fit. 

The decision of the board of appeal shall be final and bl^g^'i"*** 
conclusive, and shall be communicated in writing to the 
petitioner and the tax commissioner within five days after 
the decision of the board. 

If the tax appealed from has been paid, the treasurer Repayment. 
and receiver general shall repaj^ to the petitioner the amount 
of any abatement and interest from the time of payment, 
upon presentation to him by the petitioner of the notice of 
the decision of the board. 

Section 20. Any person aggrieved by the refusal of ^'''^^^,. 
the tax commissioner to abate m whole or m part, under the superior court. 
provisions of the preceding section, a tax assessed under the 
provisions of this act may, instead of pursuing the remedy 
provided in the preceding section, appeal from such refusal 
by filing a complaint against the tax commissioner in the 
superior court for the county in which such person resides 
or has his principal place of business, within thirty days 
after the notice by the tax commissioner of his decision in 
accordance with the preceding section. An order of notice 
shall be issued by said court and served upon the tax com- 



270 



General Acts, 1916. — Chap. 269. 



Filing of 
complaint in 
superior court. 



Repayment. 



Remedies 
exclusive. 



Additional 
local taxes 
if full return 
ia not made. 



Amount of 
taxes to b3 
entered on 
tax list of 
collector. 



missioner within such time as the court shall direct, and the 
subsequent proceedings shall be conducted in accordance 
with the provisions of sections seventy-seven to eighty, in- 
clusive, of Part I of chapter four hundred and ninety of the 
acts of the year nineteen hundred and nine, and acts in 
amendment thereof and in addition thereto; but if the 
complainant was subject to taxation under this act and did 
not file his return within the time prescribed by law he shall 
not be entitled to have any part of his tax abated by the 
court, unless the court finds that he had good cause for his 
delay, or the tax commissioner had previously so found. 
If an abatement is granted, the amount thereof shall be 
repaid to the complainant by the treasurer and receiver 
general, with interest at the rate of six per cent per annum 
from the time when the tax was paid, and costs. 

The remedies provided by sections nineteen and twenty 
hereof shall be exclusive, whether or not the tax is wholly 
illegal. 

ADDITIONAL LOCAL T.\XES. 

Section 21. All property owned by a resident of this 
commonwealth on the first day of April in any year, which 
during the preceding calendar year had produced for such 
owner any income taxable under this act, shall, despite 
anything in this act, be subject to taxation to such owner in 
accordance with the provisions of chapter four hundred and 
ninety of the acts of the year nineteen hundred and nine, 
and acts in amendment thereof and in addition thereto, if 
such owner does not make to the tax commissioner a full 
return of his taxable income from such property on or be- 
fore the first day of September of the year in which a return 
of income is required by section twelve of this act, and pro- 
vided the tax so assessed is greater than the amount of the 
tax properly payable under sections two and fourteen of 
this act. Property taxable in any year under this section 
shall be assessed in that year between the second day of 
September and the tenth day of December, both inclusive. 
The amount of taxes assessed by the local assessors upon 
such property in such city or town in any year, less the 
amount assessed and collected by the tax commissioner as 
hereinafter provided, shall be entered on the tax list of the 
collector of such city or town, and he shall collect and pay 
over the same to the city or town. 



General Acts, 1916. — Chap. 269. 271 

Any taxpayer aggrieved by the assessment of a tax under Appeal to tax 
the provisions of this section may appeal to the tax com- ^°^'°'*®'°°^'"' 
raissioner within thirty days after the receipt of the tax bill 
therefor, or other actual notice of the assessment. In case To board of 
of an adverse determination by the tax commissioner, the ^^^^^ ' ^^' 
taxpayer may appeal to the board of appeal as provided 
in section nineteen, or to the superior court as provided in 
section twenty; and if the taxpayer shall establish that the 
income of the property was duly returned or that it was 
not taxable or that there was reasonable excuse for not 
making the return, the tax shall be abated, and if it has 
previously been paid, the amount abated shall be repaid 
by the city or town to the taxpayer, with interest from the 
time of such payment. At any time prior to the collection 
by the city or town of the tax provided for by this section, 
the tax commissioner may assess and collect the tax pro- 
vided for by this act, on the income of the property subject 
to the limitation of time provided by section fourteen. 
Upon the collection of the tax, the tax commissioner shall ^uector°of^^ 
at once notify the tax collector of the city or town in which '^^^y ^r town. 
the taxpayer resides, and the tax collected by him shall be 
deducted from the tax assessed in that city or town; and 
if the tax assessed in such city or town has been collected, 
the amount so deducted shall be repaid by the city or town 
to the taxpayer. If a tax collected by a city or town under 
the provisions of this section is afterward abated, the amount 
of the abatement, together with the amount of any interest 
paid by the taxpayer on that amount, shall be paid by the 
city or town to the taxpayer. 

Upon discovery of property the income of which for the Proceedings in 
preceding calendar year, taxable under this act, has not fafiur°eto 
been returned on or before the first day of September of the "^^^^ ''^*"'"°" 
year in which the return is required, the tax commissioner 
shall forthwith notify the assessors of the city or town in 
which the property is taxable, unless there is within his 
knowledge a reasonable excuse for the failure of the taxpayer 
to file the return. Upon making any assessment under the 
provisions of this section, the assessors shall forthwith 
notify the tax commissioner. 

Section 22. Any taxpayer who in the year nineteen Amount to be 
hundred and seventeen fails to bring in a list of taxable 
personal estate, as provided in sections forty-one to forty- 
nine, inclusive, of Part I of chapter four hundred and ninety 



272 



General Acts, 1916. — Chap. 269. 



Assessment 
by tax com- 
missioner, in 
any city or 
town. 
Assessor to 
be liable to 
penalties. 



of the acts of the year nineteen hundred and nine, and acts 
in amendment thereof and in addition thereto, shall be 
assessed in that year for an amount of personal estate not 
less than that for which he was assessed and taxed in the 
3'ear nineteen hundred and sixteen. The tax commissioner 
shall have authority to assess any taxpayer in any city 
or town for any amount of tax for which said taxpayer may 
be liable under the provisions of this section; and any 
assessor who shall violate the provisions of this section 
shall be liable to the penalties imposed by section thirty- 
nine of Part I of chapter four hundred and ninety of the 
acts of the year nineteen hundred and nine, and acts in 
amendment thereof and in addition thereto. 



DISTRIBUTION. 



Distribution 
of tax, etc., 
in 1917. 



Section 23. On or before the fifteenth day of November 
in the year nineteen hundred and seventeen the treasurer 
and receiver general shall pay to each city or town an amount 
equal to the difference between the amount of the tax levied 
upon personal property in such city or town in the year 
nineteen hundred and fifteen and the amount, computed by 
the tax commissioner, that would be produced by a tax 
upon the personal property actually assessed in such city 
or town for the year nineteen hundred and seventeen at the 
same rate of taxation as prevailed therein in the year nine- 
teen hundred and fifteen. If the amount of taxes collected 
from incomes shall exceed the sum necessary to make such 
payments, the balance shall be distributed among the 
several cities and towns in proportion to the amount of the 
state tax imposed upon each of them in the year nineteen 
hundred and seventeen: provided, that of the aforesaid 
excess the commonwealth shall retain a sum sufficient to 
reimburse it for the expenses incurred under this act during 
the year nineteen hundred and seventeen, and abated taxes 
Distribution of repaid hereunder during said year. In years subsequent 
t^igiL^^'^^^"*^ to nineteen hundred and seventeen, the taxes collected 
under this act shall be distributed as the general court may 
determine. 

Section 24. On or before the first day of August in each 
year the tax commissioner shall, upon the basis of the in- 
formation then in his possession, notify the assessors of 
each city and town of the amount of income tax such city 



Proviso. 



Assessors to be 
notified. 



General Acts, 1916. — Chap. 269. 273 

or town is to receive under this act. The said assessors, in To include 
determining the rate of taxation to be levied upon taxable dete^Liai^ 
property for the year, shall include in the estimated receipts *'*'""^'^- 
lawfully applicable to the payment of expenditures the 
aforesaid amount of income tax. 



INFORMATION AT THE SOURCE. 

Section 25. Every individual, partnership, association. Return of 
trust or corporation, being an inhabitant of the common- empioyeesi'etc. 
wealth or having a place of business therein, shall file annu- 
ally with the tax commissioner a return in such form as the 
tax commissioner shall from time to time prescribe, giving 
the names and addresses of all regular employees residing 
in this commonwealth to whom the said individual, partner- 
ship, association, trust or corporation has paid wages, salary 
or other compensation in excess of the sum of eighteen 
hundred dollars during the previous calendar year. 

Every corporation and every partnership, association or Corporations, 
trust the beneficial interest in which is represented by trans- ofsiia^e- ^ ^* 
ferable shares, doing business in the commonwealth, shall, ^oi^^ers, etc. 
unless the dividends paid upon its shares are exempt from 
taxation under section two of this act, on or before the first 
day of March in the year nineteen hundred and seventeen 
and in each year thereafter, file with the tax commissioner 
a list of the names and addresses of its shareholders as of 
record on the thirty-first day of December of the previous 
year, or, in its discretion, of such shareholders as are residents 
of the commonwealth: provided, however, that the tax commis- Proviso, 
sioner in his discretion may accept in lieu of the above list 
from any corporation, partnership, association or trust required 
to make a return hereunder a list of its shareholders as of 
record on any other date satisfactory to him. Every such To me names, 
corporation, partnership, association or trust shall also plld ?ntwest^ 
report to the tax commissioner on or before the first day of "pon bonds, etc. 
INIarch in each year the names and addresses of residents of 
the commonwealth to whom it has paid interest during the 
preceding calendar year upon its bonds, notes, or other 
evidences of indebtedness, and to whom it has paid any 
annuity or annuities, except, however, interest coupons 
payable to bearer, and income exempt from taxation under 
this act. In any individual case, any such corporation, 
partnership, association or trust shall, upon request of the 



274 



General Acts, 1916. — Chap. 269. 



Date of filing 
returns. 



Penalty. 



Names of 
public em- 
ployees to be 
furnished. 



tax commissioner, state the respective amounts of dividends, 
interest and annuities so paid by it to any person during 
any calendar year. 

The returns provided by this section shall be made on 
or before the first day of Tylarch in each year; but the tax 
commissioner ma}^ in his discretion, authorize such returns 
to be made at any other date and in connection with any 
other reports or returns that the said individuals, partner- 
ships, associations, trusts and corporations may be required 
to file with him. 

Any individual, partnership, association, trust or cor- 
poration that without reasonable excuse fails to comply 
with the provisions of this section shall be punished by a 
fine of not less than twenty-five nor more than five hundred 
dollars for each offence. 

Section 26. The treasurer of every city, town and 
county, and the auditor of the commonwealth shall, in each 
year not later than the tenth day of April, in the form pre- 
scribed by the tax commissioner, furnish said commissioner 
with the names and addresses of all employees of said cities, 
towns, counties and of the commonwealth respectively who 
received during the preceding calendar year as salary, wages, 
or otherwise amounts exceeding eighteen hundred dollars 
in each case, together with the amount received by each. 



Unconstitu- 
tionality of 
any part not 
to affect re- 
maining parts 
of act. 

No caption to 
afiect inter- 
pretation. 



Registration of 
bonds; (re- 
pealed. See 
1916, 300, 
(G.) § 6.) 



GENERAL PROVISIONS. 

Section 27. If any part, subdivision or section of this 
act shall be declared unconstitutional, the validity of the 
remaining parts of this act shall not be affected thereby. 

Section 28. No caption to any section or set of sections 
shall in any way control or affect the interpretation of this 
act or of any part hereof. 

Section 29. After the passage of this act or the fifteenth 
day of May in the year nineteen hundred and sixteen, which- 
ever last occurs, no bonds shall be registered under chapter 
seven hundred and sixty-one of the acts of the year nineteen 
hundred and fourteen, and acts in amendment thereof 
and in addition thereto. The tax imposed by this act shall 
not be assessed upon the income from any bond registered 
under any of said acts until the term for which such bond 
was exempted by registration has expired. 

Section 30. This act shall take effect upon its passage. 

Approved May 26, 1916. 



General Acts, 1916. — Chap. 270. 275 

An Act to dr^ide the commonwealth into districts for nhn^ 270 

THE choice of SENATORS AND COUNCILLORS, AND TO AP- ^ 

PORTION REPRESENTATIVES TO THE SEVERAL COUNTIES. 

Be it enacted, etc., as follows: 

SENATORIAL DISTRICTS. 

Section 1. For the purpose of choosing senators until Common- 
the next decennial apportionment, the commonwealth is divided into 
hereby divided, agreeably to the provisions of the constitu- Sstlrictf 
tion, into forty districts, as hereinafter specified. 

Section 2. The towns in the counties of Barnstable, Capeand 
Dukes County and Nantucket, and the towns of Carver, ^^y°^°"*'^- 
Duxbury, Halifax, Hanson, Kingston, Pembroke, Plymouth 
and Plympton in the county of Plymouth shall constitute 
a district to be known as the Cape and Plymouth District. 

Section 3. The county of Bristol is divided into three Bristol county, 
districts, as follows: — 

The cities of Attleboro and Taunton and the towns of First Bristol. 
Berkley, Dighton, Easton, Mansfield, North Attleborough, 
Norton, Raynham, Rehoboth and Seekonk shall constitute 
a district to be known as the First Bristol District. 

The city of Fall River and the towns of Somerset and Second Bristol. 
Swansea shall constitute a district to be known as the Second 
Bristol District. 

The city of New Bedford and the towns of Acushnet, Third Bristol. 
Dartmouth, Fairhaven, Freetown and Westport shall consti- 
tute a district to be known as the Third Bristol District. 

Section 4. The city of Brockton and the towns of Plymouth. 
Bridgewater, East Bridgewater, Lakeville, Marion, Matta- 
poisett, Middleborough, Rochester, Wareham and West 
Bridgewater in the county of Plymouth shall constitute a 
district to be known as the Plymouth District. 

Section 5. The city of Quincy and the towns of Co- Norfolk and 
hasset and Weymouth in the county of Norfolk and the ^^°"* ' 
towns of Abington, Hanover, Hingham, Hull, Marslifield, 
Norwell, Rockland, Scituate and Whitman in the county of 
Plymouth shall constitute a district to be known as the 
Norfolk and Plymouth District. 

Section 6. The towns of Avon, Braintree, Canton, Norfolk. 
Dedham, Dover, Foxborough, Holbrook, Medfield, Medway, 
Millis, ]\Iilton, Needham, Norfolk, Norwood, Plainville, 
Randolph, Sharon, Stoughton, Walpole, Wellesley, West- 



276 



General Acts, 1916. — Chap. 270. 



Norfolk and 
Suffolk. 



Suffolk 
county. 



First Suffolk. 



Second 
Suffolk. 



Third Suffolk. 



Fourth 
Suffolk. 



Fifth Suffolk. 



Sixth Suffolk. 



Seventh 

Suffolk. 



Eii^hth 

Suffolk. 



Ninth Suffolk. 



Essex county. 



wood and Wrentham shall constitute a district to be known 
as the Norfolk District. 

Section 7. The town of Brookline in the county of 
Norfolk, the wards numbered twenty-five and twenty-six 
in the city of Boston in the county of Suffolk and the town 
of Watertown in the county of Middlesex shall constitute a 
district to be known as the Norfolk and Suffolk District, 

Section 8. The county of Suffolk, exclusive of wards 
twenty-five and twenty-six in the city of Boston, together 
with the wards numbered one and tAvo in the city of Cam- 
bridge in the county of ]\Iiddlesex, is divided into nine 
districts, as follows : — 

The cities of Chelsea and Revere, the town of Winthrop 
and the ward numbered one in the city of Boston shall 
constitute a district to be known as the First Suffolk Dis- 
trict. 

The wards numbered three, four and five in the city of 
Boston and the wards numbered one and two in the city 
of Cambridge shall constitute a district to be known as the 
Second Suffolk District. 

The wards numbered nine, ten and eleven in the city of 
Boston shall constitute a district to be known as the Third 
Suffolk District. 

The wards numbered two, six and twelve in the city of 
Boston shall constitute a district to be known as the Fourth 
Suffolk District. 

The wards numbered seven and eight in the city of Boston 
shall constitute a district to be known as the Fifth Suffolk 
District. 

The wards numbered thirteen, fourteen and fifteen in the 
city of Boston shall constitute a district to be known as the 
Sixth Suffolk District. 

The wards numbered seventeen, eighteen and twenty in 
the city of Boston shall constitute a district to be known as 
the Seventh Suffolk District. 

The wards numbered sixteen, twenty-two and twenty- 
three in the city of Boston shall constitute a district to be 
known as the Eighth Suffolk District. 

The wards numbered nineteen, twenty-one and twenty- 
four in the city of Boston shall constitute a district to be 
known as the Ninth Suffolk District. 

Section 9. The county of Essex, exclusive of the ward 
numbered six in the city of Lynn and the towns of Lynnfield 
and Saugus, is divided into five districts, as follows : — 



General Acts, 1916. — Chap. 270. 277 

The wards numbered one, two, three, four, five and ^i^'st Essex. 
seven in the city of Lynn and the towns of Xahant and 
Swampscott shall constitute a district to be known as the 
First Essex District. 

The cities of Beverly and Salem and the towns of Danvers Second Essex. 
and jMarblehead shall constitute a district to be known as 
the Second Essex District, 

The cities of Gloucester and Newburyport and the towns Third Essex. 
of Essex, Hamilton, Ipswich, Manchester, Newbury, Rock- 
port, Rowley, Salisbury, Topsfield, Wenham and West 
Newbury shall constitute a district to be known as the 
Third Essex District. 

The city of Haverhill and the towns of Amesbury, Box- Fourth Essex. 
ford, Georgetown, Groveland, Merrimac, JNIiddleton and 
Peabody shall constitute a district to be known as the 
Fourth Essex District. 

The city of Lawrence and the towns of Andover, Methuen Fifth Essex. 
and North Andover shall constitute a district to be known 
as the Fifth Essex District. 

Section 10. The county of Middlesex, together with Middlesex 
the ward numbered six in the city of Lynn and the towns ''°^'^*^- 
of Saugus and Lynnfield in the county of Essex, and ex- 
clusive of the wards numbered one and two in the city 
of Cambridge, and the town of Watertown, is divided into 
eight districts, as follows : — 

The city of Newton and the towns of Ashland, Framing- First Middlesex. 
ham, Holliston, Hopkinton, Natick, Sherborn and Weston 
shall constitute a district to be known as the First Middle- 
sex District. 

The wards numbered four, five, six, seven, eight, nine, Second 
ten and eleven in the city of Cambridge and the town of ^^'^'^^^®®^- 
Belmont shall constitute a district to be known as the 
Second Middlesex District. 

The city of Somerville and the ward numbered three in Third 
the city of Cambridge shall constitute a district to be known ^ii<i<iiesex. 
as the Third jMiddlesex District. 

The cities of Everett, Maiden and Melrose shall constitute Fourth 
a district to be known as the Fourth Middlesex District. ^li^^^'^^^^- 

The cities of Marlborough and W^altham and the towns Fifth 
of Concord, Hudson, Lexington, Lincoln, Maynard, Stow, "^^"^^'^^^^• 
Sudbury and Wayland shall constitute a district to be 
known as the Fifth Middlesex District. 

The cities of Medford and Woburn and the towns of sixth 
Arlington, Stoneham, Wakefield and Winchester shall 



278 



General Acts, 1916. — Chap. 270. 



Seventh 
Middlesex. 



Eighth 
Middlesex. 



Worcester 
county. 



First 
Worcester. 



Second 
Worcester. 



Third 
Worcester. 



Fourth 
Worcester. 



Worcester and 
Hampden. 



constitute a district to be known as the Sixth IMiddlesex 
District. 

The wards numbered five and nine in the city of Lowell 
and the towns of Acton, Aver, Bedford, Billerica, Boxborough, 
Burlington, Carlisle, Littleton, North Reading, Reading, 
Tewksbury and Wilmington in the county of Middlesex, and 
ward six in the city of Lynn and the towns of Lynnfield 
and Saugus in the county of Essex shall constitute a district 
to be known as the Seventh Middlesex District. 

The wards numbered one, two, three, four, six, seven and 
eight in the city of Lowell, and the towns of Ashby, Chelms- 
ford, Dracut, Dunstable, Groton, Pepperell, Shirley, Towns- 
end, Tyngsborough and Westford shall constitute a district 
to be known as the Eighth Middlesex District. 

Section 11. The county of Worcester, the towns of 
Brimfield, Hampden, Holland, Ludlow, Monson, Palmer, 
Wales and Wilbraham in the county of Hampden, and the 
towns of Bellingham and Franklin in the county of Nor- 
folk, are divided into five districts, as follows: — 

The wards numbered five, six, seven, eight and nine in 
the city of Worcester shall constitute a district to be known 
as the First Worcester District. 

The wards numbered one, tw^o, three, four and ten in the 
city of Worcester shall constitute a district to be known as 
the Second Worcester District. 

The cities of Fitchburg and Leominster and the towns of 
Ashburnham, Athol, Gardner, Lunenburg, Royalston, 
Phillipston, Templeton, Westminster and Winchendon shall 
constitute a district to be known as the Third Worcester 
District. 

The towns of Auburn, Blackstone, Douglas, Grafton, 
Hopedale, Mendon, Milford, Millbury, Millville, North- 
borough, Northbridge, Oxford, Shrewsbury, Southborough, 
Sutton, L^pton, Uxbridge, Webster and Westborough in the 
county of Worcester, and the towms of Bellingham and 
Franklin in the county of Norfolk shall constitute a district 
to be known as the Fourth Worcester District. 

The towns of Barre, Berlin, Bolton, Boylston, Brookfield, 
Charlton, Clinton, Dana, Dudley, Hardwick, Harvard, 
Holden, Hubbardston, Lancaster, Leicester, New Braintree, 
North Brookfield, Oakham, Paxton, Petersham, Princeton, 
Rutland, Southbridge, Spencer, Sterling, Sturbridge, Warren, 
West Boylston and West Brookfield in the county of Worces- 
ter, and the towns of Brimfield, Hampden, Holland, Ludlow, 
Monson, Palmer, Wales and Wilbraham in the county of 



General Acts, 1916. — Chap. 270. 279 

Hampden shall constitute a district to be known as the 
Worcester and Hampden District. 

Section 12. The counties of Berkshire, Franklin, Hamp- Berkshire, 
den and Hampshire, exclusive of the towns of Brimfield, Hampden and 
Hampden, Holland, Ludlow, jNJonson, Palmer, Wales and cou^ties"^^ 
Wilbraham in the county of Hampden, are divided into five 
districts, as follows : — 

The cities of North Adams and Pittsfield and the towns of Berkshire. 
Adams, Cheshire, Clarksburg, Dalton, Florida, Hancock, 
Lanesborough, New Ashford, Savoy, Williamstown and 
Windsor in the county of Berkshire shall constitute a dis- 
trict to be known as the Berkshire District. 

The towns of Alford, Becket, Egremont, Great Barring- Berkshire, 
ton, Hinsdale, Lee, Lenox, ^Monterey, Mount Washington, andHkmpden. 
New ]\Iarlborough, Otis, Peru, Richmond, Sandisfield, 
Sheffield, Stockbridge, Tyringham, Washington and West 
Stockbridge in Berkshire county, the city of Northampton 
and the towns of Easthampton, Huntington, Southampton 
and Westhampton in the county of Hampshire, and the 
towns of Agawam, Blandford, Chester, Granville, Mont- 
gomery, Russell, Southwick, Tolland, West Springfield and 
Westfield in the county of Hampden shall constitute a 
district to be known as the Berkshire, Hampshire and 
Hampden District. 

The towns in the county of Franklin and the towns of nTmpshirT*^ 
Amherst, Belchertown, Chesterfield, Cummington, Enfield, 
Goshen, Granby, Greenwich, Hadley, Hatfield, ]Middlefield, 
Pelham, Plainfield, Prescott, South Hadley, Ware, Williams- 
burg and Worthington in the county of Hampshire shall 
constitute a district to be known as the Franklin and Hamp- 
shire District. 

The wards numbered two, three, four, five, six, seven and nlmpden 
eight in the city of Springfield and the towns of East Long- 
meadow and Longmeadow in the county of Hampden shall 
constitute a district to be known as the First Hampden 
District. 

The cities of Chicopee and Holyoke and the ward numbered nfmlfden. 
one in the city of Springfield in the county of Hampden 
shall constitute a district to be known as the Second Hamp- 
den District. 

Section 13. In case a new election is ordered during the vacancy 
present political year to fill any vacancy in the senate, such poiTtk^af^^^^^ 
election shall be held in the district which elected the senator mied.^"^ 
whose place is vacant as it existed prior to the passage of 
this act. 



280 



General Acts, 1916. — Chap. 270. 



Common- 
wealth 
divided into 
councillor 
districts. 



First. 



Second. 



Third. 



Fourth. 



Fifth. 



Sixth. 



Seventh. 



Eighth. 



Vacancy 
during present 
political year, 
hww filled. 



COUNCILLOR DISTRICTS. 

Section 14. For the purpose of choosing councillors 
until the next decennial apportionment, the commonwealth 
is hereby divided, agreeably to the provisions of the consti- 
tution, into eight districts, as hereinafter specified. 

Section 15. The Cape and Plymouth, the Plymouth, 
the Norfolk and Plymouth and the second and third Bristol 
senatorial districts shall constitute a district to be known as 
the First Councillor District. 

Section 16. The first Bristol, Norfolk, Norfolk and 
Suffolk, and the eighth and ninth Suffolk senatorial districts 
shall constitute a district to be known as the Second Council- 
lor District. 

Section 17. The second, third, fourth, sixth and seventh 
Suffolk senatorial districts shall constitute a district to be 
known as the Third Councillor District. 

Section 18. The first and fifth Suffolk and the second, 
third and fourth Middlesex senatorial districts shall consti- 
tute a district to be known as the Fourth Councillor District. 

Section 19. The first, second, third, fourth and fifth 
Essex senatorial districts shall constitute a district to be 
known as the Fifth Councillor District. 

Section 20. The first, fifth, sixth, seventh and eighth 
Middlesex senatorial districts shall constitute a district to 
be known as the Sixth Councillor District. 

Section 21. The first, second, third and fourth Worces- 
ter and the Worcester and Hampden senatorial districts 
shall constitute a district to be known as the Seventh Council- 
lor District. 

Section 22. The Berkshire, the Berkshire, Hampshire 
and Hampden, the Franklin and Hampshire and the first 
and second Hampden senatorial districts shall constitute a 
district to be known as the Eighth Councillor District. 

Section 23. In case a new election is ordered during 
the present political year to fill any vacancy in the council, 
such election shall be held in the district which elected the 
councillor whose place is vacant as it existed prior to the 
passage of this act. 



Representa- 
tives ap- 
portioned to 
several 
counties. 



APPORTIONMENT OF REPRESENTATR^S. 

Section 24. The two hundred and forty members of the 
house of representatives are hereby apportioned to the 
several counties, agreeably to the provisions of the constitu- 



General Acts, 1916. — Chaps. 271, 272. 281 

tion, until the next decennial apportionment, as follows : — 
To the county of Barnstable, three representatives; to the 
county of Berkshire, eight representatives; to the county of 
Bristol, nineteen representatives; to the county of Dukes 
County, one representative; to the county of Essex, thirty- 
one representatives; to the county of Franklin, four repre- 
sentatives; to the county of Hampden, fifteen representa- 
tives; to the county of Hampshire, four representatives; to 
the county of Middlesex, forty-eight representatives; to the 
county of Nantucket, one representative; to the county of 
Norfolk (excluding therefrom the town of Cohasset), thirteen 
representatives; to the county of Plymouth (including in 
addition the town of Cohasset), twelve representatives; to 
the county of Suffolk, fifty-four representatives; and to the 
county of Worcester, twenty-seven representatives. 

Section 25. In case a new election is ordered during Vacancy 
the present political year to fill any vacancy in the house of political year, 
representatives, such election shall be held in the district ^°'^ ^'®'^' 
which elected the representative whose place is vacant as 
it existed prior to the passage of this act. 

Section 26. This act shall take effect upon its passage. 

Apyroved May 26, 1916. 



An Act to provide for the t.\xation of certain forest (JJiar) 271 

PRODUCTS. 

Be it enacted, etc., as foUoivs: 

Section twentv-three of Part I of chapter four hundred }^^\'$^ho 

!• PI (>1 •Till ^^■^^ •'^' ^ 23, 

and ninety oi the acts or the year nmeteen hundred and etc., amended. 
nine, and amendments thereof, is hereby further amended 
by adding at the end thereof a new paragraph, to be num- 
bered "Eleventh", as follows: — 

Eleventh, Timber after severance from the soil, cord Taxation of 

1 IIP 1 1 . ,,..,. certain forest 

wood and other forest products, lymg and bemg m the city products. 
or town where they were grown, shall be assessed in that 
city or towTi to the owner thereof. 

Approved May 26, 1916. 

An Act to limit arrest on mesne process. Chav 272 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and ^c^kmenLd 
sixty-eight of the Revised Laws, as amended by chapter 
four hundred and eighty of the acts of the year nineteen 



282 General Acts, 1916. — Chap. 272. 

hundred and ten, is hereby further amended by striking 

out said section and inserting in place thereof the following: 

Arrest on mesne — SectioTi 1. No pcFson shall be arrcstcd on mesne process 

process m i i i • • a> • i p • 

actions of con- uuicss the planitiii, or, m the case or a corporation, an 
officer thereof, makes affidavit and proves to the satisfaction 
of the court to which the writ is returnable or a justice 
thereof: — 

First. That one of the parties is a resident of or has a 
usual place of business in this commonwealth, and, except 
in actions upon negotiable instruments, that the plaintiff is 
an original party to the cause of action or his executor or 
administrator; 

Second. That he has a good cause of action and reason- 
able expectation of recovering a sum amounting to twenty 
dollars exclusive of costs which have accrued in any former 
action, in an action of contract, or an amount equal at least 
to one third of the damages claimed in the WTit in an action 
of tort; 

Third. That he believes and has reason to believe that 
the defendant intends to leave the commonwealth so that 
execution, if obtained, cannot be served upon him; 

Fourth. That he does not know of any property of the 
defendant within the commonwealth which can be reached 
by attachment or otherwise, sufficient to satisfy any judg- 
ment he may recover; 

Fifth. That he believes and has reason to believe that the 
defendant has property, not exempt from being taken on 
execution, which he does not intend to apply to the pay- 
ment of the plaintiff's claim; 

Or, instead of the Third, Fourth and Fifth, that the de- 
fendant is an attorney-at-law, or a person, member of a 
firm, agency or association engaged in the business of collect- 
ing money, that the debt sought to be recovered is for 
money collected by the defendant for the plaintiff and 
that the defendant unreasonably neglects to pay the same 
to the plaintiff. 

Such affidavit, and the certificate of the court or justice 
that it is found to be true, shall be annexed to the writ. 
The court or justice may refuse such certificate if an arrest 
in the particular case would be unjust or unnecessary. An 
arrest shall not be made after sunset unless expressly au- 
thorized in the certificate for cause. 
Repeal. Section 2. Section two of chapter one hundred and 

sixty-eight of the Revised Laws is hereby repealed. 



General Acts, 1916. — Chap. 273. 283 

Section 3. Section four of chapter one hundred and ^- ^i^'*' § *- 

•1 e 1 Tt • 1 T •! i-ii amenaed. 

Sixty-eight or the Itevised Laws is hereby amended by 
striking out said section and inserting in place thereof the 
following: — Sectioti. 4- The court issuing the process Reduction of 
upon which the arrest was made, or a justice thereof, on ^'^ '^'^'^'^^■ 
motion may reduce the ad damnum of the writ, or, if the 
arrest was unjust or unnecessary, may discharge the de- 
fendant from arrest. 

Section 4. This act shall take effect on the first day of J^^^ °f ^^^^'^s 
September in the year nineteen hundred and sixteen. 

Ap'proved May 26, 1916. 

An Act relative to retiring and pensioning persons nj.nj. 973 

EMPLOYED IN THE PRISON SERVICE OF THE COaniON- ^ ' 

WEALTH. 

Be it enacted, etc., as follows: 

Chapter six hundred and one of the acts of the year nine- i908. eoi. § i, 
teen hundred and eight, as amended in section one by section ^^''" '^^'^'^'^'^• 
one of chapter six hundred and seventy-three of the acts of 
the year nineteen hundred and eleven, is hereby further 
amended by striking out said section one and inserting in 
place thereof the following: — Section 1. The board of Retiring and 

. . -x 1 r 1 -ji ii pensioning 

prison commissioners or its lawful successor, may, with the personsem- 
approval of the governor and council, retire from active pHso^n se'i-vice 
service and place upon a pension roll any officer of the mo*nwea°^". 
state prison, of the Massachusetts reformatory, of the 
prison camp and hospital, of the state farm, of the reforma- 
tory for women, or of any jail or house of correction, or any 
person employed to instruct the prisoners in any prison or 
reformatory, as provided in section forty-four of chapter 
two hundred and twenty-five of the Re\'ised Laws, or any 
other employee of the state prison, the Massachusetts 
reformatory or the prison camp and hospital who began 
employment as such officer or instructor or employee on or 
before June seventh, nineteen hundred and eleven, who 
has attained the age of sixty-five ye&vs or over and who 
has been employed in prison service in INIassachusetts, with 
a good record, for not less than twenty j<tears; or who, with- 
out fault of his own, has become permanently disabled by 
injuries sustained in the performance of his duty; or who 
has performed faithful prison service for not less than thirty 
years: provided, however, that no officer of the state farm Proviso. 
shall so be retired except upon the recommendation of the 



284 

Provisos, 



General Acts, 1916. — Chaps. 274, 275. 

trustees of that institution; and provided, jurther, that no 
officer of any jail or house of correction shall so be retired 
except upon the recommendation of the sheriff and county 
commissioners of the county, except in the county of Suffolk, 
where the recommendation as to the officers of the jail shall 
be made by the sheriff and the mayor of the city of Boston, 
and, as to the officers of the house of correction, by the 
penal institutions commissioner and the mayor of the city 
of Boston, and -provided, that no such officer, instructor or 
employee shall be retired unless he began employment as 
such officer, instructor or employee on or before June seventh, 
nineteen hundred and eleven. Approved May 26, 1916. 



Disposition of 
certain returns 
made to 
supervisor of 
loan agencies. 



Chap. 21 4: An Act relative to the disposition of certain re- 
turns MADE TO THE SUPERVISOR OF LOAN AGENCIES. 

Be it enacted, etc., as follows: 

Section 1. Returns made by persons, corporations and 
associations to the supervisor of loan agencies under the 
provisions of section five of chapter seven hundred and 
twenty-seven of the acts of the year nineteen hundred and 
eleven may be destroyed or disposed of by order of the said 
supervisor after the lapse of three years from the date of 
their receipt, and any proceeds received in the course of 
their disposal shall be paid into the treasury of the com- 
monwealth. 

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

Approved June 1, 1916. 



Chap.275 An Act to establish the salary of the present 

SECRETARY OF THE INDUSTRIAL ACCIDENT BOARD. 

Be it enacted, etc., as jollows: 

Section 1. The salary of Robert E. Grandfield, as 
secretary of the industrial accident board, shall be four 
thousand dollars a year so long as he shall continue to serve 
in that capacity; but the salary of his successor shall be 
three thousand dollars a year. 

Section 2. So much of section two of Part III of chapter 
seven hundred and fifty-one of the acts of the year nineteen 
hundred and eleven, as amended by section seven of chapter 
five hundred and seventy-one of the acts of the year nine- 
teen hundred and twelve, and by section one of chapter 



Salary of 
present 
secretary of 
industrial acci- 
dent board 
established. 



Repeal. 



General Acts, 1916. — Chaps. 276, 277. 285 

forty-eight of the acts of the year nineteen hundred and 
thirteen, as is inconsistent herewith, is hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved June 1, WW. 



Chap.276 



An Act relatr^e to the probate office of the county 
of middlesex. 

Be it enacted, etc., as Jolloivs: 

Section 1 . Section one of chapter forty-one of the i9i5, 4i (O, 
General Acts of the year nineteen hundred and fifteen is ' ^"^^'^ ^ 
hereby amended by striking out all after the words "from 
the", in the fifth line, and inserting in place thereof the 
words : — treasury of the commonwealth from the ordinary 
revenue, — so as to read as follows : — Section 1 . The cierk in pro- 
register of probate and insolvency for the county of Middle- of Middlesex 
sex may, with the approval of the judges of probate for appomtment, 
said county, appoint a clerk who shall receive a salary of ^*'^- 
fourteen hundred and eighty-five dollars a year, payable 
from the treasury of the commonwealth from the ordinary 
revenue. 

Section 2. The salary of the third assistant register of f fjf/t^jft *^''''^ 
probate and insolvencv for the countv of jNJiddlesex shall register 

1 , ,1 1 1 n ' "" established. 

be two thousand dollars a year. 
Section 3. This act shall take effect upon its passage. 

Approved June 1, WW. 



An Act to establish the salary of henry D. COOLIDGE ryi c^rj^j 

AS CLERK OF THE SENATE ANT) THE SALARY OF JAMES ^* 

W^ KIMBALL AS CLERK OF THE HOUSE OF REPRESENTA- 
TIVES. 

Be it enacted, etc., as follows: 

Section 1. The salary of Henry D. Coolidge as clerk Salaries of 
of the senate and the salary of James W. Kimball as clerk cooiidg?and 
of the house of representatives shall each be four thousand Ktobaiies- 
dollars a year. tabUshed. 

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

Approved June 1, 19 W. 



286 



General Acts, 1916. — Chaps. 278, 279, 280. 



Appointment 
of assistant 
engineers at 
ttie state 
prison. 



Chap. 27 S An Act relative to the appointment of assistant 

ENGINEERS AT THE STATE PRISON. 

Be it enacted, etc., as follows: 

Section 1. There shall be not more than three assistant 
engineers at the state prison whose salaries shall not exceed 
eleven hundred dollars per annum. 

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

Approved June 1, 1916. 

Chap.279 An Act relative to certain returns and applications 
made to the adjutant general. 

Be it enacted, etc., as foUoivs: 

«!tums. etc., Section 1. Returns made by city and town clerks to 

^'^uta^nt *^^ adjutant general under the provisions of section eight 

general may be of chapter six hundred and four of the acts of the year nine- 

OGstrovGQ. • • * 

teen hundred and eight, and applications for the use of 
armories made under the provisions of chapter seven hundred 
and fifty-one of the acts of the year nineteen hundred and 
fourteen and chapter thirty-one of the General Acts of the 
year nineteen hundred and fifteen may, after the lapse of 
one year from the date of their receipt, be destroyed or dis- 
posed of by order of their lawful custodian, and any pro- 
ceeds received in the course of their disposal shall be paid 
into the treasury of the commonwealth. 

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

Approved June 1, 1916. 

Chap. 280 An Act to establish harbor lines in weymouth fore 

RIVER ABOVE QUINCY POINT BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Harbor lines in Weymouth Fore river above 
Quincy Point bridge, so-called, are hereby established as 
follows : — For the line on the westerly or Quincy side of 
the river, beginning at a point on the southerly side of the 
Quincy Point bridge, so-called, in latitude forty-two degrees, 
fourteen minutes, forty-one and seven tenths seconds north, 
and longitude seventy degrees, fifty-eight minutes, seven 
and three tenths seconds west; thence south thirteen de- 
grees, thirty-four minutes, thirty-five seconds west two 
hundred and eight and twenty-eight hundredths feet to a 
point near the southeasterly corner of the wharf of the 



Harbor lines 
in Weymouth 
Fore river 
above Quincy 
Point bridge 
established. 



General Acts, 1916. — Chap. 281. 287 

heirs of Cyrus Patch, in latitude forty-two degrees, fourteen 
minutes, thirty-nine and seven tenths seconds north, and 
longitude seventy degrees, fifty-eight minutes, seven and 
ninety-five hundredths seconds west; thence south nineteen 
degrees, twenty-nine minutes, eleven seconds west two 
thousand two hundred ninety-seven and ninety-one hun- 
dredths feet to a point in latitude forty-two degrees, fourteen 
minutes, eighteen and three tenths seconds north, and 
longitude seventy degrees, fifty-eight minutes, eighteen and 
fourteen hundredths seconds west; thence due west seven 
hundred feet to a point; thence due north thirty feet, more 
or less, to a point in the shore line of Hayward's creek, so- 
called. 

For the line on the easterly or Weymouth side of the Harbor line on 
river, beginning at a point on the southerly side of the w^ymou^h^^^ 
Quincy Point bridge, so-called, in latitude forty-two de- esTabilshed. 
grees, fourteen minutes, forty and fifteen hundredths seconds 
north, and longitude seventy degrees, fifty-seven minutes, 
fifty-nine and seven tenths seconds west; thence south nine 
degrees, nine seconds west one thousand nine hundred fifty- 
six and five tenths feet to a point in latitude forty-two 
degrees, fourteen minutes, twenty-one and six hundredths 
seconds north, and longitude seventy degrees, fifty-eight 
minutes, three and seventy-seven hundredths seconds west; 
thence due east five hundred feet to a point; thence due 
north about one hundred and fifty feet, more or less, to a 
point in the shore line. 

The bearings and geographical positions used in the Authorities for 
foregoing description are based on the elements of Clarke's ^^"^s^*®^"- 
Spheroid and the astronomical data adopted by the United 
States Coast and Geodetic Survey in the year eighteen hun- 
dred and eighty. 

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

Ay^roved June 1, 1916. 



Chap.281 



An Act relative to the disposition of certain re- 
turns, COPIES AND STATEMENTS MADE TO THE TAX COM- 
MISSIONER. 

Be it enacted, etc., as follows: 

Section 1 . Returns made to the tax commissioner under certain returns, 
the provisions of section two of chapter three hundred and tlxc^?^*" 
forty-two of the acts of the year nineteen hundred and CJdlstroyTd.^ 
nine, copies, returns and statements made under the pro- 



288 General Acts, 1916. — Chaps. 282, 283. 

Certain returns, visions of scctions sixty, ninety-three and ninety-five of 
taxcmSmIs- Part I of chaptcF four hundred and ninety of the acts of the 
deSro^df ^° year nineteen hundred and nine, and amendments thereof, 
returns and copies made under the provisions of sections 
eight, fourteen, twenty-two, twenty-four, thirty-four, thirty- 
seven, forty, fifty-two, seventy-two and seventy-eight of 
Part III of chapter four hundred and ninety of the acts of 
the year nineteen hundred and nine, and amendments 
thereof, and returns made under the provisions of chapter 
two hundred and seventeen of the General Acts of the year 
nineteen hundred and fifteen, may, after the lapse of five 
years from the date of their receipt, be destroyed or disposed 
of b}'^ order of their lawful custodian, and any proceeds 
received in the course of their disposal shall be paid into the 
treasury of the commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved June 1, 1916. 

Chap. 282 An Act to establish the salaey of john e. mackinnon 

AS AN ASSISTANT CLERK OF COURTS OF THE COUNTY OF 
MIDDLESEX. 

Be it enacted, etc., as follows: 
Salary of John SECTION 1. The Salary of John R. MacKinnon, an 

R. MacKinnon . i i p pi p -i\ r. i ii 

established. assistaut clcrK oi courts 01 the county oi Middlesex, may, 

with the approval of the county commissioners of the county 

of Middlesex, be increased to twenty-two hundred dollars 

a year. 

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

Approved June 1, 1916. 

Chap. 283 An Act relative to the grafton state hospital. 

Be it enacted, etc., as foUoivs: 

Acts^reiative SECTION 1. Scction two of chapter six hundred and 

state hospital scvcnty-nine of the acts of the year nineteen hundred and 
twelve, as amended by chapter four hundred and fifty-six 
of the acts of the year nineteen hundred and fourteen, and 
by chapter one hundred and seventy of the General Acts 
of the year nineteen hundred and fifteen, and sections three 
and four of the said chapter six hundred and seventy-nine 
are hereby repealed. 
Section 2. This act shall take effect upon its passage. 

Approved June 1, 1916. 



repealed. 



General Acts, 1916. — Chap. 284. 289 

An Act to ajmend the laws relating to the militia. (JJidj) 284 
Be it enacted, etc., as follows: 

Section 1 . Section thirteen of chapter six hundred and amended ^ *^' 
four of the acts of the year nineteen hundred and eight is 
hereby amended by striking out the said section and in- 
serting in place thereof the following: — Section 13. The Adjutant 
adjutant general, as chief of staff for the land forces and as miiiTia, °^ *^^ 
chief of the department of naval militia, shall be charged duties, etc. 
with carrying out the policies of the commander-in-chief, 
and shall issue orders in the name of the commander-in- 
chief. Except in those cases where by law or regulations 
specific powers are conferred on the adjutant general as 
such, he shall have no authority independently of the com- 
mander-in-chief, from whom his orders shall be considered 
as emanating, and his acts shall be regarded as in execution 
of the orders of the commander-in-chief. 

All orders and instructions, and all regulations for the Orders, etc., 
government of the militia and of the officers and enlisted ^^"^^^ -^ 
men therein, shall be issued by and communicated to the 
commands and individuals in the military service through 
the adjutant general, as chief of staff, and the department 
of naval militia. 

The adjutant general shall obey all orders from the com- Returns and 
mander-in-chief, and , shall make such returns and reports '^p""^- 
as may be prescribed by the commander-in-chief or required 
by the laws or regulations of the commonwealth or of the 
United States. 

Section 2. Any officer or enlisted man may temporarily Temporary 
be detailed or assigned to duty by the commander-in-chief duty?Sr*^^° 
with commands other than his own, or in departments or 
corps, or he may be detailed for any special duty by compe- 
tent authority. 

The commander-in-chief may detail or assign national Commander- 
guard officers or enlisted men to temporary duty with the detail or assign 
naval militia, or naval militia officers and enlisted men to men^'to certain 
temporary duty with the national guard. Courts and '^"^y-^*"- 
boards of the national guard or naval militia shall be con- 
ducted in accordance with the regulations governing courts 
and boards in the national guard or naval militia, respectively, 
whether all the officers acting as members thereof are from 
that branch of the service or wholly or in part from the 
other branch of the service. 



290 



General Acts, 1916. — Chap. 284. 



1908, 604, § 22, 
etc., amended. 



Naval militia. 



1908, 604, § 39, 
etc., amended. 



Quartermaster 
general, 
duties, etc. 



Transporta- 
tion, etc. 



1908, 604, § 42, 
etc., amended. 



Section 3. Section twenty-two of chapter six hundred 
and four of the acts of the year nineteen hundred and eight, 
as amended by section one of chapter six hundred and 
seventy of the acts of the year nineteen hundred and eleven, 
by section one of chapter five hundred and six of the acts 
of the year nineteen hundred and twelve and by section 
one of chapter seven hundred and eighteen of the acts of 
the year nineteen hundred and fourteen, is hereby further 
amended by striking out the said section and inserting in 
place thereof the following: — Section 22. (a) The naval 
militia and the organizations thereof shall continue as at 
present constituted, until changed by the commander-in- 
chief under authority conferred by law. 

(b) The duty of the naval militia may be performed 
afloat. 

(c) Detachments of an engineer division may be recruited 
and stationed in separate cities and towns. 

(d) A division in the naval militia shall be subject to all 
the laws applying to companies of the militia. 

Section 4. Section thirty-nine of chapter six hundred 
and four of the acts of the year nineteen hundred and eight, 
as amended by section two of chapter three hundred and 
forty-eight of the acts of the year nineteen hundred and 
ten, by section one of chapter seven hundred and forty- 
seven of the acts of the year nineteen hundred and eleven 
and by section one of chapter seven hundred and thirty- 
three of the acts of the year nineteen hundred and thirteen, 
is hereby further amended by adding at the end thereof 
the following new paragraphs : — Such officer or officers as 
the commander-in-chief may designate shall have the super- 
vision and control of all clothing, equipment and other 
naval property, both state and federal, issued to, drawn or 
purchased for the use of the naval militia. Such clothing, 
equipment and other naval property, shall be purchased, 
drawn and issued as the commander-in-chief may direct. 

Such officer or officers as the commander-in-chief may 
designate shall procure and provide transportation for the 
naval forces and its equipment and other property, under 
such regulations as the commander-in-chief may prescribe. 

Section 5. Section forty-two of chapter six hundred 
and four of the acts of the year nineteen hundred and eight, 
as amended by section one of chapter two hundred and 
ninety-nine of the acts of the year nineteen hundred and 
ten, by section one of chapter two hundred and sixty-eight 



General Acts, 1916. — Chap. 284. 291 

of the acts of the year nineteen hundred and twelve, by 
section one of chapter seven hundred and fifteen of the 
acts of the year nineteen hundred and fourteen and by 
section one of chapter seventy-one of the General Acts of 
the year nineteen hundred and fifteen, is hereby further 
amended by striking out the first paragraph and inserting 
in place thereof the following: — Section 42. The staff of ^erfa'inS*"^ 
the commander-in-chief shall be appointed by him. The '^Y^' ^°"^ 
staff* of a brigade shall be appointed by the brigadier general 
commanding; the staff of a regiment, squadron of cavalry, 
or corps of cadets, by the commander thereof; the captains, 
first lieutenants, second lieutenants and chaplain allowed to 
the headquarters of the coast artillery corps shall be ap- 
pointed by the chief of coast artillery, and they shall be 
commissioned by the commander-in-chief on the request of 
the appointing officer. The staff of a naval brigade or of an 
administrative naval battalion shall be appointed by the 
commander thereof; and they shall be commissioned by 
the commander-in-chief on the request of the appointing 
officer. 

Section 6. Section forty-four of chapter six hundred amended ^ ^' 
and four of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the said section and in- 
serting in place thereof the following: — Section 44. {^) otlh^u^^^i 
The following officers of the national guard shall be elected guard to be 
by ballot: brigadier generals, by the field officers of the baUot. 
respective brigades; field officers of regiments, the coast 
artillery corps, battalion of field artillery, squadron of 
cavalry and of corps of cadets, by the captains and lieutenants 
of the several companies of the respective regiments, separate 
battalion, squadron, or corps; captains and lieutenants of 
companies, by the written votes of the enlisted men of the 
respective companies, except that in the corps of cadets, 
captains and lieutenants shall be elected by the written 
votes of the enlisted men of the respective corps. 

(b) The commanding officer of an administrative naval officersof 
battalion shall be elected by the company officers of the andnavai 
battalion. The other line officers of the battalion, except cholen^' °^ 
company officers, shall be appointed by the commander of 
the battalion. The commanding officer of a naval brigade 
composed of administrative naval battalions shall be elected 
by the elected line officers of the brigade. The other line 
officers of such naval brigade, except battalion and company 
officers, shall be appointed by the commander of the brigade. 



292 



General Acts, 1916. — Chap. 284. 



Line oflScers, 
commissions. 



Naval militia 

oiBcers, 

election. 



190S, 604, § 57 
amended. 



Acceptance 
of one office 
to vacate office 
previously 
held. 



Retired officers 
exempt from 
certain ex- 
aminations. 



1912, 464, § 8, 
amended. 



Certification of 
medical 
officers, etc. 



Oaths. 



Chief petty 
officers, etc., 
appointment, 
etc. 



Line officers appointed under the provisions of this section 
shall be commissioned by the commander-in-chief on the 
request of the appointing officers. 

Officers of companies in the naval militia shall be elected 
by the written votes of the enlisted men of the respective 
companies. 

Section 7. Section fifty-seven of chapter six hundred 
and four of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the said section and in- 
serting in place thereof the following : — Section 57. The 
acceptance of one office in the volunteer militia shall, for 
the purpose of election, vacate another office therein 
previously held by the same person; but the officer shall 
serve until his successor is qualified, if so ordered by his 
regimental, battalion or squadron commander, or by the 
commander-in-chief. If an officer is so ordered to serve, he 
shall do so by virtue of his old commission, and with the 
rate of pay of the old commission, inasmuch as he cannot 
exercise command or enter upon the performance of the 
duties of his new commission until he has taken and sub- 
scribed the oath of office. 

Section 8. Retired officers in the volunteer militia shall 
be exempt from the examinations required by chapter four 
hundred and sixty-four of the acts of the year nineteen 
hundred and twelve as amended. 

Section 9. Section three of chapter four hundred and 
sixty-four of the acts of the year nineteen hundred and 
twelve is hereby amended by striking out the said section 
and inserting in place thereof the following: — Section 3. 
Medical officers and veterinarians shall appear before a 
board consisting of three medical officers convened by the 
commander-in-chief, which shall certify the competency of 
such officer or give its reasons for refusing so to certify, and 
in case of a refusal it shall transmit the complete record, 
with its reasons for refusal, to the commander-in-chief. 
It shall administer to medical officers and veterinarians the 
oaths prescribed by section seventy-three of chapter six 
hundred and four of the acts of the year nineteen hundred 
and eight. 

Section 10. The commander-in-chief shall provide in 
regulations issued by him, how and by whom chief petty 
officers, petty officers and other rated men in the naval 
militia shall be appointed, warranted and reduced. 



General Acts, 1916. — Chap. 284. 293 

Section 11. Section eighty-two of chapter six hundred amended ^ **^' 
and four of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the said section and in- 
serting in place thereof the following: — Section 82. All fj'^f^®"*' 
soldiers, except non-commissioned staff officers, shall be P"vates. 
enlisted and mustered in as privates. 

All enlisted men of the naval militia shall be enlisted and ^'f.^f' miutia. 

, enlistment, etc. 

mustered with such rank or ratmg as the commander-in- 
chief may prescribe. 

Section 12. In time of war, or when the volunteer Recruiting 
militia is called into active service of the United States for ''^p^*^- ^*'=- 
any reason, and is on duty at some point other than its 
regularly established armory or location, the commander- 
in-chief is authorized to establish recruiting depots and to 
detail officers as recruiting and mustering officers, and such 
officers so detailed shall have authority to enlist and muster 
in enlisted men for all units of the volunteer militia on such 
duty. 

Section 13. Section one hundred and eight of chapter igos, 604, § los. 
six hundred and four of the acts of the year nineteen hundred ^'"®°*^®'^- 
and eight is hereby amended by striking out the said section 
and inserting in place thereof the following: — Section lOS. Uniforms to 

mi •!• p ^ • 1 1 11 1 •!• • conform to that 

ihe uniform or the national guard and the naval mihtia of regular 
shall conform as nearly as practicable to that of the regular of united 
army or navy of the United States, respectively, as may be ^ ^''' ^ ''' 
prescribed by the commander-in-chief. No uniforms, except 
required yearly supplies, shall be provided by the common- 
wealth without a special appropriation for that purpose, and 
they shall be purchased under such inspection as the com- 
mander-in-chief may direct. 

" Section 14. Section two hundred and one of chapter loos, co4, § 201. 
six hundred and four of the acts of the year nineteen hundred ^"'^'^'^''^■ 
and eight is hereby amended by striking out the said section 
and inserting in place thereof the following: — Section 201. bond"'*"*^'^ ^ 
Every officer regularly assigned to the duty of paying troops, 
and the pa^inasters of the naval militia shall give bond in 
the penal sum of ten thousand dollars, with such surety or 
sureties as may be approved by the governor and council, 
conditioned faithfully to perform the duties of their office. 

Section 15. The chief quartermaster of the quarter- Rights, duties, 
master corps of the militia and the chief surgeon of the office'Js.''^'^ 
medical department of the militia shall have, respectively, 
all the rights, duties, powers and obligations conferred and 



294 



General Acts, 1916. — Chap. 285. 



Chief quarter- 
master, rights, 
duties, etc. 



" Naval 

brigade," 

defined. 



Certain words 
stricken out of 
laws. 



imposed by law upon the quartermaster general and the 
surgeon general, respectively. 

The chief quartermaster of the quartermaster corps of the 
militia shall also have all the rights, duties, powers and 
obligations conferred and imposed by law upon the pay- 
master general and the commissary general. 

Section 16. (a) The words "naval brigade" as they 
appear in sections eighty-three, eighty-seven, eighty-eight, 
one hundred and fifty-one, one hundred and fifty-seven, one 
hundred and fifty-eight, one hundred and fifty-nine, one 
hundred and sixty- one, one hundred and seventy-two and 
one hundred and eighty-five of chapter six hundred and four 
of the acts of the year nineteen hundred and eight as amended, 
and in section one of chapter six hundred and fifty-nine of 
the acts of the year nineteen hundred and thirteen, shall 
be held to include and apply to an administrative naval 
battalion. 

(b) The words "or naval brigade" and "except in the 
naval brigade" in section thirty-one, the words "the naval 
brigade" in sections seventy-four and eighty, and the words 
"or of the naval brigade" in section one hundred and 
ninety-eight, all said sections being in chapter six hundred 
and four of the acts of the year nineteen hundred and eight as 
amended, are hereby stricken out of said sections. 

Approved June 1, 1916. 



Chap. 2^^ An Act to abolish the state board of insanity and 

TO ESTABLISH THE MASSACHUSETTS COMMISSION ON 
MENTAL DISEASES. 

Be it enacted, etc., as follows: 

Section 1. The state board of insanity, existing under 
authority of chapter eighty-seven of the Revised Laws and 
acts in amendment thereof and in addition thereto, is hereby 
abolished. All the rights, powers and duties of said board 
are hereby transferred to and shall hereafter be vested in 
and exercised by the commission on mental diseases, estab- 
lished hereunder, which shall in all respects be the lawful 
successor of said board. Immediately upon the appointment 
and qualification of said commission and the taking effect 
of this act under the provisions of section nine, all books, 
papers, maps, plans, charts, records and all other docu- 
ments or equipment in the possession of said board shall 
be delivered to said commission. All the present employees 



State board of 

insanity 

abolished. 



Commission 
on mental 
diseases es- 
tablislied. 



General Acts, 1916. — Chap. 285. 295 

of the board of insanity shall continue to perform their usual 
duties upon the same terms and conditions unless suspended 
or removed under the provisions of the civil service rules. 

Section 2. The commission on mental diseases shall ofTJm"'^'^ 
consist of a director, and four associate members, all of mission, etc. 
whom shall be appointed by the governor, with the advice 
and consent of the council, — the director, for a term of 
five years, and the associate members for terms of one, two, 
three and four years, respectively, from the date of appoint- 
ment, as the governor shall designate. Thereafter the Appointment. 
governor shall annually appoint, in like manner, an associate 
member for a term of four years, and every fifth year, a 
director; shall fill all vacancies for the unexpired term, and 
may, for cause and with the consent of the council, remove 
said members. The director, and at least two of the associate 
members, shall be physicians and experts in the care and 
treatment of the insane. The director shall receive such 1?'^^°^^, 
salary, not exceeding seven thousand five hundred dollars, 
as the governor and council shall determine. The associate 
members shall serve without compensation, but they, and 
the director, shall be reimbursed for expenses necessarily 
incurred in the performance of their duties. 

Section 3. The commission shall have general super- Powers and 
vision of all public and private institutions and receptacles commission, 
for insane, feeble-minded or epileptic persons, or for persons 
addicted to the intemperate use of narcotics or stimulants, 
except the Norfolk state hospital and the Hospital Cottages 
for Children at Baldwinsville. When so directed by the 
governor they may assume and exercise the powers of the 
board of trustees of any state institution under their super- 
vision in any matter relative to the conduct or management 
thereof. The commission shall have the same powers relative 
to state charges in institutions or other places under its 
supervision, and to their property, as are vested in towns 
and overseers of the poor in the matter of the support and 
relief of paupers. 

Section 4. The director shall be the administrative and £'ecu*°Je*head 
executive head of the commission. He shall administer the etc., duties, etc. 
laws relative to the classes of persons in the institutions 
under the supervision of the commission, shall prepare 
rules and regulations for its consideration, shall appoint 
such agents and subordinate officers as the commission may 
deem necessary, and shall fix their compensation, subject 
to the approval of the governor and council. 



296 



General Acts, 1916. — Chap. 285. 



Visits to in- 
stitutions by 
commission. 



Licenses to 
priv^ate 
hospitals for 
treatment of 
insane, etc. 



Foca. 
Penalty. 



Repeal. 



Time of taking 
effect. 



Section 5. The commission shall visit every institution 
under its supervision at least once a year, and oftener if the 
governor so directs. It shall ascertain by actual examination 
and inquiry whether the laws relating to the persons in 
custody or control therein are properly observed, shall give 
such directions as will insure correctness in the returns 
required in respect to such persons, and may use all necessary 
means to collect all desired information. The commission 
shall carefully inspect every part of the institution visited 
with reference to its cleanliness and sanitary condition, the 
number of patients in seclusion or restraint, the dietary of 
the patients and any other matters which it may consider 
material, and shall offer to every patient an opportunity 
for an interview with its visiting members or agents. 

Section 6. The commission may annually license any 
suitable person to establish and maintain a hospital or 
private house for the care and treatment of the insane, 
epileptic, feeble-minded, and persons addicted to the in- 
temperate use of narcotics or stimulants, and may at any 
time revoke the license. No such license shall be granted 
unless the said commission is satisfied, after investigation, 
that the person applying therefor is a duly qualified physician, 
as provided in section thirty-two of chapter five hundred 
and four of the acts of the year nineteen hundred and nine, 
and has had practical experience in the care and treatment 
of such patients. Licenses granted hereunder shall expire 
with the last day of the calendar year in which they are 
issued, but may be renewed. The board shall have power to 
fix reasonable fees for said licenses upon renewals thereof. 

Section 7. Whoever after the first day of January in the 
year nineteen hundred and seventeen establishes or main- 
tains such a hospital or private house, unless duly licensed 
under authority of this act, shall be guilty of a misdemeanor 
and shall be punished by a fine of not more than five hundred 
dollars. 

Section 8. So much of chapter seven hundred and 
sixty-two of the acts of the year nineteen hundred and 
fourteen as is inconsistent herewith is hereby repealed. 
• Section 9. So much of this act as authorizes the ap- 
pointment of a commission on mental diseases shall take 
effect upon its passage. The other provisions hereof shall 
take effect upon the appointment and qualification of the 
members thereof, but not before the first day of August, 
nineteen hundred and sixteen. Approved June 1, 191G. 



General Acts, 1916. — Chap. 286. 297 



An Act to provide for the construction by counties Cha'f).2SQ 
OF tuberculosis hospitals for cities and towns 

HAVING LESS THAN FIFTY THOUSAND INHABITANTS. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of each county certain 
in the coimnonwealth, except Suffolk, Nantucket and Dukes provide^ 
County, are hereby authorized and directed to provide hospitabfor 
adequate hospital care for all those persons residing in cities cfues'and 
or towns having less than fifty thousand population, as de- towns. 
termined by the latest United States census, within the 
boundaries of their respective counties and suffering from 
consumption, who are in need of such hospital care and for 
whom adequate hospital provision does not already exist. 
The said hospital provision shall be available for patients Time when 
on or before the first day of January, nineteen hundred and 
eighteen; but if, in order to comply with the provisions of 
this section, it is necessary for any county to construct a 
new building at an expense exceeding ten thousand dollars, 
including any necessary payment for land, or to make sub- 
stantial additions to or alterations in an existing building at 
an expense exceeding ten thousand dollars, such new con- 
struction, addition or alteration need not be completed until 
the first day of September, nineteen hundred and eighteen. 

Section 2. A contract entered into before January first Making of 

B.i -iiiii ip j_ p contracts for 

or the year nmeteen hundred and seventeen tor a term or supplying 
years not less than five nor more than twenty-five, and f ^m t^ies for 
approved by the state department of health after a petition ''"^"'np^'^es. 
made to the said department and a public hearing thereon, 
between (a) boards of county commissioners of two adjoining 
counties, or (b) boards of county commissioners of any 
county and the legally constituted authorities of any city 
within the same county, or (c) either county commissioners 
or the legally constituted authorities of cities of fifty thou- 
sand or more inhabitants and the trustees or authorities of 
any existing or future privately endowed tuberculosis institu- 
tion, or the trustees of any fund available for the purpose of 
supplying hospital facilities for persons suffering from con- 
sumption, for the express purpose of supplying, within a 
reasonable time as provided in the conditions of approval 
of the state department of health, and guaranteeing adequate 
hospital provision for consumptives coming under the pro- 
visions of this act, shall be held to be satisfactory compliance 



298 



General Acts, 1916. — Chap. 286. 



Proviso. 



"Adequate" 
hospital 
provision, 
term defined. 



Exemptions. 



County com- 
rnissioners to 
erect one or 
more hospitals. 



with the provisions of this act for such counties, sections of 
counties, or for such cities or classes of individuals, as the 
case may be, as are designated in the contract; and such 
contracts shall, subject to the approval of the state depart- 
ment of health, be renewable upon such terms as shall be 
satisfactory to the contracting parties: provided, hoivever, 
that if such contracts are not renewed and approved by the 
state department of health at least nine months before their 
expiration, or if the contracts are renewed and the state 
department of health shall refuse approval on the ground 
that by reason of changed circumstances the contract will 
be inadequate properly to protect the public health of the 
communities affected by it, and the contracting parties fail 
within six months before the time when the previous contract 
expires to agree to a renewal of the contract upon terras 
approved by the state department of health, the duties and 
obligations relative to supplying adequate hospital care for 
such counties, or sections of counties, cities or classes of 
individuals imposed upon county commissioners and city 
governments by this act shall be in full force and effect. 

Section 3. "Adequate" hospital provision for con- 
sumptives within the meaning of this act shall be held to 
mean at least one such hospital bed for each two deaths 
from consumption in the county, counties, parts of a county, 
or cities served by such hospitals, as the case may be, as 
determined by computing the average number of deaths 
from consumption per annum for the years nineteen hundred 
and eleven to nineteen hundred and fifteen, inclusive, in the 
communities served by such hospitals, and by a similar 
quinquennial computation by the state department of 
health thereafter. 

Section 4. Cities having more than fifty thousand 
inhabitants within the meaning of this act, and also cities 
and towns having less than fifty thousand inhabitants 
within the meaning of this act but already possessing and 
continuing to furnish adequate tuberculosis hospital pro- 
vision according to section three, shall be exempt from the 
provisions of this act and shall not be required to pay any 
part of the county tax which is assessed in order to comply 
with the provisions of this act. 

Section 5. County commissioners are authorized and 
directed, subject to the approval of the state department of 
health, to erect one or more hospitals within their respective 
counties to carry out the provisions of this act, or they may 



General Acts, 1916. — Chap. 286. 299 

in the case of counties having a total population of less than county com- 
fifty thousand inhabitants, as determined by the latest may contract 
United States census, arrange to obtain tuberculosis hospital ronSmptivea 
care for those consumptives coming within their jurisdiction counties!* 
by entering into a contract with a tuberculosis institution 
in a neighboring county in accordance with the provisions 
of section two. No new tuberculosis hospital shall be erected 
under the provisions of this act having a total capacity of 
less than fifty beds. 

Section 6. County commissioners are authorized and nioney!°etc. 
directed in carrying out the provisions of this act, to raise 
and expend such sums of money for acquiring land and con- 
structing and equipping hospitals, and for the purchase, 
alteration and enlargement of existing buildings, as may be 
necessary to carry out the provisions of this act. They are. 
authorized to borrow on the credit of the county the said 
sums of money, and to issue the notes of the county therefor, 
with interest at a rate not exceeding five per cent per annum, Rate of 
payable semi-annually. The notes shall be signed by the 
county treasurer and countersigned by a majority of the 
county commissioners. The county may sell the said se- 
curities at public or private sale on such terms or conditions 
as may be deemed proper, but the proceeds shall be used 
only for the purposes specified by this act. Said notes may 
be renewed from time to time until such time as all the 
cities and towns liable have paid to the county treasurer the 
amounts assessed. All reimbursement from cities and 
towns shall be applied to the payment of temporary debt 
incurred under the provisions of this act by said counties. 

Section 7. When the hospital is completed and equipped, Jo°tT^ittes'* 
the county commissioners shall determine the cost of the and towns, 
same, together with the interest paid or due on the bonds 
or notes issued therefor, and shall apportion the same to 
the several cities and towns that are liable under this act, 
in accordance with their valuation used in assessing the 
county taxes. And each of the cities and towns liable under 
this act to contribute to the construction and equipment of 
said hospital, shall pay its proportion of said expenses into 
the treasury of the county in such manner and in such in- 
stalments as the county commissioners shall, by a special 
order direct; and if any city or town shall neglect or refuse Remedy for 
to pay its proportion as required by said order, the county proportion^of^ 
commissioners shall, after notice to the city or town, and *'°^*" 
unless sufficient cause is shown to the contrary, issue a 



300 



General Acts, 1916. — Chap. 286. 



Cities and 
towns may 
issue bonds. 



County to 
provide for 
care, etc., of 
hospital by 
apportionment 
of cost, etc. 



May purchase 
land, etc. 



Damages. 



warrant against the city or town for the sum which it was 
ordered to pay, with interest, and the costs of the notice 
and warrant; and the same shall be collected and paid into 
the county treasury, to be applied in payment of the ex- 
penses aforesaid. 

Section 8. Any city or town upon which any part of 
the expense of construction of said hospital shall have been 
assessed or apportioned by the county commissioners may 
incur indebtedness, and may issue bonds or other securities 
for the payment of their respective assessments, outside of 
their statutory debt limit. Such bonds or other securities 
shall be issued upon the serial plan, in accordance with the 
provisions of chapter seven hundred and nineteen of the 
acts of the year nineteen hundred and thirteen, so far as 
they apply, and shall be payable within twenty years after 
their respective dates of issue. 

Section 9. The county shall provide for the care, 
maintenance and repair of said hospital. In January of 
each year the county commissioners shall apportion the cost 
of the same for the previous year to the cities and towns 
liable under this act, in the same proportion in which the 
cost of the construction was assessed, and shall issue their 
warrant against the cities and towns for the amount or 
percentage for which the cities and towns are severally 
assessed to pay for the maintenance, care and repair of said 
hospital. The county may, thirty days after a demand in 
writing for payment, recover in an action of contract against 
any city or town liable to pay any part of the cost of con- 
struction, maintenance or repair of said hospital, the amount 
for which the same may be liable. 

Section 10. For the purpose of carrying out the pro- 
visions of this act county commissioners 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. 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. If land 
is taken by right of eminent domain, the county commis- 
sioners shall file in the registry of deeds for the district 
where the land is situated, a plan and description of the 
land taken sufficiently accurate for identification, where- 
upon title to the land shall vest in the county, to be held 
for said hospital district. 



General Acts, 1916. — Chap. 286. 301 

Section 1 1 . The county commissioners shall be trustees County com- 
of the hospitals erected under the provisions of this act, be trusted, 
shall make suitable regulations for their government, and ^^'^' 
shall appoint superintendents and such other officers and 
employees as may be necessary for the proper conduct of 
such hospitals. The superintendents and other physicians 
employed shall be appointed subject to the approval of the 
trustees of hospitals for consumptives. 

Section 12. Patients shall be admitted to the said pSJete! 
hospitals through application by the boards or departments 
of health of the cities and towns served by the hospitals. 
The charges for the support of patients shall be based on the 
actual cost of their care and treatment, exclusive of all 
interest or other expenses pertaining to the construction, 
equipment or permanent upkeep of the institution, which 
expenses shall be a charge against the county, as provided 
in section six. Patients may be admitted who pay for their 
care in whole or in part, on terms fixed by the trustees, or 
for whom such payment in whole or in part is made by 
others; but all patients shall be admitted in the order of 
their application, and no preference shall be given to paying 
patients over others. The charge for the support of the Payment by 
patient in any hospital established hereunder shall be paid towns? etc. 
by the city or town by which he is sent to the hospital, so 
far as the same or any part thereof is not paid by the patient, 
or in his behalf, as aforesaid. If the patient has no known 
settlement in the commonwealth the charge shall be paid 
by the commonwealth upon the approval of the bills by the 
state board of charity in the same manner as provided by 
chapter three hundred and eighty of the acts of the year 
nineteen hundred and nine. Such charges may afterward 
be recovered by the city or town or by the treasurer of the 
commonwealth, as the case may be, from the patient if he 
is able to pay, or from any person or kindred bound by 
law to maintain him, in the manner now provided by section 
ten of chapter four hundred and seventy-four of the acts of 
the year nineteen hundred and seven, as amended by chapter 
seventeen of the acts of the year nineteen hundred and 
twelve, for the recovery of unpaid charges for the support 
of inmates of the state sanatoria. All cities and towns pay- Payment to 
ing for the support of patients an amount exceeding fifty towns^for 
per cent of the actual cost of maintaining them in hospitals patien'^s.^^ 
erected, or utilized by contract, under the provisions of this 
act shall be entitled to any payment or repayments allowed 



302 



General Acts, 1916. — Chap. 286. 



Situation, 
plans, etc., to 
be approved 
by state de- 

Eartment of 
ealth. 

Official 
visitors, 
appointment, 
etc. 



Certain 
officials to act 
for district 
comprising 
cities of 
Chelsea and 
Revere and 
town of 
Winthrop. 



Act, how 
construed. 



under the laws of the commonwealth in the same manner 
and subject to the same conditions which now apply to the 
support of tuberculosis patients in a city or town tuberculosis 
hospital. 

Section 13. The situation, plans for construction and 
actual construction of any new hospitals or additions to any 
existing hospitals, provided for the piu'pose of carrying out 
the provisions of this act, shall be subject to the approval of 
the state department of health. The state department of 
health, for each hospital maintained by counties under the 
provisions of this act, and for each hospital caring under 
contract with county commissioners for tuberculosis patients, 
shall annually in January appoint from the inhabitants of 
the cities or towns served by the aforesaid hospitals an un- 
paid board of five official visitors, of whom two shall be 
women, whose duty it shall be to visit the said hospitals 
from time to time and to make such suggestions and recom- 
mendations relative to the improvement of their manage- 
ment, and to the efficient and humane care of patients, as 
they may deem proper, jointly to the county commissioners 
and the state district health officer within whose jurisdiction 
the institution is situated. 

Section 14. The mayors of the cities of Chelsea and 
Revere and the chairman of the board of selectmen of the 
town of Winthrop shall have and exercise, for the purposes 
of this act, the powers given to county commissioners, and 
they are hereby designated as a board of trustees for the 
tuberculosis hospital district comprising the cities of Chelsea 
and Revere and the town of Winthrop, and they are hereby 
authorized and directed to provide adequate hospital care 
for persons residing in the cities of Chelsea and Revere and 
the town of Winthrop suffering from consimiption who are 
in need of such hospital care in the same manner as county 
commissioners are directed in section one. 

Section 15. Nothing in this act shall be construed to 
repeal chapter five hundred and twenty-seven of the acts of 
the year nineteen hundred and thirteen, or chapter one 
hundred and fifty-three of the General Acts of the year 
nineteen hundred and fifteen, or section: thirty-five of chapter 
seventy-five of the Revised Laws and the amendments 
thereof, in so far as the said acts pertain to cities having a 
population of fifty thousand or more inhabitants within the 
meaning of this act, or in so far as such acts pertain to the 
care of diseases other than consumption or to the inspection 



General Acts, 1916. — Chaps. 287, 288. 303 

of institutions by the state district health officers; but so Repeal, 
much of the said acts as require cities and towns having 
less than fifty thousand population to make hospital pro- 
vision for tuberculosis patients is hereby repealed. 

Aj) proved June 1, 1916. 

An Act relative to the sal.\ries of the deputy (Jjidj) 287 

ASSISTANT district ATTORNEYS FOR THE SUFFOLK DIS- 
TRICT. 

Be it enacted, etc., as foUoivs: 

Section three of chapter four hundred and thirty-nine of etc*'' Amended 
the acts of the year nineteen hundred and ten, as amended 
by section one of chapter six hundred and two of the acts 
of the year nineteen hundred and thirteen, is hereby further 
amended by striking out the words "twenty-two hundred", 
in the thirteenth and fourteenth lines, and inserting in 
place thereof the words: — twenty-five hundred, — so as to 
read as follows: — Section 3. The district attorney for the Salaries of 
Suffolk district may, if in his opinion the interests of the aalsta^nt 
commonwealth so require, with the approval of the chief Attorneys for 
justice of the superior court, appoint two deputy assistant di\ficf°"' 
district attorneys in addition to the assistant district attorneys established. 
provided for in section two of this act. Said district attorney 
may at his pleasure remove any deputy assistant district 
attorney appointed under the provisions of this section. 
The amount of the annual salary of every deputy assistant 
district attorney appointed under the provisions of this 
section shall be fixed by said district attorney, with the 
approval of the chief justice of the superior court, but shall 
not exceed twenty-five hundred dollars for each deputy 
assistant district attorney, and said salary shall be paid 
out of the treasury of the commonwealth. 

Apjyroved June 1, 1916. 



Chap.28S 



An Act to abolish the board of il^rbor and land com- 
missioners AND the directors OF THE PORT OF BOSTON 
AND TO ESTABLISH THE IVLiSSACHUSETTS COMMISSION ON 
WATERWAYS AND PUBLIC LANDS. 

Be it enacted, etc., as follows: 

Section 1. The board of harbor and land commis- Board of 
sioners, established under the provisions of chapter ninety- w 
six of the Revised Laws, and the board known as the di- dkectorrol 



harbor and 
commis- 



304 



General Acts, 1916. — Chap. 288. 



the port of 

Boston 

abolished. 



Contracts, 
etc., to be 
assumed. 



Employees. 



Commission 
on Waterways 
and Pubhc 
Lands 
estabhshed. 



Salaries. 



Superintendent 
of commerce 
and superin- 
tendent of 
engineering, 
appointment, 
etc. 



rectors of the port of Boston, established under the pro- 
visions of chapter seven hundred and forty-eight of the 
acts of the year nineteen hundred and eleven, as amended 
by chapter seven hundred and twelve of the acts of the 
year nineteen hundred and fourteen, are hereby abolished. 
All the rights, powers, duties and obligations conferred and 
unposed by law on said board are hereby transferred to, 
and shall hereafter be exercised and performed by, the com- 
mission hereinafter established which shall be the lawful 
successor of said boards. Immediately upon the appoint- 
ment and qualification of the members of said commission, 
all books, papers, maps, charts, surveys, plans, records, 
and all other documents or eciuipment in the possession of 
said boards, shall be delivered to the commission. All 
existing contracts and obligations of the directors of the 
port of Boston and the board of harbor and land commis- 
sioners shall be assumed by the commission. All the em- 
ployees of said boards shall, as temporary appointees, 
continue to perform their usual duties upon the same terms 
as heretofore until removed by the commission, but any of 
the present employees of said boards shall be eligible to 
appointment without further examination. 

Section 2. The governor, with the advice and consent 
of the council, shall appoint three persons to serve for terms 
of one, two, and three years, respectively, from the first 
day of July, nineteen hundred and sixteen, as the governor 
may specify, who shall constitute a board to be known as 
the Commission on Waterways and Public Lands, As the 
term of each member expires, the governor shall, in like 
manner, appoint a successor for a term of three years, and 
shall fill any vacancy for the unexpired term. Any member 
may be removed by the governor with the advice and consent 
of the council. The governor shall designate one member 
to serve as chairman, who shall receive an annual salary of 
four thousand five hundred dollars. The other members 
shall each receive an annual salary of four thousand dollars. 
They shall be furnished with suitable quarters in the state 
house. 

Section 3. The commission shall appoint a superin- 
tendent of commerce and a superintendent of engineering 
who shall each receive such salary as the commission may 
determine, with the approval of the governor and council. 
They shall, under the control of the commission, perform 
such duties as may from time to time be assigned to them 



General Acts, 1916. — Chaps. 289, 290. 305 

respectively by the commission. The commission may also 
employ such clerical and other assistance as may be neces- 
sary for the performance of its duties, subject to all general 
laws, now or hereafter in force, relating to appointments and 
employment in the civil service of the commonwealth. 

Section 4. The commission shall, on the first day of Annual report. 
January of each year, submit a report to the general court, 
which report shall contain a statement of the doings of the 
commission during the preceding year and such recommenda- 
tions as to legislation as in the opinion of the commission 
may be expedient to carry on the duties of the commission. 

Section 5. So much of this act as provides for the Time of 
appointment of the commission hereby established shall '"^"^ ^^' 
take effect upon its passage. All other provisions thereof 
shall take effect upon the qualification of the members of 
said commission, but not earlier than July one, nineteen 
hundred and sixteen. Approved June 1, 1916. 



Chap.289 



An Act relative to the solicitation of business on 
public sidewalks. 

Be it enacted, etc., as follows: 

Whoever, upon any public sidewalk in front of any retail ^gf^gg*'"""^ 
store other than his own, or one in which he is employed, public 

1 . • J" j_' .1.1 sidewalks by 

makes a practice oi accosting persons other than an ac- certain 
quaintance, and there induces or tries to induce such person proSbited. 
to purchase at any other store or place, at retail, merchan- 
dise similar in kind to any kept or displayed for sale in such 
store, shall be punished by a fine not exceeding one hun- 
dred dollars. This act shall not apply to licensed pedlers 
acting within the scope of their license, nor to persons when 
seeking to sell newspapers, pamphlets or other printed 
matter. Approved June 1, 1916. 

An Act relative to punishment for reckless driv- (JJku) 290 

ING OF motor vehicles AND THE OPERATION THEREOF 
BY PERSONS UNDER THE INFLUENCE OF INTOXICATING 
LIQUORS. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter five hundred and thirty- i909. 534. § 22, 
four of the acts of the year nineteen hundred and nine, as ^ '^" *'"'^° ^ 
amended by section one of chapter one hundred and twenty- 
three of the acts of the year nineteen hundred and thirteen, 



306 



General Acts, 1916. — Chap. 290. 



Penalty for 
operating 
automobile, 
etc., recklessly 
or while under 
influence of 
intoxicating 
liquor, etc. 



Punishment for 
second offence. 



Revocation or 
suspension of 
license, etc. 



Commission 
to have dis- 
cretion, etc. 



Proviso. 



is hereby further amended by striking out the said section, 
and inserting in place thereof the following : — Section 22. 
Whoever upon any way operates an automobile or motor 
cycle, recklessly, or while under the influence of intoxicating 
liquor, or so that the lives or safety of the public might be 
endangered, or upon a bet, wager or race, or whoever operates 
a motor vehicle for the purpose of making a record and 
thereby violates any provision of sections sixteen and seven- 
teen of this act, or whoever without stopping and making 
known his name, residence, and the number of his motor 
vehicle goes away after knowingly colliding with or other- 
wise causing injury to any other vehicle or property, or 
whoever uses a motor vehicle without authority, shall be 
punished by a fine of not less than twenty nor more than 
two hundred dollars, or by imprisonment for a term of not 
less than two weeks nor more than two years, or by both 
such fine and imprisonment ; except that for a second offence 
of operating an automobile or motor cycle while under the 
influence of intoxicating liquor, a person shall be punished 
by imprisonment for a term of not less than thirty days 
nor more than two years. Any person who operates an 
automobile or motor cycle upon any way in this common- 
wealth and who, without stopping and making known his 
name, residence, and the number of his motor vehicle, goes 
away after knowingly colliding with or otherwise causing 
injury to any person, shall be punished by imprisonment 
for a term of not less than thirty days nor more than two 
years. A conviction of a violation of this section shall be 
reported forthwith by the court or magistrate to the com- 
mission which may in any event and shall, unless the court 
or magistrate recommends otherwise, revoke immediately 
the license of the person so convicted, and no appeal from 
the judgment shall operate to stay the revocation of the 
license. If it appears by the records of the commission 
that the person so convicted is the owner of a motor vehicle 
or vehicles or has exclusive control of any motor vehicle 
or vehicles as a manufacturer or dealer, the commission 
may revoke the certificate of registration of any or all motor 
vehicles so owned or exclusively controlled. The com- 
mission in its discretion may issue a new license to any 
person acquitted in the appellate court, or after an investi- 
gation or upon hearing may issue a new license to a person 
convicted in any court: provided, that no new license shall 
be issued by the commission to any person convicted of 



General Acts, 1916. — Chap. 291. 307 

operating a motor vehicle while under the influence of 
intoxicating Hquor until one year after the date of final 
conviction, if for a first offence, or five years after any 
subsequent conviction, and to any person convicted of 
violating any other provision of this section until sixty days 
after the date of final conviction if for a first oft'ence, or one 
year after the date of any subsequent conviction. The Second offence, 
prosecution for the violation of any of the provisions of this "^'^'^p^^^o^- 
section if a second offence, shall not, unless the interests of 
justice require such disposition, be placed on file or other- 
wise disposed of except by trial, judgment and sentence 
according to the regular course of criminal proceedings. It 
shall be otherwise disposed of only on motion in writing, 
stating specifically the reasons therefor, and verified by 
affidavit if facts are relied on. If the court or magistrate 
certifies in writing that he is satisfied that the reasons relied 
upon are sufficient and that the interests of justice require 
the allowance of the motion, the motion shall be allowed, 
and the certificate shall be filed in the case. A copy of the 
motion and certificate shall be sent by the court or magis- 
trate forthwith to the INIassachusetts highway commission. 

Ayinoved June 1, 1916. 

An Act relative to the tenure of office of chiefs of Qhnjj 291 

FIRE departments IN THE METROPOLITAN FIRE PREVEN- 
TION DISTRICT. 

Be it enacted, etc., as follows: 

Section 1 . The chief engineer of the fire department of Tenure of 
any city or town now or hereafter included within the offiredepart- 
metropolitan fire prevention district shall hold his office Seu-opoiitan 
continuously during good behavior unless incapacitated by dL^tnctT''"*"'" 
physical or mental disability to perform the duties of his 
position: yrovided, however, that the chief of the fire de- Proviso, 
partment may, with the consent of the confirming authority, 
remove said engineer for just cause and for reasons specifically 
assigned by said authority. 

Section 2. Before being removed in the manner above Tobe 
provided, the chief engineer of any of said cities or towns lithcopyof 
shall be furnished with a copy of the reasons required in removai!"'^ 
section one, and shall be allowed a reasonable time to answer 
them in WTiting. A copy of the reasons, notice and answer, 
and of the order of removal, shall be filed with the city or 
town clerk. 



308 



General Acts, 1916. — Chap. 292. 



Act to be 
submitted to 
certain cities 
and towns. 



Proviso. 



Section 3. This act shall be submitted to the several 
cities and towns included in the metropolitan fire prevention 
district at their next respective municipal elections or town 
meetings, and shall take effect in any such cit}^ or town 
upon its acceptance by a majority of the voters voting 
thereon: provided, that if in any city or town in said district 
the provisions of the civil service laws are already applicable 
to the chief engineer of the fire department, this act shall 
take effect therein upon its passage. 

Approved June 1, 1916. 



Practice of 
law by 
corporations 
prohibited. 



Proviso. 



Chap. 2^2 An Act to prohibit the practice of law by corpora- 
tions. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any corporation to 
practice or appear as an attorney-at-law for any person 
other than itself in any court in this commonwealth or 
before any judicial body or to bold itself out to the public or 
to advertise as being entitled to practice law; it shall further 
be unlawful for any corporation to draw agreements, or 
other legal documents not relating to its lawful business, 
or to draw wills, or to practice law, or to hold itself out in 
any manner as being entitled to do any of the foregoing acts, 
whether by or through any person or persons, and whether 
orally or by advertisement, letter or circular: provided, 
however, that the foregoing shall not prevent any national 
bank or any bank or trust company incorporated under the 
laws of this commonwealth from furnishing to persons 
with whom it may deal or who may apply for the same, 
through its officers or agents, legal information or legal 
advice w^ith respect to investments, taxation, or an issue or 
offering for sale of stocks, bonds, notes or other securities 
or property. 

Section 2. Any corporation violating the provisions of 
this act shall be liable to a fine of not more than one thou- 
sand dollars; and every officer, agent or employee of any 
such corporation who, on behalf of the same, directly or 
indirectly, engages in any of the acts herein prohibited, or 
assists such corporation to do such prohibited acts, shall be 
deemed guilty of a misdemeanor, and shall be punished by 
a fine of not more than five hundred dollars. 
Corporation SECTION 3. This act shall not prohibit a corporation 

attornl^^etc. from employing an attorney or attorneys in and about its 



Penalty. 



General Acts, 1916. — Chap. 293. 309 

own affairs or in any litigation to which it is or may be a 
party. 

Section 4. This act shall not apply to any public service Act not to 
corporation nor to any corporation lawfully engaged in the cenmn cor- 
business of conducting a mercantile or collection agency or potations, etc. 
adjustment bureau, or lawfully engaged in the examination 
and insuring of titles to real property, or lawfully engaged 
in the business of insurance against liability for damages or 
compensation on account of injury to persons or property, 
or lawfully engaged in assisting attorneys-at-law to organize 
corporations, or organized for and lawfully engaged in 
benevolent or charitable purposes, or organized under the 
authority of the commonwealth for the purpose of assisting 
persons without means in the pursuit of any civil remedy, 
nor shall it prohibit a newspaper from answering inquiries 
through its columns or any corporation from providing legal 
advice or assistance to its employees. 

Approved June 1, 1916. 



An Act to authorize the licensing by cities and Chav.2'^'^ 
TowTsrs of motor vehicles carrying passengers for 
hire. 

Be it enacted, etc., as folloivs: 

Section 1. Cities and towns shall have authority to cities and 



towns may 
se motor 



license and regulate the transportation of passengers for nda 
hire as a business between fixed and regular termini by car^rylng 
means of any motor vehicle, except the trackless trolley f^f/h^rr" 
vehicle, so-called, not running on tracks or rails, and may 
impose reasonable license fees, make regulations for the 
operation of such vehicles within their own limits, and im- 
pose suitable penalties for the violation of such regulations: 
provided, however, that no such motor vehicle shall be operated Proviso, 
as aforesaid until the licensee of the vehicle, in addition to 
complying with all regulations of the city or town in which 
the vehicle is to be operated, shall have deposited with the 
treasurer of any city or town in which a license has been 
taken out, security by bond or otherwise, approved by the 
city or town treasurer, in such sum as the city or town 
may reasonably require, conditioned to pay any final judg- 
ment obtained against the principal named in the bond for 
any injury to person or property, or damage for causing the 
death of any person, by reason of any negligent or unlawful 



310 



General Acts, 1916. — Chap. 294. 



May sue on 
the bond. 



Not more 
than one bond 
to be filed. 



Time of 
taking efifect. 



act on the part of the principal named in said bond, his or 
its agents, employees or drivers, in the use or operation of 
any such vehicle. Any person so injured or damaged may 
sue on the bond in the name of the city or town treasurer, 
and damages so recovered shall go to the person injured or 
damaged. 

Section 2. Nothing in this act shall be construed as 
requiring the licensee to file more than one bond, which shall 
be filed in any city or toAvn in which a license has been taken 
out. 

Section 3. This act shall take full effect in cities upon 
its acceptance by the city council, and in towns upon its 
acceptance by the voters of the town at any duly called 
town meeting. For the purpose of submitting this act to 
cities and to towns, it shall take effect upon its passage. 

Approved June 1, 1916. 



Chap. 2^4: An Act relative to the verification of lists of tax- 
able PROPERTY FILED WITH ASSESSORS OF TAXES. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and ninety of the 
acts of the year nineteen hundred and nine, as amended in 
section forty-three of Part I by chapter one hundred and 
thirty of the General Acts of the year nineteen hundred 
and sixteen, is hereby further amended by striking out said 
section forty-three and inserting in place thereof the follow- 
ing : — Section 43. The assessors shall in all cases require 
a person, firm or corporation bringing in a list to make oath 
that it is true. The oath may be administered by any of the 
assessors or by their secretary or head clerk, or by any 
notary public, whose jurat shall be duly authenticated by 
his seal, or, in this commonwealth, by a justice of the peace. 

Section 2. So much of this act as relates to the ad- 
ministering of the oath shall not apply to the city of Boston; 
but in that city the oath shall be administered by one of the 
assessors or by their secretary or head clerk; unless the 
person, firm or corporation bringing in a list is absent from 
the city during the whole period when the oath may be 
made, in which case the oath may be administered by a 
notary public, whose jurat shall be duly authenticated by 
his seal, or, if made within the commonwealth, by a justice 
of tlie peace. Approved, June 1, 1916. 



1909, 490, Part 
I, § 43, etc., 
amended. 



Verification 
of lists of 
taxable 
property filed 
with assessors 
of taxes. 



Certain 
provisions not 
to apply to 
Boston. 



General Acts, 1916. — Chaps. 295, 296. 311 



An Act relative to the apportionment of the cost of Chap.295 

THE MAINTENANCE OF WELLINGTON BRIDGE 0"fER MYSTIC 
RIVER BETWEEN THE CITIES OF SOMERVILLE AND MED- 
FORD. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the first day of June, nine- Apportion- 
teen hundred and fifteen, the cost of maintenance of Welling- maintonance 
ton bridge, constructed under authority of chapter four bridge ^Jr"" 
hundred and ninety-one of the acts of the year nineteen bitl^en"'''^ 
hundred and one, a portion of which was rebuilt under ^nd Medlord. 
authority of chapter seven hundred and ninety-four of the 
acts of the year nineteen hundred and fourteen, as amended 
by chapter two hundred and seventy-six of the General 
Acts of the year nineteen hundred and fifteen, shall be paid 
as follows: — eighteen and eight thousand two hundred and 
thirty-five ten thousandths per cent by the city of Medford; 
fifteen and two thousand nine hundred and forty-one ten 
thousandths per cent by the city of Maiden; twelve and nine 
thousand four hundred and twelve ten thousandths per 
cent by the city of Somerville; two and nine thousand four 
hundred and twelve ten thousandths per cent by the town 
of Stoneham; and fifty per cent in the same manner as ex- 
penditures made from appropriations authorized to carry 
out the provisions of chapter two hundred and eighty-eight 
of the acts of the year eighteen hundred and ninety-four and 
acts in amendment thereof and in addition thereto. 

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

Approved June 1, 1916. 

An Act to abolish the commission on economy and QJiQ/n 296 

EFFICIENCY AND THE STATE BOARD OF PUBLICATION AND 
TO ESTABLISH THE OFFICE OF SUPERVISOR OF ADMINISTRA- 
TION. 

Be it enacted, etc., as folloivs: 

Section 1. The commission on economy and efficiency commission 
established under the provisions of chapter seven hundred and"effici^/cy, 
and nineteen of the acts of the j-ear nineteen hundred and bofrd'of"*''''^ 
twelve, as amended by chapter six hundred and ninety- i'boul'hed"* 
eight of the acts of the year nineteen hundred and fourteen, 
and the state board of publication established under the 
provisions of chapter four hundred and thirty-eight of the 



312 



General Acts, 1916. — Chap. 296. 



Employees. 



Supervisor of 
Administra- 
tion, office 
established. 



Deputies. 



Secretary, 
experts, 
clerks, etc., 
appointment, 
salaries, etc. 



acts of the year nineteen hundred and two, as affected by 
chapter sixty-seven of the acts of the year nineteen hundred 
and nine, are hereby abohshed. All the rights, powers, 
duties and obligations conferred and imposed by law on 
said commission or on any member thereof and on said 
board, except as is otherwise hereinafter provided, are 
hereby transferred to and shall hereafter be exercised and 
performed by the supervisor established by this act, who 
shall be the lawful successor of said commission and said 
board. Immediately upon the appointment and qualification 
of said officer all books, papers, maps, plans, charts, records 
and all other documents or equipment in the possession of 
said commission and said board shall be delivered to him. 
All the employees of said commission shall, as temporary 
appointees, continue to perform their usual duties upon the 
same terms as heretofore until removed by said officer. 

Section 2. The governor, with the advice and consent 
of the council, shall appoint an officer to be known as the 
Supervisor of Administration to serve for the term of three 
years, who shall devote his whole time to the work of his 
office and shall receive an annual salary of five thousand 
dollars. The supervisor may be removed for cause by the 
governor with the advice and consent of the council. Any 
vacancy in said office shall be filled by the governor with 
the advice and consent of the council for the remainder of 
the unexpired term. The supervisor shall be furnished with 
suitable quarters in the state house at the expense of the 
commonwealth, and, with the consent of the governor and 
council, may appoint a deputy or deputies and determine 
their salary and duties except as is otherwise hereinafter 
provided. Any deputy may be removed for cause by the 
supervisor with the consent of the governor and council. 
The supervisor may also appoint a secretary and such 
experts, clerks and other assistants, and may pay them such 
salaries and may incur such other expenses, including 
travelling expenses, not exceeding such sums as may be 
appropriated therefor by the general court, as he may deem 
necessary and proper, subject, however, to the approval of 
the committee on finance of the council or of the governor 
and council where such approval is required by law. All 
appointments, other than of deputies as aforesaid, shall be 
made in accordance with the rules and regulations of the 
civil service commission, and employees so appointed shall 
be removed only in accordance with the said rules and regu- 



General Acts, 1916. — Chap. 296. 313 

latlons, but any of the present employees of the commission 
on economy and efficiency shall be eligible to appointment 
under this section without further examination. 

Section 3. The committee on finance of the council shall Finance 

committee of 

act as a board of advisers of the supervisor and shall hear executive 

, „ , 1 • • p • I rr* • 1 1 • ^1 • council to act 

appeals from the decisions or said omcer as provided in this as board of 
act. The supervisor may, with the approval of the said 
committee, designate a deputy to act as investigator of ,^vestVgitor 
purchases who shall, under the direction of the supervisor of^purchases, 
investigate the method of purchasing all stores, supplies 
and materials used by the commonwealth or by any officer, 
board, bureau, commission, institution or department main- 
tained or employed by the commonwealth. Such deputy 
shall report the results of his investigation Avith his recom- 
mendations to the supervisor who may, after a hearing 
before the governor and council given to the officials con- 
cerned, and with the approval of the governor and council, 
order changes made in the methods used in, and make 
rules and regulations, not inconsistent with law, govern- Rules and 
ing the purchase of stores, supplies and materials in any or "'suiationa. 
all of the offices, boards, bureaus, commissions, institutions 
and departments of the commonwealth. Copies of orders 
or rules and regulations so made shall be transmitted to the 
officials concerned. Any appointed official who fails to 
comply with an order, rule or regulation duly made under 
authority hereof may be removed by the governor with the 
advice and consent of the council. 

Section 4. So much of the powers and duties conferred ofthe'audit'or 
and imposed on the auditor of the commonwealth by section of the com- 
four of chapter five hundred and ninety-seven of the acts of transferred to 
the year nineteen hundred and eight as relates to inquiry ^"p®'"^*^'"- 
into the methods of purchasing and handling stores, supplies 
and materials is hereby transferred to the supervisor to be 
exercised and performed by him in accordance with the 
provisions of this act. 

Section 5. Appeal from a decision of the supervisor Appeal, 
under chapter four hundred and thirty-eight of the acts of 
the year nineteen hundred and two may be taken to the 
committee on finance of the council, whose decision shall be 
final. 

Section 6. The duties imposed upon the governor and Certain duties 

• 11 1 . 1 11 1. 'ipi imposed upon 

council by chapter two hundred and sixty-eight or the acts governor and 
of the year nineteen hundred and ten, as amended by chapter transferred to 
forty-three of the acts of the year nineteen hundred and ^"p®''^'^*""- 



314 



General Acts, 1916. — Chap. 297. 



To report on 
estimates for 
appropriations 
of depart- 
ments, etc. 



Authorization 
of gov'ernor, 
etc., for certain 
investigations 
to be first 
obtained. 



Repeals. 



Time of 
taking effect. 



eleven, and by chapter five hundred and thirty-four of the 
acts of the year nineteen hundred and thirteen, are hereby 
transferred to and shall be exercised and performed by the 
supervisor. 

Section 7. On request of either branch of the general 
court or of the ways and means committee of either branch, 
or of the governor, or of the council, or of the committee on 
finance of the council, the supervisor shall make a report on 
such of the estimates of the officers, heads of departments, 
boards, commissions, and trustees of institutions classified 
by the auditor under sections three and four of chapter seven 
hundred and nineteen of the acts of the year nineteen hun- 
dred and twelve, as may be required, together with such 
facts, suggestions or recommendations as to any or all of 
the appropriations requested, or the method of raising 
mone.y for the same, as he may deem expedient. 

Section 8. Unless authorized as provided by section six 
of chapter seven hundred and nineteen of the acts of the 
year nineteen hundred and twelve, the supervisor shall not 
exercise the powers conferred by section nine of said chapter 
without first obtaining the approval of the governor or of 
the committee on finance of the council, except that in 
making any examination he may require the production of 
books, papers, contracts and documents relating to any 
matter within the scope of the investigation. 

Section 9. Sections one and six of chapter four hundred 
and thirty-eight of the acts of the year nineteen hundred and 
two, sections two and five of chapter seven hundred and 
nineteen of the acts of the year nineteen hundred and twelve, 
and chapter six hundred and ninety-eight, of the acts of the 
year nineteen hundred and fourteen, are hereby repealed. 

Section 10. So much of this act as provides for the 
appointment of the supervisor shall take effect upon its 
passage. All other provisions hereof shall take effect upon 
the qualification of the said officer but not earlier than 
July first in the year nineteen hundred and sixteen. 

Approved June 1, 1916. 



Chap. 297 An Act to extend the jurisdiction and functions of 

THE CIVIL SERVICE COMMISSION. 

Be it enacted, etc., a.? folloivs: 

Section 1. Section one of chapter nineteen of the 



R. L. 19, § 1, 
etc., amended. 



Revised Laws, as amended by section one of chapter one 



General Acts, 1916. — Chap. 297. 315 

hundred and fifty-nine of the acts of the year nineteen hun- 
dred and six, by section one of chapter three hundred and 
forty-four of the acts of the year nineteen hundred and 
seven, and by section one of chapter six hundred and eight 
of the acts of the year nineteen hundred and ten, is hereby 
further amended by adding at the end thereof the follow- 
ing: — ^At least one commissioner shall be present during 
office hours, except when all the commissioners are engaged 
elsewhere on business of the commission, — so as to read as 
follows : — Section 1 . The governor shall annually, in May Civii service 
or June, with the advice and consent of the council, appoint appointment, 
a civil service commissioner for a term of three years from ^^ ''"^*' 
the first INIonday of July following. All appointments shall 
be so made that not more than two commissioners shall at 
the time of any appointment be members of the same political 
party. The chairman of the commission shall at all times 
be such one of the three commissioners as the governor 
shall designate. The chairman of the commission shall 
receive an annual salary of twenty-five hundred dollars and 
each of the other commissioners an annual salary of two 
thousand dollars, together with the travelling expenses 
incurred in the performance of their official duties. The 
commissioners shall devote so much of their time to the 
work of the commission and shall establish and maintain 
such office hours as shall be approved by the governor and 
council. At least one commissioner shall be present during 
office hours, except when all the commissioners are engaged 
elsewhere on business of the commission. 

Section 2. The commissioners shall, upon the passage to reorganize 
of this act, effect such reorganization of their department as mlntfX^*^" 
may be required to perform the duties prescribed by this 
act, and may remove in their discretion any officers or em- 
ployees then in the service of the commission, and may 
appoint, subject to the provisions of chapter nineteen of the 
Revised Laws and all acts in amendment thereof or in 
addition thereto, such ofiicers and employees as may be 
necessary to the performance of their duties, and may incur 
other expenses not- exceeding such sums as may be appro- 
priated by the general court. 

Section 3. The commissioners may, from time to time, Mayinvesti- 
investigate in whole or in part the classified civil service, ffa^sifild civil 
and the work, duties and compensation of the officers and efficiency^, ^c. 
employees therein, and the number employed, and the 
grades, titles, ratings and methods of promotion that have 



316 



General Acts, 1916. — Chap. 298. 



Civil service 
rules to be 
revised. 



Certain persons 
disqualilied 
from holding 
office of 
representative 
of the corn- 



Exemption of 
policemen and 
firemen. 



been established, and may report thereon. The commis- 
sioners may, at any time, and shall, upon the request of any 
appointing power in respect to such officers or employees by 
it appointed, inquire into the efficiency and conduct of any 
officers or employees in the classified civil service, and may 
recommend to the appointing power the removal of any 
such ofiicers or employees, or make such other recommenda- 
tions as shall seem fitting in the premises. 

Section 4. The commission shall forthwith prepare and 
submit to the governor and council for approval a revision 
of the civil service rules, and the rules so revised, when 
approved by the governor and council, shall supersede all 
rules then existing. 

Section 5. Persons holding offices or positions to which 
they have been elected by the people, or by the aldermen or 
city council of a city, or by the selectmen of a town, shall 
not at the same time be eligible to the office of representative 
of the civil service commission. 

Section 6. Nothing contained in section three of this 
act shall apply to policemen or firemen. 

Approved June 1, 1916. 



Chap. 298 An Act to apportion and assess a state tax of eight 

million dollars. 

Be it enacted, etc., as follows: 

state tax Section 1. Eacli city and town in this commonwealth 

and assessed, shall bc asscsscd aud pay the sum with which it stands 
charged in the following schedule, that is to say: — 



Abington, seventy-six hundred dollars, . 
Acton, forty-four hundred dollars, .... 
Acushnet, twenty-four hundred and eighty dollars, 
Adams, fourteen thousand three hundred and twenty 

dollars, _ . . . 

Agawam, fifty-seven hundred and sixty dollars, . 

Alford, four hundred dollars, 

Amesbury, twelve thousand and eighty dollars, . 
Amherst, twelve thousand and eighty dollars, 
Andover, sixteen thousand five hundred and sixty 

dollars, • 

Arlington, twenty-nine thousand six hundred and 

eighty dollars, 

Ashburnham, twenty-six hundred and forty dollars, 
Ashby, eighteen hundred and forty dollars, . 
Ashfield, sixteen hundred dollars, .... 
Ashland, twenty-five hundred and sixty dollars, . 



$7,600 00 
4,400 00 
2,480 00 

14,320 GO 

5,760 00 

400 00 

12,080 00 

12,080 00 

16,560 00 

29,680 00 
2,640 00 
1,840 00 
1,600 00 
2,560 00 



General Acts, 1916. — Chap. 298. 



317 



Athol, eleven thousand nine hundred and twenty dol- 
lars, 

Attleboro, tliirty-five thousand five hundred and 

twenty dollars, 

Auburn, thirty-three hundred and sixty dollars, . 
Avon, two thousand and eighty dollars, 
Ayer, four thousand and eighty dollars, 
Barnstable, fourteen thousand two hundred and forty 

dollars, 

Barre, forty-nine hundred and sixty dollars, 
Becket, fourteen hundred and forty dollars, 
Bedford, thirty-five hundred and twenty dollars, 
Belchertown, nineteen hundred and twenty dollars, 
Bellinghani, two thousand dollars, .... 
Belmont, twenty thousand and eighty dollars, 
Berkley, eleven hundred and twenty dollars, 
Berlin, twelve hundred and eighty dollars, . 
Bernardston, ten hundred and forty dollars, 
Beverl}^, seventy-four thousand seven hundred and 

twenty dollars, 

Billerica, eightj^-seven hundred and twenty dollars, 
Blackstone, forty-six hundred and forty dollars, . 
Blandford, twelve hundred dollars, 
Bolton, twelve hundred and eighty dollars, . 
Boston, two million five hundred forty-eight thousand 

two hundred and forty dollars, 
Bourne, eleven thousand two hundred dollars, 
Boxborough, four hundred and eighty dollars, 
Boxford, twenty-three hundred and twenty dollars, 
Boylston, eleven hundred and twenty dollars, 
Braintree, fifteen thousand eight hundred and forty 

dollars, 

Brewster, twenty-two hundred and forty dollars, 
Bridgewater, eight thousand and eighty dollars, . 
Brimfield, thirteen hundred and sixty dollars, 
Brockton, ninety-eight thousand two hundred and 

forty dollars, 

Brookfield, twenty-seven hundred and twenty dollars, 
Brookline, two hundred forty-two thousand four hun- 
dred dollars, 

Buckland, thirty-two hundred dollars, . 

Burlington, sixteen hundred dollars, 

Cambridge, two hundred sixteen thousand nine hun 

dred and sixty dollars, 

Canton, twelve thousand dollars, .... 
Carlisle, twelve hundred dollars, .... 
Carver, thirty-three hundred and sixty dollars, . 
Charlemont, eleven hundred and twenty dollars, 
Charlton, twenty-seven hundred and twenty dollars, 
Chatham, tliirty-two hundred and eighty dollars, 
Chelmsford, eight thousand and eighty dollars, . 
Chelsea, fifty-two thousand four hundred dollars, 
Cheshire, eighteen hundred and forty dollars. 



State tax 
<it 1 1 non OO apportioned 
<lfll,yZU UU and assessed. 

35,520 00 
3,360 00 
2,080 00 
4,080 00 

14,240 00 

4,960 00 

1,440 00 

3,520 00 

1,920 00 

2,000 00 
20,080 00 

1,120 00 

1,280 00 

1,040 00 

74,720 00 
8,720 00 
4,640 00 
1,200 00 
1,280 00 

2,548,240 00 

11,200 00 

480 00 

2,320 00 

1,120 00 

15,840 00 
2,240 00 
8,080 00 
1,360 00 

98,240 00 
2,720 00 

242,400 00 
3,200 00 
1,600 00 

216,960 00 
12,000 00 

1,200 00 

3,360 00 

1,120 00 

2,720 00 

3,280 00 

8,080 00 
52,400 00 

1,840 00 



318 



General Acts, 1916. — Chap. 298. 



State tax 
apportioned 
and assessed. 



Chester, sixteen hundred and eighty dollars, 
Chesterfield, seven hundred and twenty dollars, . 
Chicopee, thirty-eight thousand two hundred and forty 

dollars, 

Chilmark, six hundred and forty dollars, 
Clarksburg, seven hundred and twenty dollars, . 
Clinton, sixteen thousand and eighty dollars, 
Cohasset, fifteen thousand seven hundred and sixty 

dollars, 

Colrain, eighteen hundred and forty dollars, 
Concord, fifteen thousand six hundred dollars, . 
Conway, fifteen hundred and twenty dollars, 
Cummington, seven hundred and twenty dollars, 
Dalton, ten thousand nine hundred and sixty dollars, 
Dana, eight hundred and eighty dollars, 
Danvers, fifteen thousand and forty dollars, 
Dartmouth, ten thousand two hundred and forty dol 

lars, 

Dedham, twenty-five thousand five hundred and 

twenty dollars, 

Deerfield, forty-four hundred dollars, . 

Dennis, twenty-seven hundred and twenty dollars, 

Dighton, thirty-two hundred dollars, 

Douglas, twenty-nine hundred and sixty dollars, 

Dover, twelve thousand nine hundred and sixty dollars 

Dracut, forty-four hundred and eighty dollars, . 

Dudley, forty-four hundred and eighty dollars, . 

Dunstable, nine hundred and sixty dollars, . 

Duxbury, sixty-three hundred and twenty dollars. 

East Bridgewater, fifty-three hundred and sixty dol 

lars, 

East Longmeadow, twenty-four hundred and eighty 

dollars, 

Eastham, eight hundred and eighty dollars, 
Easthampton, thirteen thousand nine hundred and 

twenty dollars, 

Easton, sixteen thousand nine hundred and sixty dol- 
lars, 

Edgartown, twenty-four hundred dollars, 
Egremont, ten hundred and forty dollars, *. 
Enfield, fourteen hundred and forty dollars, 
Erving, twenty-four hundred and eighty dollars, 
Essex, twenty-four hundred dollars, 
Everett, fifty-four thousand five hundred and sixty 

dollars, 

Fairhaven, eight thousand dollars, .... 
Fall River, one hundred eighty thousand nine hundred 

and sixty dollars, 

Falmouth, twenty-four thousand seven hundred and 

twenty dollars, 

Fitchburg, seventy thousand and eighty dollars, 
Florida, eight hundred and eighty dollars, . 
Foxborough, forty-nine hundred and si.xty dollars, 



$1,680 00 
720 00 

38,240 00 
640 00 
720 00 

16,080 00 

15,760 00 

1,840 00 

15,600 00 

1,520 00 

720 00 

10,960 00 

880 00 

15,040 00 

10,240 00 

25,520 00 
4,400 00 
2,720 00 
3,200 00 
2,960 00 

12,960 00 

4,480 00 

4,480 00 

960 00 

6,320 00 

5,360 00 

2,480 00 
880 00 

13,920 00 

16,960 00 
2,400 00 
1,040 00 
1,440 00 
2,480 00 
2,400 00 

54,560 00 
8,000 00 

180,960 00 

24,720 00 

70,080 00 

880 00 

4,960 00 



General Acts, 1916. — Chap. 298. 



319 



and 



and 



Framingham, twcntA'-nine thousand six hundred dol- 
lars, 

Franlchn, eighty-nine hundred and sixty dollars, 
Freetown, twenty-two hundi-ed and forty dollars, 
Gardner, twentj'-two tholisand two hundred and forty 

dollars, 

Gay Head, cig;hty dollars, ... 
Georgetown, twenty-four hundred dollars, 
Gill, nine hundred and sixty dollars, 
Gloucester, forty-three thousand five hundred 

twenty dollars, 

Goshen, four hundred dollars, 

Gosnold, twelve hundred dollars, . 

Grafton, sixty-eight hundred and eighty dollars, 

Granb}'-, thirteen hundred and sixty dollars, 

Granville, eleven hundred and twenty dollars, 

Great Barrington, twelve thousand two hundred and 

forty dollars, 

Greenfield, twent3''-four thousand two hundred 

forty dollars, 

Greenwich, five hundred and sixty dollars, . 
Groton, seventy-eight hundred and forty dollars, 
Groveland, twenty-four hundred and eighty dollars, 
Hadley, thirty-eight hundred and forty dollars, 
Halifax, eleven hundred and twenty dollars, 
Hamilton, ten thousand four hundred dollars, 
Hampden, eight hundred and eighty dollars, 
Hancock, eight hundred dollars, 
Hanover, forty-two hundred and forty dollars, 
Hanson, three thousand and forty dollars, . 
Hardwick, eighty-nine hundred and sixty dollars. 
Harvard, thirty-five hundred and twenty dollars, 
Harwich, thirty-one hundi^d and twenty dollars, 
Hatfield, thirty-six hundred dollars, 
Haverhill, seventy-six thousand four hundred 

eighty dollars, 

Hawley, four hundred and eighty dollars. 
Heath, five hundred and sixty dollars, . 
Hingham, fourteen thousand one hundred and 

dollars, 

Hinsdale, fifteen hundred and twenty dollars, 
Holbrook, thirtj^-four hundred and forty dollars, 
Holden, thirty-six hundred dollars, 
Holland, two limidred and forty dollars, 
HoUiston, thirty-six hundred and eighty dollars, 
Holyoke, one hundred eleven thousand and forty dol 

lars, 

Hopedale, seventeen thousand two hundred and eighty 

dollars, 

Hopkinton, thirty-three hundred and sixty dollars, 
Hubbardston, fourteen hundred and forty dollars, 
Hudson, eighty-four hundred and eighty dollars, 
Hull, tliirteen thousand six hundred dollars, 



and 



sixty 



State tax 

$29,600 00 ^Krsed. 
8,960 00 
2,240 00 

22,240 00 

80 00 

2,400 00 

960 00 

43,520 00 
400 00 
1,200 00 
6,880 00 
1,360 00 
1,120 00 

12,240 00 

24,240 00 

560 00 
7,840 00 
2,480 00 
3,840 00 
1,120 00 
10,400 00 

880 00 

800 00 
4,240 00 
3,040 00 
8,960 00 
3,520 00 
3,120 00 
3,600 00 

76,480 00 
480 00 
560 00 

14,160 00 
1,520 00 
3,440 00 
3,600 00 
240 00 
3,680 00 

111,040 00 

17,280 00 

3,360 00 

1,440 00 

8,480 00 

13,600 00 



320 



General Acts, 1916. — Chap. 298. 



State tax 
apportioned 
and assessed. 



Huntington, sixteen hundred dollars, 

Ipswich, ninetj^-two hundred and eighty dollars, 

Kingston, thirty-two hundred dollars, . 

Lakeville, twenty-four hundred dollars, . 

Lancaster, eighteen thousand seven hundred and 

twenty dollars, 

Lanesborough, fourteen hundred and forty dollars, 
Lawrence, one hundred thirty-four thousand five hun- 
dred and sixty dollars, 

Lee, sixty-two hundred and forty dollars, 
Leicester, forty-six hundred and forty dollars, 
Lenox, fifteen thousand one hundred and twenty dol- 
lars, 

Leominster, twenty-four thousand three hundred and 

twenty dollars, 

Leverett, eight hundred dollars, .... 

Lexington, sixteen thousand four hundred dollars, 

Leyden, four hundred and eighty dollars, 

Lincoln, seventy-eight hundred and forty dollars, 

Littleton, twenty-one hundred and sixty dollars, 

Longnieadow, fifty-six hundred dollars, 

Lowell, one hundred fifty-one thousand nine hundred 

and twenty dollars, 

Ludlow, eighty-nine hundred and sixty dollars, . 

Lunenburg, twenty-eight hundred dollars, . 

Lyrm, one hundred fifty-five thousand five himdred and 

twenty dollars, 

Lynnfield, twentj^-two hundred and forty dollars. 
Maiden, seventy-four thousand four hundred dollars, 
Manchester, thirty-one thousand seven hundred and 

sixty dollars, 

Mansfield, eighty-eight hundred dollars, 
Marblehead, seventeen thousand six hundred and 

eighty dollars, 

Marion, eleven thousand and forty dollars, . 
Marborough, nineteen thousand nine hundred and 

twenty dollars, 

Marshfield, forty-three hundred and twenty dollars, 
Mashpee, five hundred and sixty dollars, 
Mattapoisett, forty-three hundred and twenty dollars 
Maynard, seventy-five hundred and twenty dollais, 
Medfield, four thousand dollars, .... 
Medford, fifty-one thousand three hundred and sixty 

dollars, 

Medway, thirty-two hundred and eighty dollars, 
Melrose, thirty-two thousand dollars, . 
Mendon, thirteen hundred and sixty dollars, 
Merrimac, twenty-five hundred and sixty dollars, 
Methuen, seventeen thousand and forty dollars, 
Middleborough, ninety-nine hundred and twenty dol 

lars, 

Middlefield, four hundred dollars, .... 
Middleton, sixteen hundred and eighty dollars, . 



SI, 600 00 
9,280 00 
3,200 00 
2,400 00 

18,720 00 
1,440 00 

134,560 00 
6,240 00 
4,640 00 

15,120 00 

24,320 00 

800 00 

16,400 00 

480 00 

7,840 00 

2,160 00 

5,600 00 

151,920 00 
8,960 00 
2,800 00 

155,520 00 

2,240 00 

74,400 00 

31,760 00 
8,800 00 

17,680 00 
11,040 00 

19,920 00 
4,320 00 
560 00 
4,320 00 
7,520 00 
4,000 00 

51,360 00 
3,280 00 

32,000 00 
1,360 00 
2,560 00 

17,040 00 

9,920 00 

400 00 

1,680 00 



General Acts, 1916. — Chap. 298. 321 

Milford, seventeen thousand seven hundred and sixty state tax 

dollars, . . . . _ $17,760 00 ^PHsessed. 

Millbury, sixty-one hundred and sixty dollars, . 6,160 00 
Millis, twenty-six hundred and forty dollars, . . 2,640 00 
Milton, fifty-two thousand six hundred and forty dol- 
lars, 52,640 00 

Monroe, six hundred and forty dollars, . . . 640 00 

Monson, forty-six hundred and forty dollars, . 4,640 00 
Montague, ten thousand seven hundred and twenty 

dollars, 10,720 00 

Monterey, seven hundred and twenty dollars, . . 720 00 
Montgomery, three hundred and twenty dollars, . 320 00 
Mount Washington, two hundred and forty dollars, . 240 00 
Nahant, fifteen thousand six hundred dollars, . . 15,600 00 
Nantucket, seventy-two hundred and eighty dollars, . 7,280 00 
Natick, fifteen thousand nine hundred and twenty dol- 
lars, .......... 15,920 00 

Needham, fourteen thousand eight hundred and eighty 

dollars, 14,880 00 

New Ashford, one hundred and sixty dollars, . . 160 00 
New Bedford, one hundred eighty-six thousand four 

hundred and eighty dollars, 186,480 00 

New Braintree, eight hundred dollars, .... 800 00 

New Marlborough, sixteen hundred dollars, . . 1,600 00 

New Salem, seven hundred and twenty dollars, . . 720 00 

Newbury, thirty-seven hundred and sixty dollars, . 3,760 00 
Newburyport, twenty-one thousand four hundred and 

forty dollars, 21,440 00 

Newton, one hundred forty thousand and eighty dol- 
lars, 140,080 00 

Norfolk, two thousand dollars, 2,000 00 

North Adams, twenty-eight thousand three hundred 

and twenty dollars, . . . ' . . . . 28,320 00 
North Andover, ten thousand eight hundred and eighty 

dollars, 10,880 00 

North Attleborough, sixteen thousand three hundred 

and twenty dollars, 16,320 00 

North Brookfield, thirty-nine hundred and twenty 

dollars, 3,920 00 

North Readmg, seventeen himdred and sixty dollars, . 1,760 00 
Northampton, thirty-two thousand six hundred and 

forty dollars, 32,640 00 

Northborough, thirty-two himdred and eighty dollars, 3,280 00 
Northbridge, thirteen thousand two hundred and 

eighty dollars, 13,280 00 

Northfield, twenty-eight hundred dollars, . . . 2,800 00 

Norton, thirty-one hundred and twenty dollars, . . 3, 120 00 

Norwell, twenty-four hundred and eighty dollars, . 2,480 00 

Norwood, twenty-seven thousand six hundred dollars, 27,600 00 

Oak BlufTs, three thousand and forty dollars, . . 3,040 00 

Oakham, seven hundred and twenty dollars, . . 720 00 

Orange, eighty-one hundred and sixty dollars, . . 8,160 00 

Orleans, twelve thousand nine hundred and sixty dollars, 12,960 00 



322 



General Acts, 1916. — Chap. 298. 



State tax 
apportioned 
and assessed. 



Otis, five hundred and sixty dollars, 
Oxford, forty-five hundred and sixty dollars. 
Palmer, ten thousand four hundred dollars, . 
Paxton, eight hundred dollars, .... 
Peabody, twenty-seven thousand one hundred and 

twenty dollars, 

Pelham, eight hundred dollars, .... 
Pembroke, twenty-one hundred and sixty dollars, 
PeiDperell, forty-three hundred and twenty dollars, 
Peru, three hundred and twenty dollars, 
Petersham, nineteen hundred and twenty dollars, 
Phillipston, six hundred and forty dollars, . 
Pittsfield, sixty-nine thousand two hmidred and eighty 

dollars, 

Plainfield, four hundred dollars, .... 
Plain\alle, eighteen hundred and forty dollars, . 
Pljonouth, twenty-four thousand and eighty dollars, 
Plympton, eight hundred and eighty dollars, 
Prescott, four hundred and eighty dollars, . 
Princeton, twenty-four hundred dollars, 
Provincetown, forty-four hundred dollars, . 
Quincy, seventy-one thousand and forty dollars, 
Randolph, fifty-eight hundred and forty dollars, 
Raynham, two thousand dollars, .... 
Reading, thirteen thousand three hundred and sixty 

dollars, 

Rehoboth, two thousand and eighty dollars. 

Revere, thirty-seven thousand two hundred and eighty 

dollars, 

Richmond, twelve hundred and eighty dollars, . 
Rochester, seventeen hundred and sixty dollars, . 
Rocldand, ten thousand and eighty dollars, . 
Rockport, sixty-eight hundred dollars, . 
Rowe, five hundred and sixty dollars, . 
Rowley, thirty-six hundred and eighty dollars, . 
Royalston, thirteen hundred and sixty dollars, . 
Russell, thirty-five hundred and twenty dollars, . 
Rutland, sixteen hundred and eighty dollars, 
Salem, seventy thousand dollars, .... 
Salisbury, twenty-eight hundred and eighty dollars, 
Sandisfield, eight hundred dollars, . 
Sandwich, twenty-five hundred and sixty dollars, 
Saugus, twelve thousand and eighty dollars. 
Savoy, four hundred and eighty dollars, 
Scituate, ninety-two hundred and eighty dollars, 
Seekonk, thirty-four hundred and forty dollars, . 
Sharon, six thousand and eighty dollars, 
Sheffield, twenty-five hundred and sixty dollars, . 
Shelburne, thirty-two hundred dollars,, . 
Sherborn, forty-two hundred and forty dollars, . 
Shirley, tv/enty-six himdred and forty dollars, 
Shrewsbur}^, fifty-one hundred and twenty dollars, 
Shutesbury, six hundred and forty dollars, . 



$560 00 


4,560 00 


10,400 00 


800 00 


27,120 00 


800 00 


2,160 00 


4,320 00 


320 00 


1,920 00 


640 00 


69,280 00 


400 00 


1,840 00 


24,080 00 


880 00 


480 00 


2,400 00 


4,400 00 


71,040 00 


5,840 00 


2,000 00 


13,360 00 


2,080 00 


37,280 00 


1,280 00 


1,760 00 


10,080 00 


6,800 00 


560 00 


3,680 00 


1,360 00 


3,520 00 


1,680 00 


70,000 00 


2,880 00 


800 00 


2,560 00 


12,080 00 


480 00 


9,280 00 


3,440 00 


6,080 00 


2,560 00 


3,200 00 


4,240 00 


2,640 00 


5,120 00 


640 00 



General Acts, 1916. — Chap. 298. 



323 



Somerset, thirty-four hundred and forty dollars, 
Somerville, one hundred twenty-seven thousand three 

hundred and sixty dollars, .... 
South Hadley, sixty-five hundi'ed and sixty dollars, 
Southampton, eleven hundred and twenty dollars, 
Southborough, fifty-three hundred and sixty dollars, 
Southbridge, fifteen thousand one hundred and twenty 

dollars, 

Southwick, sixteen hundred and eighty dollars, . 
Spencer, seventy-two hundred and eighty dollars, 
Springfield, two hundred ninety-six thousand two hun 

dred and forty dollars, 

Sterling, twenty-four hundred and eight}' dollars, 
Stockbridge, eightj^-eight hundred dollars, . 
Stoneham, ten thousand three hundred and twenty 

dollars, 

Stoughton, eight thousand dollars. 
Stow, twenty-two hunch-ed and forty dollars, 
Sturbridge, seventeen hundred and sixty dollars, 
Sudbury, twenty-five hundred and sixtj' dollars, 
Sunderland, fifteen himdred and twenty dollars, 
Sutton, twenty-seven hundred and twenty dollars, 
Swampscott, twenty-five thousand nine hundred and 

twenty dollars, 

Swansea, thirty-five hundred and twenty dollars, 
Taunton, fifty thousand two hundred and forty dollars 
Templeton, four thousand dollars, .... 
Tewksbury, thirty-two hundred dollars, 
TislDuiy, thirty-three hundred and sixty dollars, . 
Tolland, four hundred and eighty dollars, 
Topsfield, sixtj^-nine hundred and sixty dollars, . 
Townsend, twenty-five hundi'ed and sixty dollars, 
Truro, eight hundred and eighty dollars, 
Tyngsborough, fourteen hundred and forty dollars, 
Tyringham, seven hundred and twenty dollars, . 
Upton, twenty-four hundred dollars, 
Uxbridge, seventy-five hundred and twenty dollars, 
Wakefield, twenty thousand seven hundred and twenty 

dollars, 

Wales, four hundred and eighty dollars, 

Walpole, twelve thousand two hmidred and forty dol 

lars, 

Waltham, fifty-one thousand five hundred and twenty 

dollars, 

Ware, ten thousand six hundred and forty dollars, 
Wareham, ten thousand nine hundred and sixty dol 

lars, 

Warren, forty-eight hundred and eighty dollars, . 
Warwick, eight hundred dollars, .... 
Wasliington, five hundred and sixty dollars, 
Watertown, thirty-four thousand nine hundred and 

sixty dollars, 

Wayland, fifty-two hundred and eighty dollars, . 



$3,440 00 state tax 
' apportioned 
and a.ssessed 

127,360 00 
6,560 00 


1,120 00 


5,360 00 


15,120 00 


1,680 00 


7,280 00 


296,240 00 


2,480 00 


8,800 00 


10,320 00 


8,000 00 
2,240 00 


1,760 00 


2,560 00 


1,520 00 
2,720 00 


25,920 00 


3,520 00 

50,240 00 

4,000 00 

3,200 00 


3,360 00 
480 00 


6,960 00 


2,560 00 


880 00 


1,440 00 


720 00 


2,400 00 


7,520 00 


20,720 00 


480 00 


12,240 00 


51,520 00 
10,640 00 


10,960 00 
4,880 00 


800 00 


560 00 


34,960 00 
5,280 00 



324 



General Acts, 1916. — Chap. 298. 



State tax 
apportioned 
and assessed. 



Webster, seventeen thousand four hundred and forty 

dollars, . . . . , . 

Wellesley, thirty thousand eight hundred dollars, 
Wellfleet, fourteen hundred and forty dollars, 
Wendell, eight hundred and eighty dollars, . 
Wenham, fifty-six hundred and eighty dollars, 
West Boylston, nineteen hundred and twenty dollars, 
West Bridgewater, thirty-two hundred and eighty 

dollars, 

West Brookfield, nineteen hundred and twenty dollars, 
West Newbury, two thousand and eighty dollars. 
West Springfield, seventeen thousand six hundred and 

eighty dollars, 

West Stockbridge, twelve hundred dollars, . 
West Tisbury, eleven hundred and twenty dollars, 
Westborough, six thousand dollars, .... 
Westfield, twenty-two thousand nine hinidred and 

sixty dollars, 

Westford, forty-seven hundred and twenty dollars, , 
Westham]:)ton, five hundred and sixty dollars, 
Westminster, nineteen hundred and twenty dollars, . 
Weston, fifteen thousand four hundred and forty dol- 
lars, 

Westport, forty-five hundred and sixty dollars, . 
Westwood, sixty-nine hundred and sixty dollars, 
Weymouth, twenty-one thousand seven hundred and 

sixty dollars, 

Whately, fourteen hundred and forty dollars. 
Whitman, ten thousand and eighty dollars, . 
Wilbraham, thirty-six hundred dollars, .... 
Williamsburg, twenty-four hundred dollars, 
Williamstown, ninety-one hundred and tv/enty dol- 
lars, 

Wilmington, thirty-six hundred dollars, 
Winchendon, eight thousand dollars, .... 
Winchester, twenty-nine thousand one hundred and 

twenty dollars, 

Windsor, six hundred and forty dollars, 

Winthrop, twenty-six thousand two hundred and forty 

dollars, 

Woburn, twenty-five thousand and forty dollars, 
Worcester, three hundred eight thousand nine hundred 

and sixty .dollars, 

Worthington, eight hundred dollars, . . . . 
Wrentham, twenty-seven hundred and twenty dollars, 
Yarmouth, forty-three hundred and twenty dollars, . 



$17,440 00 


30,800 00 


1,440 00 


880 00 


5,680 00 


1,920 00 


3,280 00 


1,920 00 


2,080 00 


17,680 00 


1,200 00 


1,120 00 


6,000 00 


22,960 00 


4,720 00 


560 00 


1,920 00 


15,440 00 


4,560 00 


6,960 00 


21,760 00 


1,440 00 


10,080 00 


3,600 00 
2,400 00 


9,120 00 


3,600 00 
8,000 00 


29,120 00 


640 00 


26,240 00 


25,040 00 


308,960 00 


800 00 


2,720 00 


4,320 00 



Treasurer 
to iaaue 
warrant. 



Section 2. The treasurer of the commonwealth shall 
forthwith send liis warrant, according to the provisions of 
section thirty-four of Part I of chapter four hundred and 
ninety of the acts of the year nineteen hundred and nine, 
to tlie selectmen or assessors of eacli city and town taxed as 
aforesaid, requiruig them respectively to assess the sum so 



cities and 
towns. 



General Acts, 1916. — Chap. 299. 325 

charged, and to add the amount of such tax to the amount 
of city, town and county taxes to be assessed by them re- 
spectively on each city and town. 

Section 3. The treasurer of the commonwealth in his Payment of 
warrant shall require the said selectmen or assessors to 
pay, or issue severally their warrant or warrants requiring 
the treasurers of their several cities and towns to pay to the 
treasurer of the commonwealth, on or before the fifteenth 
day of November in the year nineteen hundred and sixteen, 
the sums set against said cities and towns in the schedule 
aforesaid; and the selectmen or assessors, respectively, 
shall return a certificate of the names of the treasurers of 
their several cities and towns, with the sum which each 
may be required to collect, to the treasurer of the common- 
wealth at some time before the first day of September in 
the year nineteen hundred and sixteen. 

Section 4. If the amount due from any city or town, Notice to 
as provided in this act, is not paid to the treasurer of the deltnque^nt" 
commonwealth within the time specified, then the said 
treasurer shall notify the treasurer of such delinquent city 
or town, who shall pay mto the treasury of the common- 
wealth, m addition to the tax, such further sum as would be 
equal to one per cent per month during the delinquency 
from and after the fifteenth day of November in the year 
nineteen hundred and sixteen; and if the same remains 
unpaid after the first day of December in the j'ear nineteen 
hundred and sixteen an information may be filed by the 
treasurer of the commonwealth in the supreme judicial 
court, or before any justice thereof, agamst such delinquent 
city or town; and upon notice to such city or town, and a 
summary hearing thereon, a warrant of distress may issue 
against such city or town to enforce the pa;yinent of said 
taxes under such penalties as said court or the justice thereof 
before whom the hearing is had shall order. 

Section 5. This act shall take eft'ect upon its passage. 

Approved June 1, 1916. 



An Act relative to the distribution of certain cor- Qjidj) 299 

PORATION T,^XES AND TO THE REIMBURSEMENT OF CITIES 
AND TOWNS FOR TAXES LOST BY SOLDIERS' EXEMPTIONS. 

Be it enacted, etc., as follows: 

Section 1. In the year nineteen hundred and sixteen Distribution of 
and thereafter the corporate franchise tax paid by railroad tiWiTxw.'^^'^*" 



326 



General Acts, 1916. — Chap. 299. 



Distribution 
of taxes of 
ligliting and 
water com- 
panies, etc. 



companies and by telephone and telegraph companies under 
the provisions of Part III of chapter four hundred and ninety 
of the acts of the year nineteen hundred and nine, and acts 
in amendment thereof and in addition thereto, shall be 
distributed, credited and paid to the cities and towns of the 
commonwealth or shall be retained by the commonwealth 
in the manner following : — Such part of said tax paid by 
each of said corporations as is paid on account of shares of 
stock of said corporations owned by non-residents of Mas- 
sachusetts shall be retained by the commonwealth. The 
remainder of said tax shall be distributed, credited and paid 
to the several cities and towns in proportion to the total 
assessed value of property actually taxed in each city and 
town for the preceding year. 

Section 2. In the year nineteen hundred and sixteen 
and thereafter the corporate franchise tax paid by gas, 
electric light, gas and electric light and water companies, 
under the provisions of Part III of said chapter four hundred 
and ninety shall be distributed, credited and paid to cities 
and towns of the commonwealth or shall be retained by the 
commonwealth in the manner following : — Such part of 
said tax paid by each of said corporations as is paid on ac- 
count of shares of stock of said corporations owned by non- 
residents of Massachusetts shall be retained by the com- 
monwealth. The remainder of said tax paid by each of said 
corporations shall be distributed, credited and paid to the 
city or town of the commonwealth where the business of the 
corporation is carried on; and if any such corporation carries 
on its business in more than one city or town of the common- 
wealth, this part of the tax paid by it shall be distributed, 
credited and paid to such cities and towns in proportion to 
the value of the works, structures, real estate, machinery, 
poles, underground conduits, wires and pipes of the cor- 
poration in each of such cities or towns on the first day of 
April, as determined from the returns or in any other manner. 
makf Returns SECTION 3. Ou or bcforc the first day of September in 
to tax com- each year the assessors of everv citv and town shall make a 

missionerot • . . . '^ . ' , » i 

certain projjerty Tctum to the tax commissioucr m such lorm as he may 
taxation. prescribe of the value of property exempted from taxation 

under the provisions of clauses thirteen and fourteen of 
section five of Part I of said chapter four hundred and ninety, 
and acts in amendment thereof and in addition thereto, 
together with the amount of taxes which would have been 
assessed on such property but for said exemption. 



General Acts, 1916. — Chap. 300. 327 

Section 4. The tax commissioner from the said returns Reimbursement 
or otherwise shall determine the total amount of taxes thus townffoMosa 
exempted throughout the commonwealth and shall apportion goWiera*''^ 
one third of such taxes among the cities and towns according exemptions. 
to the basis determined by him for an apportionment of 
the state tax in accordance with sections one hundred and 
one hundred and one of Part I of said chapter four hundred 
and ninety, and acts in amendment thereof and in addition 
thereto, and the amounts so determined shall be a charge 
upon each city and town. He shall also determine the 
amounts of taxes so exempted and they shall be a credit to 
the city or town making the exemption. He shall forthwith 
give notice in WTiting by mail or at their office to the assessors 
of each city or town thereby affected of the amounts so 
charged against and credited to it, and they may within Board of 
ten days after notice of such determination appeal there- °'^^^ ' 
from to the board of appeal constituted under the provisions 
of section sixty-eight of Part HI of said chapter four hundred 
and ninety. 

Section 5. The tax commissioner shall, at the expiration Certification 
of ten days after said notice, or upon being informed of the credits to 
decision of the board of appeal, if an appeal is taken, certify anT 
to the treasurer and receiver general the amount of charges e^"^^""^'- 
against and credits to each city and town as so determined, 
and the treasurer and receiver general shall thereupon 
witlihold out of any sums payable by the commonwealth 
to any city or town against which a charge is certified, or 
shall allow or pay over to each city or town to which a credit 
is certified, as the case may be, the amount so certified. 

Section 6. This act shall take effect upon its passage. 

Aiyproved June 2, 1916. 



treasurer 
receiver 



Chap.Zm 



An Act relative to the taxation of bonds registered 
with the tax commissioner. 

Be it enacted, etc., as follows: 

Section 1 . Upon the registration as hereinafter provided ^^ation of 
of any bond secured by mortgage on tangible property bonds, 
situated within or without the commonwealth which is 
subject to taxation wherever situated and which is there 
actually taxed, a tax of six per cent upon the annual income 
derived from such bond shall be assessed by the tax com- 
missioner upon the holder thereof in the manner provided in 
the following section. 



328 



General Acts, 1916. — Chap. 300. 



Registration, 
etc., with the 
tax commis- 
sioner. 



Exemption, 
etc., when no 
income is paid 
on bond. 



Certain bonds 
exempt, etc. 



Amount of tax 
regulated. 



Fee for 

sending notice 
of registration 
to assessors, etc. 



Section 2. On or before the first day of July in the 
year nineteen hundred and sixteen the holder of any such 
bond may present the same to the tax commissioner for 
registration with a statement in such form as the tax com- 
missioner shall require describing the mortgage securing the 
same and the property covered by the mortgage. If the 
tax commissioner finds that the said bond is secured by a 
mortgage upon tangible property which is subject to taxation 
and which has actually been taxed during the year prior to 
such statement, he shall register the bond and shall compute 
the amount of the tax to be paid upon the annual income 
derived therefrom and shall issue a certificate stating the 
amount of the tax so computed. Upon the payment of such 
tax, the tax commissioner shall receipt for the same upon the 
certificate, and the bond shall then be exempt from the 
imposition of any other assessments, rates or taxes within 
the commonwealth for the year nineteen hundred and 
sixteen. If the tax commissioner finds that no income has 
been paid on any such bond during the year prior to the 
date of the presentation thereof as above provided, he shall 
so certify, and such bond shall be exempt from the im- 
position of any assessments, rates or taxes within the com- 
monwealth for the year nineteen hundred and sixteen. 

Section 3. On or before the first day of July in the year 
nineteen hundred and sixteen, any bond which has been 
registered on or after April second of the year nineteen 
hundred and fifteen, under the provisions of chapter seven 
hundred and sixty-one of the acts of the year nineteen 
hundred and fourteen, and acts in amendment thereof and 
in addition thereto, may be registered under the provisions 
of this act without the statement required under the pro- 
visions of section two, and such registration shall exempt 
the bond from taxation for the year nineteen hundred and 
sixteen. If the amount of the tax is greater than the regis- 
tration fee, the holder of the bond shall pay to the tax com- 
missioner the dift'erence in amount between the tax and the 
fee. If the amount of the fee is greater than the tax, the tax 
commissioner or, if he has transmitted the fee to the treasurer 
and receiver general, the last named officer, shall repay the 
difference to the holder of the bond. 

Section 4. If the person registering any bond or bonds 
under the provisions of this act, was the owner thereof on the 
first day of April in the year nineteen hundred and sixteen, 
he shall at the time of payment of the registration tax pay 



General Acts, 1916. — Chap. 301. 329 

to the tax commissioner an additional fee of twenty-five 
cents to cover the cost of sending to the assessors of the city 
or town In which the taxpayer resides a notice of the regis- 
tration of the bond or bonds and of the exemption thereof 
from taxation. The tax commissioner shall forthwith send 
a notice to the assessors of the city or town, stating the 
name and residence of the taxpayer, and giving such de- 
scription of the bond or bonds registered as may be necessary 
to Identify it or them to the assessors for the purpose of 
allowing said exemption. No more than one fee of twenty- Additional fee 
five cents shall be collected from one person for such notice ditionl^ notice, 
as to any number of bonds registered by him at one time, ^^■ 
unless, by reason of the number or diversity of the bonds 
filed for registration, they cannot all be described upon the 
form of notice ordinarily used by the tax commissioner, In 
which case the commissioner may collect an additional fee 
of twenty-five cents for each additional notice, or additional 
sheet annexed to the notice, that he deems necessary. 

Section 5. After the first day of July In the year nineteen After juiy i, 
hundred and sixteen, no bonds shall be registered under need not be 
chapter seven hundred and sixty-one of the acts of the year u^de^r^'certain 
nineteen hundred and fourteen, and acts in amendment ^^^.tute. 
thereof and In addition thereto, including this act. 

Section 6. Section twenty-nine of chapter two hundred P29'reVa^|i 
and sixty-nine of the General Acts of the year nineteen 
hundred and sixteen is hereby repealed. 

Section 7. All acts or parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

Section 8. This act shall take effect upon Its passage. 

Approved June 2, 1916. 



An Act relative to the resignation of trustees, rhnj. qqi 
Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty-seven of the r. l. 147. § 12. 
Revised Laws is hereby amended by striking out section ^'"•'°<^e'^- 
twelve and Inserting In place thereof the following: — Section Resignation 
12. A trustee may upon his own request resign his trust eta™^***^' 
and the guardian, guardians or committee of an Insane 
trustee, appointed by a court having jurisdiction in the 
premises, may on behalf of the insane person resign his 
trust, if the court authorized to appoint a trustee finds It 
proper to allow such resignation, and In the case of an Insane 



330 



General Acts, 1916. — Chap. 302. 



trustee the court may accept such resignation without 
notice to him. 

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

Ajyproved June 2, 1916. 



1906, 463, 
Part III, § 79, 
amended. 



C/iap. 302 An Act relative to the repair of streets, highways 

AND BRIDGES BY STREET RAILWAY COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-nine of Part III of chapter 
four hundred and sixty-three of the acts of the year nineteen 
hundred and six is hereby amended by striking out the words 
"of construction as that which was disturbed", in the 
twenty-second and twenty-third lines, and inserting in place 
thereof the words : — and standard of construction as the 
pavement laid in the street through which the railway line 
passes at the point where said surface material is disturbed, 
— and by inserting after the word "disturbance", in the 
twenty-seventh line, the words : — Whenever a city or 
town installs a kind of paving or paving base different from 
that existing on the street, the street railway company shall 
at the same time, or at such future time as the local authority 
shall agree to, install the same kind of paving material and 
base in its part of the street, — so as to read as follows : — 
Section 79. A street railway company shall not be required 
to keep any portion of the surface material of streets, high- 
ways and bridges in repair, but it shall remain subject to all 
legal obligations imposed in original grants of locations, and 
may, as incident to its corporate franchise, and without 
being subject to the payment of any fee or to any other con- 
dition precedent, open any street, highway or bridge in 
which any part of its railway is located, for the purpose of 
making repairs or renewals of the railway, or of any part 
thereof, and the superintendent of streets or other officer 
who exercises like authority, or the board of aldermen or 
selectmen shall issue the necessary permits therefor in a 
city or town in which such are required. If, during the 
original construction or subsequent alteration or extension 
or the making of any such repairs or renewals of any railway 
or a portion thereof, said surface material is disturbed, the 
company which owns or operates such railway shall, at its 
own cost, except as provided in sections sixty-five and 
seventy-one, replace to the reasonable satisfaction of the 



Repair of 

streets, 
highways and 
bridges by 
street railway 
companies, 
regulated. 



General Acts, 1916. — Chap. 302. 331 

superintendent of streets, or other officer who exercises hke Repair of 
authority, said surface material with the same form and highVaysand 
standard of construction as the pavement laid in the street gtr'eeTraiiway 
through which the railway line passes at the point where re^fa^teT' 
said surface material is disturbed, or, by first obtaining the 
approval thereof by such officer, with a different material 
and form of construction, and shall restore said street, high- 
way or bridge to as good condition as existed at the time of 
such disturbance. Whenever a city or town installs a kind 
of paving or paving base different from that existing on the 
street, the street railway company shall at the same time, 
or at such future time as the local authority shall agree to, 
install the same kind of paving material and base in its part 
of the street. A street railway company shall be liable for Liability. 
any loss or injury which may be sustained by any person 
in the management and use of its tracks and during the 
construction, alteration, extension, repair or renewal of its 
railway, or while replacing the surface of any street which 
may have been disturbed as aforesaid, and which results 
from the carelessness, neglect or misconduct of its agents or 
servants who are engaged in the prosecution of such work, 
if notice of such loss or injury is given to the company and 
an action therefor is commenced in the manner provided 
by section twenty of chapter fifty-one of the Revised Laws. 
The provisions of this section shall not affect the obligations Restriction, 
of any street railway company in respect of the construction 
or maintenance of any bridge or part thereof which any 
private person or corporation may be liable, in whole or in 
part, to construct or maintain. 

Section 2. If any street railway company refuses or Refusal or 
neglects to comply with the provisions of this act, the city com^a*nyf 
or town affected may cause the work specified in section one expense^ °^ 
to be done, either by its own employees or by contract; and 
recover the expense therefor from the street railway company 
in an action of contract. 

Section 3. So much of section one of chapter five hun- Repeal, 
dred and seventy-eight of the acts of the year eighteen 
hundred and ninety-eight as is inconsistent herewith is 
hereby repealed. 

Section 4. The provisions of this act shall not apply to Not to apply 
street railway companies liable for the payment of the cCmpanies. 
commutation or excise tax imposed upon street railway 
companies under the provisions of sections forty-eight, fifty 
and fifty-one of Part III of chapter four hundred and. ninety 



332 



General Acts, 1916. — Chaps. 303, 304. 



1912, 70G, § 1, 
amended. 



of the acts of the year nineteen hundred and nine and acts 
in amendment thereof and in addition thereto. 

Section 5. This act shall take effect upon its passage. 

Apyromd June 2, 1916. 

Chap. SOS An Act to establish certain qualifications for 

MEMBERS OF THE MINIMUM WAGE COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seven hundred and 
six of the acts of the year nineteen hundred and twelve is 
hereby amended by striking out the second sentence, and 
inserting in place thereof the following : — It shall consist 
of three persons, one of whom shall be an employer of female 
labor and one of whom may be a woman and one a repre- 
sentative of labor, to be appointed by the governor with the 
advice and consent of the council, — so as to read as fol- 
lows : — Section 1 . There is hereby established a commission 
to be known as the Minimum Wage Commission. It shall 
consist of three persons, one of whom shall be an employer 
of female labor and one of whom may be a woman and 
one a representative of labor, to be appointed by the gover- 
nor with the advice and consent of the council. One of the 
commissioners shall be designated by the governor as chair- 
man. The first appointments shall be made within ninety 
days after the passage of this act, one for a term ending 
October first, nineteen hundred and thirteen, one for a term 
ending October first, nineteen hundred and fourteen, and 
one for a term ending October first, nineteen hundred and 
fifteen; and beginning with the year nineteen hundred and 
thirteen, one member shall be appointed annually for the 
term of three years from the first day of October and until 
his successor is qualified. Any vacancy that may occur 
shall be filled in like manner for the unexpired part of the 
term. 

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

A-pf roved June 2, 1916. 



Minimum 
Wage 

Commission. 
Qualifications 
of members. 



Vacancy. 



C/iap. 304 An Act to provide for reports by clerks of courts to 

THE board of registration IN MEDICINE OF CERTAIN 
CONVICTIONS. 

Be it enacted, etc., as follows: 

Surtsto Section 1. Whenever a physician registered in this 

report certain commonwcaltli is couvictcd of a felony, or of a crime in 

convictions ^ 



General Acts, 1916. — Chap. 305. 333 

connection with the practice of medicine, or an unregistered regSation 

practitioner is convicted of holding himself out as a prac- in medicine. 

titioner of medicine, or of practising medicine, it shall be 

the duty of the clerk of the court in which such conviction 

is made, within one week thereafter, to report the same to 

the board of registration in medicine, together with a copy 

of the court proceedings in the case. 

Section 2. A clerk of any court in this commonwealth, Penalty, 
who fails to comply with the provisions of section one shall, 
for each offence, be punished by a fine of not less than one 
or more than ten dollars. A-pproved June 2, 1916. 



Chap.S05 



An Act relative to the use by the treasurer and 
receiver general of moneys received from the 
boards of registration in embalming, of nurses 
and in optometry, and to the expenditures of said 

BOARDS. 

Be it enacted, etc., as follows: 

Section 1. Any moneys received by the treasurer and Jnd'r^^ver 
receiver general from the board of registration in embalming, general may 
the board of registration of nurses and the board of registra- received from 
tion in optometry before July first, nineteen hundred and of regrstratLn. 
sixteen, which have been held in funds for the payment of 
such expenses as said boards are authorized to incur, may, 
after said date, be used as a part of the ordinary revenue of 
the commonwealth. 

Section 2. From and after July first, nineteen hundred Boards not 

••• ^ 1 • i> incur 

and sixteen, the boards of registration in embalming, of expenses in 
nurses and in optometry shall not incur any expenses in receipts, etc. 
excess of the receipts for registration paid into the treasury 
of the commonwealth by said boards, nor unless appropria- 
tions have been made authorizing said expenditures. It 
shall thereafter be the duty of said boards to file with the 
auditor of the commonwealth, on or before November 
fifteenth of each year, a detailed estimate of the proposed 
expenditures for said boards of registration for the ensuing 
year. 

Section 3. All acts and parts of acts inconsistent here- Repeals. 
with are hereby repealed. Section twenty of chapter seventy- 
six of the Revised Laws is hereby repealed. 

Approved June 2, 1916. 



334 



General Acts, 1916. — Chap. 306. 



1915, 292 (G), 
§ 2, amended. 



Liens for 
repairs and 
materials on 
buildings and 
land. 



Chap.SOQ An Act relative to liens for labor and materials on 

BUILDINGS AND LAND. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
ninety-two of the General Acts of the year nineteen hundred 
and fifteen is hereby amended by striking out the word 
"he", in the tenth Hne, by striking out the word "furnish", 
in the same hne, and inserting in place thereof the words: 

— be furnished, — by inserting after the word "notice", 
in the eleventh line, the words : — may be filed or recorded 
by any person entitled under the provisions of this act to 
enforce a lien and, — by striking out at the end of the form 
of notice provided in said section the word "Contractor", 
and by striking out the paragraph immediately following the 
form of notice beginning with the word "No", down to and 
including the word "thereunder", and by inserting after the 
word "thereof", in the twenty-ninth line, the words: — and 
may be filed by any party entitled to file the original notice, 

— so as to read as follows : — Section 2. A person who 
enters into a written contract with the owner of land for the 
whole or any part of the erection, alteration, repair or re- 
moval of a building or structure upon land, or for furnishing 
material therefor, shall havd a lien upon said building or 
structure and upon the interest of the owner in said lot of 
land as appears of record at the date when notice of said 
contract is filed or recorded in the registry of deeds for the 
county or district wherein such land lies, to secure the pay- 
ment of all labor and material which shall thereafter be 
furnished by virtue of said contract. Said notice may be 
filed or recorded by any person entitled under the provisions 
of this act to enforce a lien and shall be in substantially the 
following form : — 

Notice is hereby given that by virtue of a written con- 
tract, dated 191 , 
between , owner, 
and , 
contractor, said contractor is to furnish labor and material 
for the erection, alteration, repair or removal of a building 
on a lot of land described as follows : 
Said contract is to be completed on or before 

191 . 
Extension of ^ noticc of any extension of such contract, stating the 

coiiLr&ct » iiotico *^ ^iiiiiij^ii 11 

to be filed, etc. (jate to which it IS extended, shall also be filed or recorded 



Form of 
notice. 



General Acts, 1916. — Chap. 306. 335 

in the registry prior to the date stated in the notice of a 
contract for the completion thereof, and may be filed by 
any party entitled to file the original notice. 

Such notices, and all other instruments hereinafter required ]^gXy of 
to be filed or recorded in the registry of deeds, affecting *i'=*''^- 
registered land shall be filed and registered in the manner 
prescribed by section seventy of chapter one hundred and 
twenty-eight of the Revised Laws and acts in amendment 
thereof and in addition thereto. Such notices, and all other 
instruments hereinafter required to be filed or recorded in 
the registry of deeds, affecting unregistered land shall be 
indexed in a separate book to be kept for that purpose. 

Section 2. Section three of said chapter two hundred fif'amenS. 
and ninety-two is hereby amended by striking out the last 
sentence thereof, so as to read as follows : — Section 3. If Enforcement 
the notice aforesaid shall have been filed or recorded in the 
registry of deeds, as hereinbefore provided, any person who 
shall, subsequent to the date of filing or recording notice of 
said contract, furnish labor or material, or perform labor, 
under a contract with a contractor or with any sub-contractor 
of said contractor shall be entitled to enforce a lien on the 
premises therein described for any labor performed, or labor 
or material furnished, subsequent to the filing or recording 
of said notice and prior to the date of the termination of 
said contract as stated in said notice or notices. 

Section 3. Section four of said chapter two hundred g^lfamLdid 
and ninety-two is hereby amended by striking out all after 
the word "Laws", in the thirteenth line, down to and in- 
cluding the word "process", in the seventeenth line, and 
by striking out all after the word "thereunder", in the 
twenty-fourth line, down to and including the word "pro- 
vided", in the twenty-sixth line, so as to read as follows: — 
Section 4- AH proceedings to enforce a lien upon land for Bill in 
the erection, alteration, repair or removal of a building or medTo ° 
other structure, shall be begun by bill in equity iiled in the ^'^^°^''^ ''''°- 
superior court for the county in which the land lies. The 
petitioner shall bring his bill in his own behalf and in behalf 
of all other persons in interest who shall become parties. 
The subpoena shall be returnable not more than sixty daj^s 
subsequent to the entry of the bill and shall contain a brief 
description of the property, sufficient to identify it, and a 
statement of the amount alleged to be due. An attested ^ig^^j^''^® 
copy thereof shall be filed in the registry of deeds and re- registry of 
corded as provided in section eight of chapter one hundred 
and ninety-seven of the Revised Laws. All other parties 



336 



General Acts, 1916. — Chap. 307. 



Certain 

terms 

defined. 



1915, 292 (G), 
§ C, amended. 



Lien not to 
avail against 
mortgage, 
unless. 



191,'), 292 (G), 
§ 10, amended. 



Liens for 
personal 
labor, etc., 
to be preferred. 



in interest may appear and have their rights determined in 
such bill, and at any time before a final decree, upon the 
suggestion of any party in interest that any other person 
is or may be interested in the suit, or of its own motion, the 
court may issue a subpoena to such person, or a precept 
directing him to appear in said cause on or before a day 
certain or be forever barred from any rights thereunder. 
The court may in its discretion provide for notice to absent 
parties in interest. The terms "party in interest" and 
"person in interest", as used in this act, shall include 
mortgagees and attaching creditors. 

Section 4. Section six of said chapter two hundred and 
ninety-two is hereby amended by striking out the word 
"mortgagee", in the tenth line, and inserting in place thereof 
the word : — mortgage, — so as to read as follows : — Sec- 
tion 6. No lien, except under the provisions of section one, 
shall avail as against a mortgage actually existing and duly 
registered or recorded prior to the filing or recording in the 
registry of deeds of the notice required by the provisions of 
this act, and no lien under section one shall avail as against 
such a mortgage unless the work or labor performed is in 
the erection, alteration, repair or removal of a building or 
structure which erection, alteration, repair or removal was 
actually begun prior to the recording of the mortgage. 

Section 5. Section ten of said chapter two hundred and 
ninety-two is hereby amended by adding at the end thereof 
the words: — prior to the recording of the attachment, — 
so as to read as follows: — Section 10. The rights of an 
attaching creditor shall not prevail as against the lien for 
personal labor provided for in section one, nor against the 
claim of a lienor where notice or notices of contract have been 
filed or recorded in the registry of deeds as provided in section 
two prior to the recording of the attachment. 

Section 6. This act shall take effect upon its passage. 

Approved June 2, 1916. 



Chap. ^07 An Act relative to the persons entitled to compen- 
sation FOR injuries sustained IN THE COURSE OF THEIR 
EMPLOYMENT. 

Be it enacted, etc., as foUoivs: 

imende^ci ^ ''' Section 1. Scctiou scven of chapter eight hundred and 
seven of the acts of the year nineteen hundred and thirteen 
is hereby amended by inserting after the word "persons", 



General Acts, 1916. — Chap. 308. 337 

in the fourth hne, the words : — in pubhc employments, — 

so as to read as follows : — Section 7. The provisions of Certain public 

*iiiir»c (•! i«i employees not 

chapter seven hundred and fatty-one or the acts or the year entitled to 
nineteen hundred and eleven, and acts in amendment thereof compensation. 
and in addition thereto shall not apply to any persons in 
public employments other than laborers, workmen and 
mechanics employed by counties, cities, towns, or districts 
having the power of taxation. 
Section 2. This act shall take effect upon its passage. 

Ay proved June 2, 1916. 



Chap.SOS 



An Act to transfer to the state board of labor and 
industries certain powers and duties heretofore 
exercised jointly by such board and the industrial 
accident board. 

Be it enacted, etc., 'as follows: 

Section 1. The powers and duties of the state board of franftlw^to^ 
labor and industries and the industrial accident board, state board 
sitting jointly, in accordance with the provisions of chapter industries. 
eight hundred and thirteen of the acts of the year nineteen 
hundred and thirteen, are hereby transferred to the state 
board of labor and industries. 

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

Approved June 2, 1916. 



General Acts passed at Extra Session, September 12-14, 
1916, printed on pages 589 to 598. 



338 Note. 

The general court of 1916, during its annual session, passed 302 
General Acts, 367 Special Acts and 163 Resolves which received 
executive approval. 

Six (6) General Acts entitled, respectively, "An Act exempting 
certain employees from medical examination for life insurance", 
(Chapter 12) ; "An Act relative to the payment to county treasurers 
by clerks of courts of interest on money paid into the superior 
court", (Chapter 38); "An Act relative to search warrants under 
the law relating to certain drugs", (Chapter 117); "An Act to 
exempt certain illiterate married women from compulsory attend- 
ance at evening schools", (Chapter 82); "An Act relative to the 
removal of city sohcitors", (Chapter 99); and "An Act to provide 
punishment for attempted escapes from the prison camp and hos- 
pital", (Chapter 187) ; and six (6) Special Acts entitled, respectively, 
"An Act relative to the membership of Edward L. Eand in the fire 
department of the city of Boston", (Chapter 113); "An Act to 
authorize the city of Boston to grant a location to a street railway 
company in Pleasant street in said city", (Chapter 153); "An Act 
to authorize the conveyance of a certain burial lot in the city of Fall 
River", (Chapter 200); "An Act to extend the time within which 
the Belchertown Water Company shall complete certain work", 
(Chapter 214); "An Act to authorize the mayor of the city of 
Worcester to appoint Thomas J. Munroe as police ambulance at- 
tendant", (Chapter 228); and "An Act to authorize the city of 
Boston to pay a sum of money to Grant Gately and Olive P. Gately 
or their legal guardian", (Chapter 235); and one (1) Resolve 
entitled, "A Resolve providing for reprinting the guide book of the 
state house", (Chapter 25), were passed, but failed to receive 
executive approval; as, however, they were not returned, with 
objections thereto, within five days after they had been received in 
the executive department, the general court not having been pro- 
rogued in the meantime, said acts and resolve have the force of 
laws, under the provisions of the constitution governing such cases, 
and have been so certified. 

One (1) Special Act entitled, "An Act to set off a part of the 
town of Blackstone and to incorporate the same as the town of 
Millville", (Chapter 282) was passed and laid before the governor 
for his approval; was returned by him with objections thereto, to 
the branch in which it originated; was reconsidered, agreeably to 
the provisions of the constitution, and the vote being taken on its 
passage, the objections of the governor thereto notwithstanding, it 
was passed, and said act has thereby the force of law. 

Seven (7) General Acts entitled, respectively, "An Act relative 
to the appointment and terms of oflSce of heads of departments and 
municipal boards in cities", "An Act to increase the nmnber of 
quail that may lawfully be taken in one day and in one year", "An 
Act to regulate the keeping and sale of inflammable compoimds for 
use as stove polish", "An Act relative to reporting cases to the 
supreme judicial court", "An Act relative to the appointment of 
national banks as trustees, administrators and executors", "An 
Act relative to the Worcester state asylum", and "An Act to pro- 
hibit the sale or distribution of trading stamps, coupons or similar 
devices", and eight (8) Special Acts entitled, respectively, "An Act 



Note. 339 

to provide for the improvement by the city of Boston of the Old 
Harbor part of Dorchester bay", "An Act to authorize the city of 
New Bedford to incur indebtedness for the widening of Union 
street", "An Act to authorize the reinstatement of Roland P. 
Green as a member of the police department of the city of Boston", 
"An Act to authorize the reinstatement of John T. Flatley as a 
member of the police department of the city of Boston", "An Act 
relative to the construction and use of a building by the Boston 
Sunday Evangelistic Committee, Inc.", "An Act to provide for the 
widening, extension and construction of I and Dorchester streets 
in the city of Boston", "An Act relative to days off for members of 
the poHce department of the city of Boston", and "An Act relative 
to the extension of the tracks of the Union Freight Railroad Com- 
pany on Northern avenue bridge in the city of Boston", were passed 
and laid before the governor for his approval ; were returned by him 
with his objections thereto, to the branch in which they respectively 
originated; were reconsidered, and the vote being taken on their 
passage, the objections of the governor thereto notwithstanding, 
they were rejected, and said acts thereby became void. 

The general court was prorogued on Friday, June 2, at 6.58 p.m., 
the session having occupied 150 days. 



THE 

CIVIL GOVERNMENT 

OF 

Sl|f (Hommnnturaltli uf MuBBatl^iXBtttB, 

AND NAMES OF OFFICERS IMMEDIATELY CONNECTED THEREWITH 
FOR THE POLITICAL YEAR 

1916. 



EXECUTIVE DEPARTMENT. 



HIS EXCELLENCY 

SAMUEL W. McCALL, 



Stanley R. Miller 
Henry F. Long . 
Edward F. Hamlin 



Governor. 



HIS HONOR 



Private Secretary. 
Assistant Private Secretary. 
Executive Secretary. 



CALVIN COOLIDGE, 

Lieutenant Governor. 



COUNCIL - 
I.— DAVID L. PARKER 
II.— RICHARD F. ANDREWS 
III. —TIMOTHY J. BUCKLEY. 
IV. —HERBERT P. WASGATT 
v. — FREDERICK H. TARR . 
VI. — HENRY C. MULLIGAN . 
VIL — CHANNING SMITH. 
VIII. —CHARLES H. WRIGHT . 



(By Districts). 



New Bedford. 

Boston. 

Boston. 

Everett. 

Rockport. 

Natick. • 

Leicester. 

Pittsfield. 



ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 
Herbert H. Boynton, Deputy Secretary. Peter F. J. Carney, 2d Deputy. 

CHARLES L. BURRILL, 

Treasurer and Receiver General. 

George B. Willard,* Deputy. Ralph H. Croswell, Accountant. 

Wendell P. Marden, Cashier. 

ALONZO B. COOK, 

Auditor of the Commonwealth. 
William D. Hawley, Deputy Auditor. Carl A. Raymond, 2d Dejnity. 

James Pope, 1st Clerk. Arthur E. Hoyt, Accountant. 

HENRY C. ATTWILL, 

Attorney-General. 
Nelson P. Brown, H. Ware Barnum, 

William Harold Hitchcock, Arthur E. Seagrave, 

John W. Corcoran, 

Assistant Attorneys-General. 

Louis H. Freese, Chief Clerk. 



From May ,'>, 1916, to succeed Henry S. Bridge, retired. 



LEGISLATIVE DEPARTMENT. 



GENERAL COURT. 

Arranged in Accordance with the District Revision of 1906. 



se:n^ate. 



President — llE^RY G. WELLS. 



District. 


Name of Senator. 


Residence. 


First Suffolk, 








John E. Beck, 




Chelsea. 


Second " 








James I. Green, . 




Boston. 


Third " . 








Philip J. McGonagle, . 




Boston. 


Fourth " 








Edward F. McLaughlin, 




Boston. 


Fifth " 








Martin Hays, 






Boston. 


Sixth " 








Daniel J. Chapman, 






Boston. 


Seventh ' ' 








James P. Timilty, 






Boston. 


Eighth " 








W. Prentiss Parker, 






Boston. 


Ninth " 








Sanford Bates, 






Boston. 


First Essex, 








George H. Jackson, 






Lynn. 


Second ' ' 








E. Howard Perley, 






Salem. 


Third " 








Charles D. Brown, 






Gloucester. 


Fourth " 








Henry G. Wells, . 






Haverhill. 


Fifth " 








James R. Tetler, 






Lawrence. 


First Middlesex, 








George 11. Ellis, . 






Newton. 


Second ' ' 








James W. Bean, . 






Cambridge. 


Third 








Charles W. Eldridge, 






Somerville. 


Fourth 








James F. Cavanagh, 






Everett. 



Senate. 



U5 



District, 



Name of Senator. 



Residence. 



Fifth Middlesex, 

Sixth 

Seventh ' ' 

Eighth " 

First Worcester, 

Second ' ' 

Third " 

Fourth ' ' 

Worcester and Hampden, 

First Hampden, 

Second " 

Franklin and Hampshire, 

Berkshire, . 

Berkshire, Hampshire and 

Hampden. 
First Norfolk, 

Second " 

First Plymouth, 

Second ' ' 

First Bristol, 

Second " 

Third " 

Cape, . 



Nathan A. Tufts, . 
Wilton B. Fay, . 
Charles A. Kimball, 
George E. Marchand, 
Robert M. Washburn, 
Clarence W. Hobbs, Jr., 
Frank S. Farnsworth, . 
William A. L. Bazeley, 
Herbert E. Cummings, 
Gurdon W. Gordon, 
John F. Sheehan, 
John W. Haigis, . 
Frank Bax'tlett, 
John B. Hull, 
Louis F. R. Langelier, 
Orion T. Mason, . 
Charles S. Beal, . 
Ezra W. Clark, . 
Joseph Williaiu Martin, Jr. 
AValter E. McLane, 
Richard Knowles, 
Charles L. Gifford, 



Waltham. 

Medford. 

Littleton. 

Lowell. 

Worcester. 

Worcester. 

Leominster. 

Uxbridge. 

North Brookfield. 

Springfield. 

Ilolyoke. 

Montague. 

Pittsfield. 

Gt. Barrington. 

Quincy. 

Medway. 

Rockland. 

Brockton. 

North Attlebor- 

ough . 
Fall River. 

New Bedford. 

Barnstable. 



HE'NRY D. COOLIDGE, . 
EDWARD A. HORTON, . 
THOMAS F. PEDRICK, . 



Clerk. 

Chaplain. 

Sergeant-at-Arms. 



346 



House of Representatives. 



HOUSE OF REPRESEN^TATIYES. 



(Speayfcer — CHANNING H. COX. 



COUNTY OF SUFFOLK. 



Town or Ward. 



Name of Representative. 



Residence. 



1st, 



2d, 



3a, 



4th, 



5th, 



6th, 



7th, 



8th, 



9th, 



10th, 



Boston, Ward 1, . 



Boston, Ward 2, 



Boston, Ward 3, 



Boston, Wards 4 and 5, 



Chelsea, Wards 1 and 2, 



Boston, Ward 6, 



Boston, Ward 7, 



Boston, Ward 8, 



Boston, Ward 9, 



Boston, Ward 10, 



Thomas J. Giblin, . 
Edward I. Kelley, . 

Manassah i^. Bradlej', 
John J. Kearney, . 

James J. Brennan, 
John J. Gillis, 

John P. Mahoney, . 
Michael J. McNamee, 
Charles J. McNulty, 

Joseph M. Levenson, 

Vincent Brogna, 
Felix A. Marcella, . 

Jolm L. Donovan, . 

John I. Fitzgerald, . 
David Maneovitz, . 

Thomas F. Donovan, 
Samuel Silverman, . 

Channing H. Cox, . 
Samuel Davis, 



Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Chelsea. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 



House of Representatives. 

COUNTY OF SUFFOLK — Continued. 



347 



District. 



Town or Ward. 



11th, Boston, Ward 11, 



12th, Boston, Ward 12, 



13th, Boston, Ward 13, 



14th, Boston, Ward 14, 



15th, Boston, Ward 15, 



16th, Boston, Ward 16, 



17th, Boston, Ward 17, 



18th, Boston, Ward 18, 



19th, Boston, Ward 19, 



20th, Boston, Ward 20, 



21st, Boston, Ward 21, 



22d, Boston, Ward 22, 



23d, Boston, Ward 23, 



24th, Boston, Ward 24, 



25th, Boston, Ward 25, 



Name of Representative. 



Arthur E. Burr,