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

GENERAL ACTS 



PASSED BY THE 



(^mtvnl (^m\i of '^m^uhmtiH, 



IN THE YEAR 



191t, 



TOGETHER WITH 

THE CONSTITUTION, LIST OF THE OFFICERS OF THE 

CIVIL GOVERNMENT, TABLES SHOWING CHANGES 

IN THE GENERAL STATUTES, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTEliS, 

32 DERNE STREET. 

1917. 



A CONSTITUTION 



FORM OF GOVERNMENT 



®I|p dnmmotmipaltli of iiaHsarljuMta 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body 8<^^ernment. 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

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

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



CONSTITUTION OF THE 

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

MOmVEALTH OF MASSACHUSETTS. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 
Protection 
therein. 
2 Oush. 104. 
12 Allen, 1-29. 



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



Legislature 
empowered to 
compel provi- 
sion for public 
worehip ; 



PART THE FIRST. 

A Declaration of the Bights of the Ifihahitants of the 
Oommomvealth 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, tind protecting property ; in fine, that of seeking and 
obtaining their safety and happiness. 

II. It is the right as well as the duty of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the great Creator and Preserver of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not distm'b the 
public peace, or obstruct others in theu* religious worship. 

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



COMMONWEALTH OF MASSACHUSETTS. 5 

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

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

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

And all moneys paid by the subject to the support of ^^om°parochiai 
public worship, and of the public teachers aforesaid, shall, ^''ald^^lesB^ 
if he require it, be uniformly applied to the support of the etc. 
public teacher or teachers of hi* own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Cliristians, demeaning them- AUdenomina. 
selves peaceably, and as good subjects of the commonwealth, protect*id! ^ 
shall be equally under the protection of the law : and no subord^ination 
subordination of any one sect or denomination to another anotherp'ro**' 
shall ever be established by law.] Hbued. 

IV. The people of this commonivealth have the sole Right of self 
and exclusive right of governing themselves, as a free, Bscured. 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 

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

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

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

VI. No man, nor corporation, or association of men, services ren. 
have any other title to obtain advantages, or particular puifucbe^ng 
and exclusive privileges, distinct from those of the com- p^cuuirprf^^* 
munity, than what arises from the consideration of ser- feges, heredi- 

.^ ' , .... tary offices are 

vices rendered to the public ; and this title bemg in absurd and 
nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 



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



Right of people 
to secure rota- 
tion in office. 



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

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

See amend- 
ments, Art. 
XXXIX. 
6 Gush. 327. 
34 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. 

YII. 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 liave 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 oiEcers 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 
emplo3mients. 122 Mass. 595, 596. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
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. 

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



right and 



COMMONWEALTH OF MASSACHUSETTS. 7 

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

XII. No subject shall be held to answer for any crimes Proserations 
or offence, until the same is fully and plainly, substantially s pick. 211. 
and formally, described to him ; or be compelled to accuse, is pick. 434. 
or fm-nish evidence against himself. And every subject 2Vet.'329^^' 
shall have a right to produce all proofs that may be favor- l^Q^lf--^'^^' 
able to him ; to meet the witnesses against him face to face, & gray', leo. 
and to be fully heard in his defence by himself, or his 10 Gray, 11* 
counsel, at his election. And no subject shall be arrested, 2 AuTn^ei.' 
imprisoned, despoiled, or deprived of his property, immu- 24ot2'64°'439^ 
nities, or privileges, put out of the protection of the law, ja^iien 170. 
exiled, or deprived of his life, liberty, or estate, but by the 9t kass.'sTo, 
judgment of his peers, or the law of the land. looMass. 287, 

107 Mass, 172, 180. 118 Mass. 443, 451. 122 Mass, 332, 127 Mass. 550, 554. 103'Ma8S. 418. 

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

And the legislature shall not make any law that shall by^u*,y°in"^^ 
subject any person to a capital or infamous punishment, criminal cases, 
exceptinof for the government of the army and navy, with- s Gray, 329, 373. 

, •^. -.'^ . ° *^ "^ 103 Mass. 418, 

out trial by jury. 

XIII. In criminal prosecutions, the verification of facts , Crimes to be 
in the vicinity where they happen, is one of the gxeat- vidlity!" 

est securities of the life, liberty, and property of the i2i'Mass!'6i,62. 
citizen . 

XIV. Every subject has a right to be secure from all ^nttzuTe"*"^ 
unreasonable searches, and seizures, of his person, his j:fg"ifted 

1 11 1 • • *ii X Const, of U. 8., 

houses, his papers, and all his possessions. All warrants, Amend'tiv. 
therefore, are contrary to this right, if the cause or founda- scush.Wg. 
tion of them be not previously supported by oath or affir- j3^Gmy,^454. 
mation, and if the order in the warmnt to a civil officer, to Joo^ag^g'/i'fg, 
make search in suspected places, or to arrest one or more ||g-jj,^gg 269 
suspected persons, or to seize then- 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 exdptfete"* ' 
which it has heretofore been otherways used and practised, imentrt vii!'' 
the parties have a right to a trial by jury ; and this method 2 pj^^;'^^'^; 
of procedure shall be held sacred, unless, in causes arising 5^ray,i44. 

i-i.i T 1 1 J , • i ^ Gray, 373. 

on the hiffh seas, and such as relate to mariners wages, ii Alien, 574, 
the legislature shall hereafter find it necessary to alter it. i02'Mas8.45,47. 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



Right to keep 
and bear arms. 
BtaudiDg armies 
dangerous. 
Military power 
subordinate to 
civil. 
6 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 BUS- 
pend the laws 
or their execu- 
tion. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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 jfrugality, 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 lawg-ivers and mao^istrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

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

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

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

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. 

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



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- i2Ti?en, 421, ' 
clared crimes by preceding laws, are unjust, oppressive, ^*'^28,434. 
and inconsistent with the fundamental principles of a free 
government. 

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

XXVI. No magistrate or court of law shall demand o/flne^'^fi.d^" 
excessive bail or sureties, impose excessive fines, or inflict cmei pimish. 

-, . 1 merits, pro- 

Cruel or unusual punishments. 5 Gray, 482. hlbited. 

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 houre7uniTs8°^ 
in time of war, such quarters ought not to be made but ''**'' 

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

XXVni. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiTi™uni^sT,*Itc. 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judges of su. 
of every individual, his life, liberty, property, and charac- cou™? ^^'^'"** 
ter, that there be an impartial interpretation of the laws, VGr&i^m. 
and administration of justice. It is the right of every ^;|}}^°'^^i- 
citizen to be tried by judges as free, impartial, and inde- los Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, TeAure'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 court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing Salaries. 
laAvs. 

XXX. In the government of this commonwealth, the separationof 
legislative department shall never exercise the executive dairandVgis!' 
and judicial powers, or either of them : the executive shall meX^^^^'*' 
never exercise the legislative and judicial powers, or either giiTen' sei" 
of them: the iudicial shall never exercise the lecfislative 8Aiieu',247,253. 

•) o 200 Mass. 282 

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

, j_ jy ^ ^ i. 1} 114 Mass. 247, 

may be a government ot laws and not oi men. 249. 

116 Mass. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



PAET THE SECOND. 

The Frame of Government. 

politic * ^""^^ 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 Commonwealth of Massachusetts. 



CHAPTEE I 



Legislative 
department. 



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



Governor's 

veto. 

99 Mass. 636. 



Bill may be 
passed by two- 
thirds of eacii 
house, notwith- 
Btanding. 



THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

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

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

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shaU, 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 haAc 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™e'51erai° 
five days after it shall have been presented, the same shall the Avedafs, 

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

mentB, Art. I. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and jTidTcatoriee"*^ 
com-ts of record, or other courts, to be held in the name o?dretc.* "^^"^ 
of the commonwealth, for the hearing, trying, and deter- l^Q^l'\i^-j 
mining of all manner of crimes, offences, pleas, processes, i54. 
plaints, actions, matters, causes, and things, whatsoever, 

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

V ,. ^ .'^~. may administer 

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

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

1 J 1 ) ,1 • 1 1 , "p /• i may enact laws, 

given and granted to the said general court, from time to etc. 
time to make, ordain, and establish, all manner of whole- 4 AiTen',473'. 
some and reasonable orders, laws, statutes, and ordinances, ^g^^"®"^-^^^- 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out; so as the same be not repugnant or contrary to this iie Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government repugnlnt to * 
and ordering thereof, and of the subjects of the same, and the constitution. 

1 T n i^ ^ '6 Allen, 358. 

tor the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or'^appointment 
within the said commonwealth, the election and consti- n5Ma8r602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thSr dStfeT"^*^^ 
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 

niayTmpose'^' ^^^^^ coiistitution ; and to impose and levy proportional 
taxes, etc. See and reasonable assessments, rates, and taxes, upon all the 
Art. xLiand inhabitants of, and persons resident, and estates lying, 
12 Mass. 252'. within the said commonwealth ; and also to impose and 
eAiieSisl! levy reasonable duties and excises upon any produce, 
ioUoen?23'5^^^' goods, warcs, merchandise, and commodities, whatsoever, 
12 Allen '77 ^223 bi'ouglit iuto, produccd, manufactured, or being within 
235, 238,'24o'. ' the sauic ; to be issued and disposed of by warrant, under 
zn', 500', 612. the hand of the governor of this commonwealth for the 

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

101 Mass. 575. £^^ ^|^^ pubUc scrvicc, in the necessary defence and sup- 
114 Mass! 388! P^^^ ^^ ^'^^ govcmment of the said commonwealth, and 
iie'Mass 461 ^1^^ protection and preservation of the subjects thereof, 
118 Mass. 386, according to such acts as are or shall be in force within 

123'Mass. 493, tllC SaUlC. 

127'Mass. 413. And Avhilc thc public charges of government, or any 
ta™sVte ^tole P^^'^ thcrcof, shall be assessed on polls and estates, in the 
disposed of for manner that has hitherto been practised, in order that 

defence, protec- -i • ■, i-ii in 

tion, etc. such assessiiicnts may be made with equality, there shall 

Valuation of bc a valuation of estates within the commonwealth, taken 
teif yMrT'at'" ^ncw oucc in cvcry ten years at least, and as much oftener 
least, while, etc. as thc crencral court shall order. 

8 Allen, 247. & 

126 Mass. 547. p^j. ^|^g authority of the general court to charter cities, see amendments, Art. U. 

For the state wide referendum on bills and resolves of the general court, see 
amendments, Art. XLII. 



CHAPTER I. 

Section II. 

Senate. 

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

Superseded by ....-,-, ^ 

amendments, qualified as lu this constitutiou IS provided, torty persons 
which was also to bc couucillors and senators for the year ensuing their 
amSmems^^ clcction ; to bc choscu by the inhabitants of the districts 
Art. XXII. j^^Q which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
Forprovi^sionas timclv make known to the inhabitants of the common- 

to councdlors, iii-,.. /. , -,. , -ii ■, n 

see amend- wcalth the liiiiits of cach district, and the number ot coun- 

XYi!' ' cillors and senators to be chosen therein ; provided, that 

the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, diltrictTmim 
until the general court shall determine it necessary to etc 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
Count}' and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Sufiblk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

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

o time of choosing 

ure ; and the senators shall be chosen in the following man- senators aud 
ner, viz. : there shall be a meeting on the [fii'st Monday in amendments, 
April,] annually, forever, of the inhabitants of each town xv!' a's^" 
in the several counties of this commonwealth ; to be called ame'udmente, 
by the selectmen, and warned in due course of law, at ^^'^;,jYions as to 
least seven days before the ffirst Monday in April,] for qualifications of 

.;, L J I'J voters, Buper- 

the purpose ot electing persons to be senators and coun- sededbyamend- 
cillors ; [and at such meetings every male inhabitant of iii., xx., 
twenty-one years of age and upwards, having a freehold xxx.,x'xxi. 
estate within the commonwealth, of the annual income of word^'inhabi- 
three pounds, or any estate of the value of sixty pounds, l^^eai^^^o^'a^en.j 
shall have a rioht to give in his vote for the senators for ments, Art. 

O o XXIU which 

the district of which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word ' ' inhabi- 12'^Gray, 21.' 
tant" in this constitution, every person shall be considered 122 Mass. 095, 
as an inhabitant, for the purpose of electing and being 
elected into 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 

• 11 Till • 1 J. i> preside at town 

such meetings impartially ; and shall receive the votes 01 meetings. 
all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, Return of votes. 
who shall make a fau* record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up. Art. 11, 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



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



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



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



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



Senate to be 
final judge of 
elections, etc., 



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

III. 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 theu* 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. 

ly. 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 of its own mem. 
last Wednesday in May] annually, determine and declare Time changed 
who are elected by each district to be senators [by a day of January 
majority of votes; and in case there shall not appear to m^entefArt.x. 
be the full number of senators retvirned elected by a ^^nged to 
majority of votes for any disti'ict, the deficiency shall be Amendments 
supplied in the following manner, viz. : The members of Ai-t. 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 ^^^j"'''®^' ^°^ 
senators sufficient to fiill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in pe^oVie" ^ 
every district of the commonwealth ; and in like manner me^nt^Art. 
all vacancies in the senate, arising by 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, fgh^ed°'^^''°'' 
of the value of three hundred pounds at least, or possessed ^^e^ntrArt 
of personal estate to the value of six hundred pounds at ^^^^-V, 

1 f ^ 1 1 /•! 1-11 -^o*" further pro- 

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

VI. The senate shall have power to adjourn themselves , Senate not to 
provided such adjournments do not exceed two days at a thlnTwo'day^B. 
time. 

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

.... ^ J J i. • -J. 1 -• itsolhcersand 

point its own omcers, and determine its own rules ot establish its 
proceedings. 

Vni. The senate shall be a court with full authority ehaiitryaii 
to hear and determine all impeachments made b}^ the 
house of representatives, against any officer or officers 
of the commonwealth, for misconduct and mal-administra- 
tion in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively 
be sworn, truly and impartially to try and determine the Oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal *^° ^"'^^' 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



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



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

IX. [Not less than sixteen members of the senate 
shall constitute a quormn 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. 023. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
flue in case, etc. 



Expenses of 
traveUiug 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 toAvn 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 thi-ee representatives ; and proceeding in 
that manner, making two hundred and twenty-five ratable 
polls the mean increasing number for every additional 
representative. 

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

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

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

in. Every member of the house of representatives 
shall be chosen by AVi-ittcn votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preccdino^ his election, shall have been an inhab- New provision 

.. ,pi, 1 .,.-,. ' ^ j^ !» J- as to residence. 

itant or, and have been seised in his own right oi a tree- see amend- 
hold of the value of one hundred pounds within the town xxi.*' ^ ' 
he shall be chosen to represent, or any ratable estate to acationJabTK ' 
the value of two hundred pounds ; and he shall cease to J^hed by amend- 

•Ti ^ • • 1 nientB, Art. 

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

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

^1,1 /..I /•" , T !• visions super- 

wealth tor the space oi one year next preceding, having a sededby 
freehold estate within the said town of the annual income A?tJ!m!°xx., 
of three pounds, or any estate of the value of sixty pounds, xxx^^xxxi. 
shall have a right to vote in the choice of a representative i^d xxxii. 

P ■■■ See also amend. 

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

V. [The members of the house of representatives shall wasanmiiiedby 
be chosen annually in the month of May, ten days at least jj^,.gg^^^ 
before the last Wednesday of that month.] tives, when 

•^ -J chosen. 

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

Art. XV. 

VI. The house of representatives shall be the grand House aione 

-I in- 1 '^^^ impeach. 

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

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

•^ ~ nate all money 

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

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

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

L ./ « -, . . amendments, 

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

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

1 . '■ 1 Tj^ ,. i> •, -^ o returns, etc., of 

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



18 



CONSTITUTION OF THE 



house, in his way in going or 



returning 



or who shall 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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. 

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



Governor. 



His title. 

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



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

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



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
Commonwealth of Massachusetts ; and whose title 
shall be — His Excellency. 

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

III. Those persons who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that 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 with the assistance of the selectmen, shall, 
in open town meeting, sort and count the votes, and form 



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to cUieB, eeo 
ration thereof in the said meeting; and shall, in the pres- Art. ii. 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in May] ; and the sherift" shall transmit ^o fc«t wednl. 
the same to the secretarv's office, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- mente, Art. x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 
examined ; and in case of an election by a [majority] of all amend^raents, 
the votes rctm-ned, the choice shall be by them declared ^•"'••^iv. 
and published ; but if no person shall have a [majority] of when no person 
votes, the house of representatives shall, by ballot, elect ^^« '^ p^"''^"*^- 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. TTic governor shall have authority, from time to Power of goy- 

• 11 1 ^ II J. i.1 Al ernor, and of 

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

V. The governor, with advice of council, shall have May adjourn or 

& ' . . , . /• J.1 prorogue the 

full power and authority, during the session of the gen- general courts 

-^,,,. '' ,1 i . i\ upon request, 

eral court, to adjourn or prorogue the same to any time and convene 
the two houses shall desire ; [and to dissolve the same on *2s%oT8"soiu- 
the day next preceding the last Wednesday in May ; and, ''^^^^^^l^^f; 
in the recess of the said court, to prorogue the same from 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 



20 



CONSTITUTION OF THE 



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

Governor and 
coTincil 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 fcouncil, 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 array, and put in 
warlike postiu'e, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and'piu'sue, 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 legislatm'e 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 Avith all 
these and other poAvers, 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 laAvs of the land, and not otherwise. 

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



COMMONWEALTH OF MASSACHUSETTS. 21 

granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, without thek* 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. 

VHI. The power of pardoning offences, except such Governor and 
as persons may be convicted of before the senate by an pardon o^eLeB, 
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, Avith advice of the council 
before conviction, shall avail the partv pleading the same. But not before 

...i.T Ti'1 • conviction. 

notwitnstanaing any general or particular expressions 109 Mass. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial offl- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominate'd^a*Z 
probate,] shall be nominated and appointed by the gov- Ko?°provi6ione 
ernor, bv and with the advice and consent of the council ; as to election 

' - . . 'of attorney- 

and every such nomination shall be made by the governor, general, see 
and made at least seven days prior to such appointment. Art. xvii. ' 

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

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years bfVmen'd'- "^"^ 
of age and upwards ;] the field officers of regmients 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, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine their rank. ^'°"^ ' 

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

The maior-o-enerals shall be appointed by the senate and Major-generais, 

"^ o II- i« ;i howappomted 

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

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

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



22 



CONSTITUTION OF THE 



Officers duly 
commieeioned, 
how removed. 
Superseded by 
amendmeutB, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army officere, 
bow appointed. 



Organization of 
militia. 



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



All public 
hoards, etc., to 
mal^e quarterly 
returns. 



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

[And no oiBcer, 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 ap})oint, as also all officers of forts and 
garrisons. 

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

XL No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the com- 
monM'ealth ; 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 amis 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and o^arrisons ; and the said commandino: officer shall 



COMMONWEALTH OF MASSACHUSETTS. 23 

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

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

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

Permanent and honorable salaries shall also be estab- Salaries of jus- 
lished by law for the justices of the supreme judicial coiu't. judicial court. 

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



CHAPTER II. 

Section II. 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, title and quaii- 
whose title shall be — His Honoh ; and who shall be amendmentsr 
qualified, in point of [religion,] [property,] and residence xxxiv"'*'"^ 
in the commonwealth, in tlie same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the How chosen, 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/uramy p^o- 
be found to have a majority of all the votes returned, the ^j^e^/^gnfg 
vacancy shall be filled by the senate and house of repre- Art.xiv. 



24 



CONSTITUTION OF THE 



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



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



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

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

III. Whenever the chair of the governor sliall 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. 
Bee amend- 
ments, Art. 
XVI. 



CHAPTER II. 
Section III. 

Council^ and the Manner of settling Elections hy the Legis- 
lature. 



There shall be a council for advising the 



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

Superseded by 
amendments. 
Art, XVI. 



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



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

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



COMMONWEALTH OF MASSACHUSETTS. 25 

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

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

./. ^' j^ • A c J^ • iii-i have more than 

out 01 any one district oi this commonAveaith.j two. 

Superseded by amendments, Art. XVI. 

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

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

VI. Whenever the oiEce of the governor and lieuten- Council to exer. 
ant-governor shall be vacant, by reason of death, absence, "/govM-norfn 
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 
thin£j:s, as the governor or the lieutenant-o:overnor misfht 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally present. 

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

from day to day until the same shall be completed. And cn-der thereof. 

^ . n . . . Superceded by 

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



CHAPTER II. 

4 

Section IV. 

Secretary^ Treasurer, Commissary , etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] hmrcho"e"n°. 
naval officers, shall be chosen annually, by joint ballot of ^"IiectioTof *^ 
the senators and representatives in one room. And, that u^er^and^ re'*"*^" 
the citizens of this commonwealth may be assured, from ceiyergenerai, 

.•'.,' and auditor and 

time to time, that the moneys remaining m the public attorney gen- 
treasury, upon the settlement and li(|uidation of the pub- men'ts, 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 jear.s 
successively. 

For provision as to appointment of notaries public and the commissarj'-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 
oflBcers to be 
expressed. 
Judicial ofDcers 
to hold office 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 



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

Justices of the 
peace; tenure 
of their office. 
3Cush.5S4. 



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



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POWER. 

Article I. The tenure, that all commission officers 
shall by law have in theu' 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 Avhom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, Avith consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authorit}' 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 tlie 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 expii^- 
tion of any commission, the same may, if necessaiy, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

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



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^vorlfe^^iJnd 

all appeals from the judges of probate, shall be heard and '!,ij!"°°y- 

. 1 1 ,1 <' o r- ' .111- Other pro- 

determined by the governor and council, until the legis- visions made 

lature shall, by law, make other provision. k^s Mass. 327. 

'■ 116 Mass. 317. 



CHAPTER lY. 

DELEGATES TO CONGRESS. 

[The delegates of this commonwealth to the consress of Delegates to 

L dJ O CODffl'CSB 

the United States, shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time within the 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 year one thousand six hundred and thirty-six, *^°"^^^- 
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 the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, pHvi- 
Harvard College, in their corporate capacity, and Ihl^president 
their successors in that capacity, their officers and ser- conffrmeJ."' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and fmnchises, which they now have, or ai'e entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc. 
confirmed. 



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 officers and servants, respectively, 
forever. 

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

III. 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 
necessary, in this new constitution 



College 



and 



of 



it being 



o;overnment 



Who shall be 
overseerB. 

See Statutes, 

1851, 224. 

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



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, Koxbury, 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 ; 
Power of altera- providcd, that iiothiiig hcrciu shall be construed to pre- 
the°ie|isiaTu1'e*.° vcut 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 H. 

The Encouragement of Literature., etc. 

Wisdom and knowledge, as well as virtue, diffused ^'&\\- Dutyofiegisiat- 
erally among the body of the people, being necessary for i^gtratesliTalf' 
the preservation of their rights and liberties ; and as these Fo"further°pro. 
depend on spreading the opportunities and advantages of ^y^ii°\chooiB 
education in the various parts of the country, and among eeeamend- 
the ditVerent orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all future periods of 503. ^^' 
this commonwealth, to cherish the interests of literature ^3 Mass. 94,97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactiu*es, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and i)rivate charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the j)eople. 



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- Abolished, g 

11 r. • /. • 1 iiT atnendments, 

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

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



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
offlcera. 



For new oath 
of allegiance, 
Bee araend- 
mentB, Art. VI, 



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



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

And every person chosen to either of the places or 
ofiices 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 conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jurisdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spmtual, within this com- 
monwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further 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, Avithout any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

"I, A. B., do solemnly swear and affirm, that I will 
faithfull}^ 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 



COlVrMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, ["/cZo 
su-ear," " and abjure," " oath or," " and abjuration," in the 
first oath, and in the second oath, the Avords] ^'- swear 
and," and [in each of them] the words " >So help me, 
God;" subjoining instead thereof, " Thin I do under the 
pai7is and penalties of perjury ." 

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

II, No o'overnor, lieutenant-g-overnor, or iudge of the Plurality of 
, . ' .' o offices pro- 

supreme judicial court, shall hold any other office or place, hibitedtogov. 

under the authority of this commonwealth, except such as exceptretc. 

by this constitution they are admitted to hold, saving that me^nt^Art. 

the judges of the said court may hold the offices of justices "^^ii- 

of the peace thi'ough the state ; nor shall they hold any 

other place or office, or receive any pension or salary from 

any other state or government or power whatever. 

No person shall be capable of holding or exercising at f^fen^g^gl"*" 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sherift* — register 
of probate — or register of deeds ; and never more than 
any two offices, which are to be held by appointment of 
the 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 the office of judge of the supreme incompatible 
judicial com't — secretary — attorney-general — solicitor- For further pro- 
general — treasurer or receiver-general — judge of probate Scompatlwe 

— commissary-general — [president, professor, or instruc- amendments 
tor of Harvard Colleo:e1 — sheriff — clerk of the house of ^i*- vni. 

O J (.11 Officers of Har- 

representatives — register ot probate — register ot deeds vardCoUege 

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



32 CONSTITUTION OF THE 

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, 

officer*™* And the same rule shall take place in case anv 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. 

dis'qulufy.*""' ^"^ "o 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, 

Tscma'iL™?"*^ m* I'^ ^^11 cases where sums of money are mentioned 
in this constitution, the value thereof shall be computed 

ficaUonTmry'^' ^'^ silvcr, at six shilHugs and eight pence per ounce ; and 

be increased, j^ gj^^ll bc in tlic ])ower of the leo'islature, from time to 

Bee amend- . . i .^ . ^ , 

mentB, Arts. tuuc, to incrcasc such qualifications, as to property, ot 
XXXIV. the persons to be elected to offices, as the circumstances 

of the commonwealth shall require. 

feTp'e'cUng TV. All coiiimissions shall be in the name of the 

commissions. Comiiion Wealth of Massachusetts, signed by the governor 

and attested by the secretaiy or his deputy, and have the 

great seal of the commonwealth affixed thereto. 

Provisions re- y. ^11 ^vTits, issuino; out of the clerk's office in anv of 

specting writs. . ' 

2 Pick. 592. tlic courts of law, sliall be in the name of the Common- 

3 Met 58 

13 Gray, 74. Wealth of Massachusctts ; 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, 
fo°rm?rXw? °^ ^^- ^^^ ^^^^ laws which havc heretofore been adopted, 
except, etc. ' used, and approved in the Province, Colony, or State of 

1 Mass. 69. -»/ri t-» i n • i • i 

2 Mass. 534. Massacliusetts Bay, and usually practised on m the courts 

8 Pick 309 316 • 

16 Pick. 107, 115. of law, shall still remain and be in full force, until altered 
2 Met. 118. ^j, repealed by the legislature ; such parts only excepted 

as are repugnant to the rights and liberties contained in 

this constitution. 
Benefit of yjj 'pjjg privileo;e and benefit of the writ of habeas 

habeaa corpus . ^ . , . i 

secured, except, coi'pus shall be cujoycd 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 exceedino- twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

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

IX. To the end there may be no failiu'e of justice, or officers of 
danger arise to the commonwealth from a change of the ment'^contraued 
form of government, all officers, civil and militarj^ hold- ""**i'^*''- 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

of the said government and p<^ople, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all 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 enjoyment and 
exercise of all their trusts, employments and authority ; 
until the general com"t, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- Bmuti^nr°° 
tions which by any means may be made therein, as well p rovisi'on af to 
as to form such alterations as from experience shall be ^fl^r^"*!?**' 
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 unincoqiorated planta- 
tions, directing them to convene the qualified voters of 
their respective toAvns and plantations, for the piu-pose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who 8tiTutionr°° 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general coiu-t shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
publishing tliis 
constitution. 



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



Bill, etc., not 
approvedwithin 
live days, not to 
become a law, 
if legislature 
adjourn in the 
mean time. 
3 Mass. 567. 
Bee Const., Ch. 
I., § 1, Art. n. 



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



Proviso. 

112 Mass. 200. 



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



ARTICLES OF AMENDMENT. 

Article L If any bill or resolve shall be objected to, 
and not approved by the governor ; and if the general 
court shall adjourn Avithin 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 cit}^ gov- 
ernments, in an}^ corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in 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 tAventy-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 prcced- j2?MaBB^.^595, 
ino; such election, have been assessed upon him, in any mt. 

© ..' 1111 124 Mass. 596. 

town or district oi this commonwealtii ; and also every For educational 
citizen who shall be, by law, exempted from taxation, Beeame''nd°°' 
and who shall be, in all other respects, qualified as above For°pr'oviBion 
mentioned,] shall have a right to vote in such election of have serTedTn ° 
governor, lieutenant-governor, senators, and representa- *^^*™^i^g 
tives : and no other person shall be entitled to vote in of war, see 

, ^ . amendments, 

such election. Arts.xxviii. 

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

Art. IV. Notaries public shall be aiipointed by the Notaries pubUc, 

,, '^ • T • 1 /T- how appointed 

governor m the same manner as judicial onicers are ap- and removed, 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the ^^ent°^Art. 
legislature. xxxvii. 

rin case the office of secretary or treasurer of the com- vacancies in the 
mon wealth shall become vacant from any cause, during tary and treas. 
the recess of the general coiu't, the governor, with the tws' clause 
advice and consent of the council, shall nominate and IX^ndments^,^ 
appoint, under such regulations as may be prescribed Art.xvii. 
by law, a competent and suitable person to such vacant 
office, who shall hold the same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall gen'^^iTJybe 
require the appointment of a commissary-general, he shall *Pfg''°*^' *'' 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia Miiitia officers, 

^ , „ rn ' 1 ii. 1 • lio^ removed. 

may be removed from office m such manner as the legis- 
latiu'e may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- subaUernr*" 
nies, as Avell those under as those above the age of twenty- 
one years, shall have a right to vote. 

Art. VI. Instead of "the oath of allegiance prescribed ^^'a^^o^Vers!" 
by the constitution, the following oath shall be taken and ch^ vi"^Art. i. 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

" T, 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 

Quaker may Proviflpd, That whoii aiij person sliall be of the dcnomi- 

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

he shall make his affirmation in the foregoing form, omit- 
ting the word " swear" and inserting, instead thereof, the 
word ' ' affirm," and omitting the Avords ' ' So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjury." 
TeBiB abolished. Akt. VII. No oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
o"o"mroH"^'"'^ Art. VIII. No judge of any court of this common- 
122 Ma8B. 445, wealth, (cxccpt tlic court of sessions,) and no person 
i23Ma8B. 525, holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold tlie office of governor, lieutenants-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 
attorn(\v-general, solicitor-general, county attorney, clerk 
of any court, sherifl", 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 dtn^ned and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 

Art. IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
be proposed in the general com*t, 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 coiu't then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-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 



AmetidmentH to 
constitution, 



COAOIONWEALTH OF MASSACHUSETTS. 37 

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

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

^^ of Doliticiil 

Wednesday of January, instead of the last Wednesday of year, 
May ; and the general court shall assemble every 3'ear on 
the said fii*st Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be tj^*"^ *®''™*°^ 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the tjfeneral coiu-t from assemlilino: at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meetino; for the choice of governor, lieutenant- Meetings for the 

L . o _o ' 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 Thisciauae 
of representatives, to the next day, and again to the next amendments*/ 
succeeding day, but no further. But in case a second -^rt. xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of ^"^o^n't^^^" 
October, next following the day when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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



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 vu'tue of this article, shall 
be had conformablj^ thereunto, in the month of November 
foUoAving 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 Avith 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 sevei*al religious societies of 
this commonwealth, whether corpoi^ate 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 repah'ing houses for public 
worship, for the maintenance of religious instruction, and 
for the i)ayment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until thc}^ shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of 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 Ma}', 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 

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

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

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

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

The governor and council shall ascertain and determine. The governor 
within the months of July and August, in the year of our determlne'the 
Lord one thousand eight hundred and thirty-seven, accord- reB?ma«°4rto' 
ing to the foregoing principles, the number of representa- J^^'n'\g^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, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then , 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion- 

., fj 1 J^^ 1 '1 1 xi ment to be made 

years, thereafter, 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 representatives, 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, toAvn, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years, 
inconsietent ^]j i\^q provisious of the cxistin"^ constitution incon- 

annulled. sistcut with the provisions herein contained, are hereby 

wholly annulled.] 
habUantf to be Art. XIII. [A ccusus of the inhabitants of each city 
and'dJ^enntaiiy ^^^^ town, ou the first day of May, shall be taken, and 
thereafter, for i-etumcd into tlic sccrctarj^'s office, on or before the last 
eentation. day of Junc, of the year one thousand eight hundred and 

TeMUB^Buper- ° forty, and of every tenth year thereafter ; which census 
menti!'Art^!°^ ^^^^^^ determine the apportionment of senators and repre- 
xxi.andxxn. .sentativcs for the term of ten years. 122 Mass. 595. 

frlcfsdedarld Tlic scvcral Senatorial districts now existing shall be 
permanent. i^emianent. The senate shall consist of forty members ; 

ProvisionB aBtol, i-ii ii ij' 

Benators super- and 111 the year one thousand eight hundred and lorty, 

ments,^™ and cvcry tenth year thereafter, the governor and council 

^^ ' sliall 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. 

^ntafiveVhow' The membcrs of the house of representatives shall be 

apportioned. av)porti()ned in the followino^ manner : Every town or city 

Provisions as to i^.. , ii-ii'/i ^ j_ 

representatives containing twcivc hundred inhabitants may elect one rep- 
im^en'dme^ntB/ rcscntativc ; and tAVO thousand four hundred inhabitants 
Art. XXI. .shall be the mean increasing nmnber, which shall entitle 

it to an additional representative. 
Small towns, EvciT towu containins: less than twelve hundred inhab- 

now repre- .' ~ 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 41 

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

The number of inhabitants which shall entitle a town Baeisof 

. 1 , J. 1.' 1 j^i • • representatioa, 

to elect one representative, and the mean increasing num- and ratio of 
ber which shall entitle a town or city to elect more than "»'=''*^'*'**'- 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of tho 
commonwealth sliall 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^dc^o^Jncii'to 
council shall, before the first day of September, apportion numbel^o/''^ 
the number of representatives which each city, town, and lepresentativee 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a ^^y^^"* 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among Councillors to 
the people at large, on the first Wednesday of January, the^peopie at *" 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who gupei^ggded by 
shall, as soon as may be, in like manner, fill up any vacan- amendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° *^°^""^' °'"*- 
term of five years immediately preceding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

No possession of a freehold, or of any other estate, shall quaimci1iou*or 
be required as a qualification for holdino- a seat in either a seat in general 

- / .. , '■ -, . , ~ . ., court or council 

branch of the general 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 piumWy of'^^ 
for by the constitution, the person having the highest num- "^'"'^'^ 
ber of votes shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor, Time of annual 

*— ' *— ' clcctiiOD of trov- 

lieutenant-governor, senators, and representatives, shall emor and legis- 
be held on the Tuesday next after the first Monday in ^^^'^^*'- 
November, annually ; but in case of a failure t/O elect rej)- 



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that pm'pose, on the fourth Monday of the same month 
of November. 
^rl^tlbeThoLu Art. XVI. Eight councillors shall be annually chosen 
by the people. \)y the inhabitants of this commonwealth, qualified to vote 
598, " ' for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
Legislature to thereaftcrwards, shall divide tlie commonwealth into ei<>ht 

district state. . „ . . ... , 

districts oi contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : 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- 
dilSed."^ 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°1e™tton tiou. The day and manner of the election, the retiuni of 
etc. the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor, 
ttued!"'''''' ^""^ [Whenever there shall be a fiiilure to elect the full num- 
Foruewpro- jh,gj. gf couuciUors, the vacaucics shall be filled in the same 

vision as to . • i /• /•it • • i 

vacancicB, see manlier as IS required tor filling vacancies in the senate ; 

amendments, , . ^. iiifi t n j_ij.j. 

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

Organization of ]-)g^ after such vacaucics shall have happened.] And that 
" there may be no delay in the organization of the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten 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 
>\^ednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 



COMMONWEALTH OF MASSACHUSETTS. 43 

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

Akt. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen umfauditorf*' 
annually, on the day in November prescribed for the genefa?by7he 
choice of governor ; and each person then chosen as such, people. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of oovernor. In case of a failure to elect Vacancies, how 

flll6d« 

either of said officers on the da}^ 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 secrctarj^ or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, during an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days Xerw^re ouTce 
after he could otherwise enter upon his duties, to qualiiy vac^antr^™"'' 
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 piild'for slc'ta. 
all moneys which may be appropriated by the state for po^or^^nit 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



Bcbools, Bee 

CODBtitUtiOD, 

Part First, Art. 

III. 

12 Allen, 500, 

508. 

103 Mass. 94, 96. 



Leglslatiire 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, ueces- 
eary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments. 
Art. III. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
amendments. 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, 
etc. See 
P. 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 sheriiFs, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

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

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

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the coinmon- 
Avealth, 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 thereatlter. 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. 

T'he house of representatives shall consist of two hun-^ 
dred and forty members, which shall be apportioned by 
the legislatm'e, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 

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

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

wealth, to certify, as soon as maybe after it is determined cers^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 districts. The 

mayor and aldermen of the city of Boston, the county 

commissioners of other counties than Suffolk, — or in lieu 

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

county commissioners in each county other than Suffolk, 

such board of special commissioners in each county, to 

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

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

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

, /. i i.* i u i. 1,1 i division to bo 

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

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



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment or 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



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



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
Avealth, 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- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as ncarl}^ as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : 2)rovided, 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 vears 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 
have resided within the jurisdiction of the United States 
for two years subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not aifect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
jjrovided, further, that it shall not atfect 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 
b}' election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

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

Art. XXVI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit: " No person of foreign birth annulled. 
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 naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, 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.,' relating to 
sons holding the office of president, professor, or instructor vSdTcoiil^t'^' 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. No person having served in the army Superseded by 
or navy of the United States in time of war, and having 
been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

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

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



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVIU. 
amended. 



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



Provisions of 
amendments. 
Art. 111., 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. 



Provisiona of 
Art. II., § I., 
Chap. II., Part 
II.;reLative to 
property quali- 
fication of 
governor, 
annulled. 



Provisiona of 
Art. II., §111., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
house, annulled. 



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

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

Art. XXXII. So much of article three of the amend- 
ments of the constitution of the commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two j^ears next preceding 
such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citi^ien 
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 ma}^ 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, Avithin the commonwealth, of the 
value of one thousand pounds " ; is hereby annulled. 

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



COMMONWEALTH OF MASSACHUSETTS. 49 

ment of the house, and does not depart Avithout leave ", 
is hereby annulled. 

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

Art. XXXVII. The governor, Avith the consent of Sinofflcers. 
the council, may remove justices of the peace and notaries 
public. 

Art. XXXVIII. Voting machines or other mechanical JyJ'chfnea may 
devices for voting may be used at all elections under such '^e used at 
regulations as may be prescribed by laAV : provided, Jiow- 
ever, that the right of secret A^oting shall be preserved. 

Art. XXXIX. Article ten of part one of the consti- ^Sure*''^ 
tution is hereby amended by adding to it the folloAvino- '"4'^*^^*' l*^ ***^ 

•^ , ^ , ^ tftkiug of laud 

words : — The legislature may by special acts for the piu'- etc., for 
pose of laying out, widening or relocating highwaj^s or reiocauifg*^' 
streets, authorize the taking in fee by the commonAvealth, '° «ays. etc. 
or by a county, city or town, of more land and property 
than are needed for the actual construction of such high- 
way or street : provided, however, that the land and prop- Proviso. 
erty authorized to be taken are specified in the act and 
are no more in extent than Avould be sufficient for suit- 
able building lots on both sides of such highway or street, 
and after so much of the land or property has been ap- 
propriated for such highway or street as is needed there- 
for, may authorize the sale of the remainder for value 
with or Avithout suitable restrictions. 

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

Art. XLL Full power and authority are hereby given Taxation of wild 
and granted to the general court to prescribe for Avild or °'' °^^^ 
forest lands such methods of taxation as will develop and 
conserve the forest resources of the common Avealth. 

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



CONSTITUTION 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: provided, hoiceter, 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- 



COMMONWEALTH 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, 1820, to the people, 
and by them ratified and adopted April 9, 1821. 

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

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

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

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

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

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures of the pofitical 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 twenty-sixth Article was adopted by the legislatures of the 
political years 1802 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 
political years 1909 and 1910, and was approved and ratified by 
the people on the seventh day of November, 1911. 

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



COMMONWEALTH OF MASSACHUSETTS. 53 

The forty and forty-first Articles were adopted by the legis- 
latures of the political 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 officers, and (2) Establishing biennial elections 
of members of the General Court, adopted by the legislatures of the 
political years 1895 and 1896, were rejected by the people at the 
annual election held on the third day of November, 1896.] 

[A proposed Article of Amendment to make Women eligible to 
appointment as Notaries Public, adopted by the legislatures of the 
political 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 political 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 quahfied, 43 

[57] 



58 INDEX TO THE CONSTITUTION. 



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 one year from third Wednesday in January 

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

election determined by legislature, ..... 43 

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

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

next preceding election, ...... 43 

ofiice 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 na.ys, ......... 10 

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

provision for submission of, to the people on referendum, . 49 

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

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

title of: The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or elec- 
tion, to disquaUfy 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, ...... 29 

Commerce, agriculture and the arts, to be encouraged, ... 20 
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 

Congi-ess, delegates to, ........ 27 

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majoi'ity of senators and two- thirds of the house 
present and voting thereon by yeas and nays; entered 
upon the journals of both houses, and referred to the next 
general court; if the next general court agrees to the 
proposition in the same manner and to the same effect, it 
shall be submitted to the people, and, if approved 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 disquahfied by reason of, ..... 49 



60 



INDEX TO THE CONSTITUTION, 



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 qualification required, .... 

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

ehgible 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. 



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 abolished, . . 29, 35, 36 

Delegates to congress, . . . . . .27 

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



INDEX TO THE CONSTITUTION. 



Gl 



Page 
District attorneys, elected by the people of the several districts, 44 

Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, ....... 42 

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

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

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

Duties and excises, power of general court to impose and levy 

reasonable, not to be limited, etc., ..... 50 

E. 

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

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

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

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

Tuesday next after the first Monday in November, 41 

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

on fourth Monday in November, ..... 41,42 



for by the consti- 



impose and levy. 



Election returns, ..... 

Elections ought to be free, .... 
Elections, by the people, of civil officers provided 

tution, to be by plurality of votes, . 
voting machines may be used at, . 
Enacting style of laws, established. 
Equality and natural rights of all men. 
Estates, valuation to be taken anew once at least every ten years. 
Excises and duties, power of general court to 

reasonable, not to be limited, etc.. 
Executive department, not to e.xercise legislative or judicial powers, 
Exemptions, etc., from tax on income may be granted by general 

court, .......... 

£?a; posi/acio laws, declared unjust and oppressive, 

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 legislatu 

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. 



13, 42 
6 

41 
49 
33 
4 
12 

50 
9 

50 
9 



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 

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

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

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

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 disagi'ee, etc., ....... 20 

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

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

to determine election of governor, lieutenant governor and 

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

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

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

relocating highways or streets, ..... 49 

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

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

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 ofRce, ........ 

should have an honorable stated salary, 

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

to appoint the adjutant general, ..... 

may call together the councillors at any time, 

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

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

to sign all commissions, ...... 

election determined by the legislature, .... 

veto power, ........ 

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

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

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

may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, ..... 

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

to appoint officers of the continental army, .... 

may pardon offences, but not before conviction, 

may fill vacancy in council occurring when bgislature is not 
in session, ......... 

with consent of council, may remove judicial officers, upon 
the address of both houses of the legislature, . 
Governor and council, to examine election returns, 

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

quorum to consist of governor and at least five members of 
the council, ......... 

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



37 
23 

20, 21 
22 
19 
31 

31 
32 

42,43 
10 

21 

25 

19 



19 



21, 35 
22 
21 



47 

25 
14,42 

17, 18 

19 

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 maj' be instructed by the people, 8 
a representation of the people annually elected and founded 

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

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

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

the government; provision annulled, . . 16, 48 

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

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

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

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

members not to be arrested on mesne process during going 

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

the grand inquest of the commonwealth, . . 17 

to originate all money bills, but the senate may pi-opose 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 Uable to 
indictment, . . . . . . 15, 16 

Income, tax on, general court may impose 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 com"t, to hold office during good 
behavior, and to have honorable salaries established bj' 
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 estabfished 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, ..... 20 

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. 

Page 
Land, etc., taking of, for widening oi- 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, . S 

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 

tobeactinggovernorwhenthechairof 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 
militia in actual service, subject to, except by authority 

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

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

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

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

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

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



INDEX TO THE CONSTITUTION. 



67 



Page 

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

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

major generals, elected by senate and house of representatives 

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

mode of election of officers to be fixed by standing laws, . 21 

if electors refuse to elect, governor with advice of council 

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

officers commissioned to command may be removed as may 

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

appointment of staflf officers, . . . . .22 

organization; divisions, brigades, regiments and companies, . 22 
Money, issued from treasury by warrant of governor, etc., . 22 

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

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

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

to be applied for support of sectarian schools, ... 43 
Moral obligations of lawgivei's and magistrates. 
Moral qualifications for office, .... 

• N. 

Notaries public, to be appointed by governor with advice of coun- 
cil, . . . " . . . . . . 2.5, 35 

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



o. 

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

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

forms of, 29, 30, 35 

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



to be taken by all civil and military officers, . 
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 eli 
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 hold office during good behavior, except, etc., 
may be removed by governor, with consent of council, upon 
the address of both houses of the legislature, 



35 
3, 6 

7 

32 

6 

6. 

44 

11 

26 
26 

26 



68 



INDEX TO THE CONSTITUTION. 



Page 

Officers of former government, continued, ..... 33 
Officers of the militia, election and appointment of, . . . 21 

removal of, . . . . . . . 22, 35 

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

Offices, plurality of, prohibited to governor, lieutenant governor 

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

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

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



P. 

Pardon of offences, governor 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, ..... 

Plurality 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, liberty of, essential to the security of freedom. 

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

Probate courts, provisions for holding, .... 

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

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

Property quaUfication, may be increased by the legislature, . 
r partially abolished, ....... 

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

Prosecutions for crimes and offences regulated. 

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

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

Public notary (see Notary public). 



21 

6 

8 

S 
6 

8 

14 
31 
41 
37 

38 

50 
3 



21, 



6 

26 
44 
36 

50 
32 
41 

48 
7 



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 

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

Punishments, cruel and unusual, not to bo 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 abolished, ..... 41 

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

of governor, 

of lieutenant governor, 

of councillors, 

of senators, 

of representatives, 

of secretary, treasm-er, 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, ..... 2,5 

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

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

Religious sect or denomination, no subordination of one to another 

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

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

Rehgious worship, public, right and duty of, and protection therein, 4 

support of the ministry, and erection and repair of houses of 

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

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



18, 


43, 


48 


23, 


43, 


48 




41, 


43 


l.'S, 


40, 


46 


16, 


41, 


45 

43 

S 

22 


19, 


24, 


42 


16, 


46, 


48 


17, 


4.5 


48 

38 
50 



70 INDEX TO THE CONSTITUTION. 

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

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

vacancy occurring during session of the legislature, filled by 

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

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

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

records of commonwealth to be kept in office of, . . . 2t> 
may appoint deputies, for whose conduct he shall he 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 





15, 


46 




15, 


41 
15 
15 




15, 


17 


. 16, 

.ee, . 


46, 


48 
18 



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, 
qualifications of a senator, ..... 

not to adjourn more than two days at a time, 

to choose its officers and estabhsh rules, 

shall try all impeachments, ..... 

quorum of, ....... 

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

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

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

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

districts, forty in number, to be of adjacent territory, and to 

contain, as near as may be, an equal number of voters, 46 

apportionment based upon legal voters, .... 46 

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

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

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

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

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

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

quahfied 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 pohtic, entitled, — The Commonwealth of Massachu- 
setts, .......... 10 

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

legislature concerning, ....... 49 

Supreme judicial court, judges to have honorable salaries fixed by 

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

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

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



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, .......... 12 

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

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

36 
10 
18 
23 
13 
13 



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, .... 

Town representation in the legislature, . .16, 39, 40 

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

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

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

legislature, . . . . . . . . 9 

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

to hold office for one year from third Wednesday in January 

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

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

next preceding election or appointment, .... 43 

no man 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 niunber of votes 
at November election, ....... 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

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

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

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

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

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



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 militia office, filled by governor and council, if electors 

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

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

least, 12 

Veto power of the governor, . . .10 

Voters, qualifications of, at elections for governor, lieutenant gov- 
ernor, senators, and representatives, 13, 17, 34, 44, 46, 47, 48, 49 
not disqualified on account of non-payment of poll tax if they 

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

to the several counties is made, ..... 44 
basis of apportionment of senators, ..... 46 
census of, to be taken in 1865, and every tenth year after, . 44, 46 
referendum to, on acts and resolves of the general court, 49 



74 INDEX TO THE CONSTITUTION. 

Page 

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

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

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

w. 

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

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

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

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

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

Y. 

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



GENERAL ACTS 

OF 

MASSACHUSETTS 

1917 



^° The General Court of the j'ear nhietoon hundred and seventeen asseml^led 
on Wednesday, the third day of January. The oaths of. office were taken and 
subscribed by His Excellency SA^^JEL W. McCall and His Honor Calvin 
CooLiDGE, on Thursday, the fourth day of January, in the presence of the two 
Houses assembled in convention. 



GENERAL ACTS. 



An Act relative to the date of payment of interest Chap. 
ON certain bonds issued by the commonwealth. 

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

Section 1. Section four of chapter two hundred and §4, kmended. 
thirty of the General Acts of the year nineteen hundred and 
sixteen is hereby amended by striking out the words " on the 
first days of January and July", in the ninth line, so as 
to read as follows: — Section A. To meet the expenses Time for 

, , . , ■ . , . interest pay- 

mcurred under this act the treasurer and receiver general is mentson 
hereby authorized, v,'ith the approval of the governor and is'suecrb>°the 
council, to issue scrip or certificates of indebtedness to an commonweaiti 
amount not exceeding two hundred thousand dollars for a 
term not exceeding fifteen years. Such scrip or certificates 
shall be issued as registered bonds, and shall bear interest at 
a rate not exceeding four per cent per annum, and shall be 
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 disposed 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 2, This act shall take eft'ect upon its passage. 

Approved January 23, 1917. 

An Act relative to clerical assistance in the office Chap. ! 
of the treasurer and receiver general. 

Be it enacted, etc., as follows: 

Section 1, The treasurer and receiver general may ex- clerical 

, II p 1 • 1 • • 1 • 1 X J. assiatance in 

pend annually tor extra clerical assistance 111 nis department office of treas- 
such sum as the general court may appropriate. receiver 

general. 



4 General Acts, 1917. — Chaps. 3, 4. 

Repeal. Section 2. Chapter seven of the acts of the year nineteen 

hundred and twelve is hereby repealed. 

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

Approved January 29, 1917. 



Chap. 3 An Act to authorize the construction of a trunk 

LINE of the north METROPOLITAN SEWERAGE DISTRICT 
ACROSS A PART OF THE TOWN OF READING. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
fifty-nine of the General Acts of the year nineteen hundred 
and sixteen is hereby amended by inserting before the word 
"Wakefield", in the fifth and sixth lines, the word: — 
Reading, — so as to read as follows : — Section 2. The 
metropolitan water and sewerage board 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 com- 
monwealth shall construct a main trunk sewer or sewers 
through such parts of the towns of Reading, Wakefield and 
Stoneham and the city of Woburn from the Reading town 
line to such point in the north metropolitan system as said 
board may determine to be necessary in order to connect 
with a main trunk sewer in the Mystic valley. 

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

Approved February 8, 1917. 



1910, 159 (G), 
§ 2, amended. 



North metro- 
politan sew- 
erage district, 
trunk line of 
sewer may be 
constructed in 
Heading. 



1911, 8S, § 1, 
amended. 



Chap. 4 An Act to authorize the Massachusetts highway com- 
mission TO DESTROY CERTAIN WORTHLESS PAPERS. 

Be it enacted, etc., as follows: 

Section one of chapter thirty-eight of the acts of the 
year nineteen hundred and eleven is hereby amended 
by inserting after the word "it", in the sixth line, the 
words: — and all letters reporting accidents or papers re- 
lating thereto, — and by adding at the end thereof the 
following: — The commission may also in its discretion from 
time to time destroy or cause to be destroyed all records of 
convictions of persons charged with violation of the laws 
relating to motor vehicles and the operators thereof, unless 
such convictions are final convictions, under the provisions 
of section twenty-two of chapter five hundred and thirty- 
four of the acts of the vear nineteen hundred and nine, as 



General Acts, 1917. — Chap. 5. 5 

amended by section one of ehaj)ter one hundred and twenty- 
three of the acts of the year nineteen hundred aiid thirteen 
and by chapter two hundred and ninety of the General 
Acts of the year nineteen hundred and sixteen, excepting 
those of the current year and the two years next preceding, 
— so as to read as follows: — Section 1. The Massachusetts Massachusetts 
highway commission is hereby authorized to destroy, from mfs^i^n^ma™" 
time to time, in its discretion, applications for licenses to tVaUesr^"^"^ 
operate motor vehicles and for the registration thereof and papers, etc. 
copies of the licenses to operate and certificates of registra- 
tion of motor vehicles issued by it, and all letters reporting 
accidents or papers relating thereto, excepting those of the 
current year and the year next preceding. It may destroy, 
or cause to be disposed of, any obsolete number plates and 
forms which it may have in connection with its automobile 
department and which, in the opinion of said commission, 
are no longer of any value to the commonwealth. It may Examination 
also, in its discretion, destroy or cause to be destroyed, p'^^'"'^- 
examination papers or the answers given by the applicants 
for licenses when the same have become of no value or 
when the licenses applied for have been granted. The com- Records of 

• 1 •*j_i* x' e J* jj* ii convictions. 

mission may also in its discretion rrom time to time destroy 
or cause to be destroyed all records of convictions of persons 
charged with violation of the laws relating to motor vehicles 
and the operators thereof, unless such convictions are final 
convictions, under the provisions of section twenty-two of 
chapter five hundred and thirty-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 and by chapter two 
hundred and ninety of the General Acts of the year nineteen 
hundred and sixteen, excepting those of the current year and 
the two years next preceding. 

xipproved February 8, 1017. 



An Act relative to state aid for certain dependent QJiav 

RELATIVES, WIDOWS AND CHILDREN OF SOLDIERS IN THE 
FEDERAL SERVICE ON THE MEXICAN BORDER. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and §^/f amended. 
fourteen of the General Acts of the year nineteen hundred 
and sixteen, is hereby amended by striking out the word 



6 General Acts, 1917. — Chap. 5. 

"fifteenth", in the eleventh Hne, and inserting in place 
thereof the word: — first, — and by striking out the word 
"seventeen", in the same line, and inserting in place thereof 
the word: — eighteen, — so as to read as follows: — Section 
Cities amd ^_ Any city or town may raise money by taxation or other- 
aid certain wise, and if necessary expend the same, by the officers au- 
reiativesof tliorizcd by law to fm^"nish state and military aid, for the aid 
Federal'serv- of the wifc, widow, children mider sixteen years of age, 
nL'ican'^border. parcnts, brotlicrs and sisters actually dependent upon any 
inhabitant of such city or town having a residence and 
actually residing therein, who has enlisted, or hereafter shall 
be duly enlisted and mustered into the military service of 
the United States as a part of the quota of this common- 
wealth called for service on the Mexican Border, up to 
January first, nineteen hundred and eighteen, unless the said 
service is sooner terminated, in the same manner and under 
the same limitations, except as hereinafter provided, as state 
aid is paid to dependent relatives of soldiers or sailors of the 
civil war and the war with Spain. 
§^2?kmendld. Section 2. Scctiou two of Said chapter three hundred 
and fourteen is hereby amended by adding at the end thereof 
the following: — The provisions of said chapter relating to 
state aid shall apply to the widows and children under 
sixteen years of age of any such person who has died from 
such disabilities, either while in the service or after an 
honorable discharge therefrom: 'provided, that only such 
children whose birth occiu'red prior to said discharge or to 
the first day of January, nineteen hundred and eighteen, 
shall be entitled to the benefit of said provisions, — so as to 
Certain persons read as follows: — Scction 2. Persons who incur disabilities 

made eligible . , . , , , i l T i ^ ^^ e 

to receive state HI sucli scrvicc and wfio are honorably discharged thererrom 
aici. ™' ' '"^^ shall be eligible to receive state and military aid under the 
same rules, conditions and limitations as to amounts as now 
govern applicants for aid under chapter five hundred and 
eighty-seven of the acts of the j^ear nineteen hundred and 
fourteen. The provisions of said chapter relating to state 
aid shall apply to the widows and children under sixteen 
years of age of any such person who has died from such 
disabilities, either while in the service or after an honorable 
Proviso. discharge therefrom: provided, that only such children whose 

birth occurred prior to said discharge or to the first day of 
January, nineteen hundred and eighteen, shall be entitled to 
the benefit of said provisions. 

Approved February 8, 1917. 



General Acts, 1917. — Chaps. 6, 7. 



An Act to authorize the payment of compensation for (JJiqj) q 
travel to the messengers of the general court. 

Be it enacted, etc., as follows: 

Section 1. The messengers of the general court shall gen^Ti^cJurf 
receive two dollars for every mile of ordinary travelling *°^'^'^engation 
distance from their places of abode to the place of the sitting for travel. 
of the general court computed on the same basis upon which 
mileage is paid to members of the general court, to be so 
allowed from the first day of January, nineteen hundred 
and seventeen. 

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

Approved February 17, 1917. 



An Act relative to the qualifications of cemetery (J hap. 1 
commissioners. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter seventy-eight of the Re- r. l. 78, § 21, 
vised Laws is hereby amended by inserting after the word ■^™*° 
"town", in the seventh line, the words: — to the extent that 
there reside in such town lot owners who are otherwise 
eligible and willing to serve, — so as to read as follows: — 
Section 21. A town which accepts the provisions of this and ml^fonersln™' 
the four following sections or has accepted the corresponding g"g'^°e^*\°Jnjg 
provisions of earlier laws may, at any town meeting, elect etc. 
by ballot a board of cemetery commissioners consisting of 
three persons, a majority of whom shall, for at least one 
year previous to their election, have been owners of a lot 
in a cemetery or other public burial ground in said town, to 
the extent that there reside in such town lot owners who 
are otherwise eligible and willing to serve. If such board is 
first chosen at a meeting other than an annual town meeting, 
one member shall be elected for one year from the day 
following that fixed by law for the last preceding annual 
town meeting, one member for two years, and one member 
for three years, from said day; and annually thereafter one 
member so qualified shall, at the annual town meeting, be 
elected by ballot for a term of three years. Such boards 
shall choose a chairman, and a clerk who may be a member 
of the board. Approved Febniary 17, 1917. 



8 



General Acts, 1917. — Chaps. 8, 9. 



1907, 535, § 1, 
amended. 



Chap. 8 An Act to provide for the testing and sealing of 

CERTAIN DEVICES INDICATING THE PRICE, WEIGHT OR 
MEASURE OF COMMODITIES OFFERED FOR SALE. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter five hundred and 
thirty-five of the acts of the year nineteen hundred and 
seven is hereby amended by inserting after the word 
"weight", in the sixth hne, the words: — or measure, — 
and by inserting after the word "weights", in the eighth 
line, the words: — or measures, — so as to read as follows: — 
Section 1. The provisions of chapter sixty-two of the Re- 
vised Laws relating to the adjusting, testing and sealing of 
weights, measures and balances shall apply to all scales, 
balances, computing scales and other devices having a device 
for indicating or registering the price as well as the weight 
or measure of the commodity offered for sale. All such 
computing devices shall be tested as to the correctness of 
both weights or measures and values indicated by them. 

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

Aj)proved February 19, 1917. 



Certain devices 
indicating the 
price, etc., of 
commodities 
to be tested 
and sealed. 



1907, 576, § 47, 
etc., amended. 



Chap. 9 An Act to increase the surplus which may be held 

BY A MUTUAL FIRE INSURANCE COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Section forty-seven of chapter five hundred 
and seventy-six of the acts of the year nineteen hundred and 
seven, as amended by section one of chapter four hundred 
and eighty-two of the acts of the year nineteen hundred and 
eight, by section one of chapter three hundred and ninety 
of the acts of the year nineteen hundred and nine, and by 
chapter four hundred and sixty-three of the acts of the 
year nineteen hundred and ten, is hereby further amended 
by striking out the second paragraph and inserting in place 
thereof the following: — Any such company may accumu- 
late and hold profits, but only until such profits equal four 
per cent of its insurance in force, and such accumulation 
shall be subject to the provisions of law relative to the in- 
vestment of the capital stock of insurance companies on the 
stock plan, and may be used from time to time in the pay- 
ment of losses, dividends and expenses, — so as to read as 



General Acts, 1917. — Chap. 10. 9 

ioWows: — Section 47. From time to time the directors of nw^Sd"'' 
a mutual fire insurance company may, by vote, fix and de- fi^elnsuranc'e 
termine the percentages of dividend or expiration return of ?°™p=^°y 
premium to be paid on expiring poHcies, which percentages 
may in their discretion be diiferent for pohcies insuring farm, 
manufacturing or storage risks from those insuring other 
ckisses of risks of the same term. But poHcies insuring risks 
in this commonwealth in the same classification shall have 
an equal rate of dividend or return of premium and in case 
of an assessment the rate thereof may be dift'erent for policies 
insuring farm, manufacturing or storage risks from that on 
policies insuring other classes of risks for the same term, but 
policies insuring risks in the same class shall have the same 
rate of assessment. Every policy placed in the said class of 
farm, manufacturing or storage risks shall, when issued, 
bear an endorsement to the effect that it is so classified. 

Any such company may accumulate and hold profits, but Profits, how 
only until such profits equal four per cent of its insurance in ''"^ '^ 
force, and such accumulation shall be subject to the pro- 
visions of law relative to the investment of the capital stock 
of insurance companies on the stock plan, and may be used 
from time to time in the payment of losses, dividends and 
expenses. 

Every policy holder of a domestic company, and every Policyholders 
Massachusetts policy holder of a foreign company, shall be of dfvWend^ 
notified at his last known address within six months after d^'=i»''«'^> ^^c. 
the expiration of his policy of the amount of any dividend 
declared and payable thereon, unless in the meantime such 
dividend has been paid in cash or applied in payment of the 
premium on the renewal of the policy. 

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

Approved February 19, 1917. 

An Act to increase the reserve of liability companies Chav. 10 

FOR outstanding LOSSES. 

Be it enacted, etc., as follows: 

Section 1. The reserve required of liability insurance Reserve of 
companies for outstanding losses under insurance against panles'fo?'™" 
loss or damage from accident to, or injuries suffered by, an folse^s*! w^ 
employee or other person, for which the insured is liable, computed. 
shall be computed as follows : — 

1. For all liability suits being defended under policies For liability 
written more than 



10 



General Acts, 1917. — Chap. 10. 



For liability 
policies. 



For compensa- 
tion claims 
under certain 
policies. 



For compensa- 
tion claims on 
policies written 
within three 
years, etc. 



Proviso. 



"Earned 
premiums," 
term defined. 



(a) Ten years prior to the date as of which the financial 
statement required by law to be filed with the insurance 
commissioner is made, one thousand five hundred dollars 
for each suit. 

(6) Five and less than ten years prior to the date as of 
which the said statement is made, one thousand dollars for 
each suit. 

(c) Three and less than five years prior to the date as of 
which the said statement is made, eight hundred and fifty 
dollars for each suit. 

2. For all liability policies written during the three years 
immediately preceding the date as of which the said state- 
ment is made, such reserve shall be sixty per cent of the 
earned liabilitj^ premiums of each of the said three years, 
less all loss and loss expense payments made under liability 
policies written in the corresponding years; but in any event, 
the reserve shall, for the first of the said three years, be not 
less than seven hundred and fifty dollars for each outstanding 
liability suit on said year's policies. 

3. For all compensation claims under policies written 
more than three years prior to the date as of which the said 
statement is made, the present values at four per cent 
interest of the determined and the estimated future pay- 
ments. 

4. For all compensation claims under policies written in 
the tlu"ee years immediately preceding the date as of which 
the said statement is made, the said reserve shall be sixty- 
five per cent of the earned compensation premiums of each 
of the said three years, less all loss and loss expense payments 
made in connection with such claims under policies written 
in the corresponding years; but in any event in the case of 
the first year of any such three-year period the reserve shall 
be not less than the present value at four per cent interest 
of the determined and the estimated unpaid compensation 
claims under policies written during that year: yrovided, 
however, that in computing the reserve for the statement 
for December thirty-first, nineteen hundred and seventeen, 
and December thirty-first, nineteen hundred and eighteen, 
the ratios sixty per cent and sixty-two and one half per 
cent, respectively, shall be used instead of sixty-five per 
cent as hereinbefore provided. 

Section 2. The term "earned premiums" as used 
herein shall include gross premiums charged on all policies 
written, including all determined excess and additional 



General Acts, 1917. — Chap. 10. 11 

premiums, less return premiums, other tlian premiums 
returned to policy holders as dividends, and less reinsurance 
premiums and premiums on policies cancelled, and less 
unearned premiums on policies in force. But any partici- 
pating company which has charged in its premiums a loading 
solely for dividends shall not be required to include such 
loading in its earned premiums: inoindcd, that a statement of ^''o^'so. 
the amount of such loading has been filed with and approved 
by the insurance commissioner. 

The term "compensation" as used in this act shall relate "Compensa- 
to all insurances effected by virtue of statutes providing defined.'''"' 
compensation to employees for personal injuries irrespective 
of fault on the part of the employer. The term "liability" temfdlfined 
shall relate to all insurance except compensation insurance 
against loss or damage from accident to or injuries suffered 
by an employee or other person, for which the insured is 
liable. 

The terms "loss payments" and "loss expense payments" ^ents'^tnd 
as used herein shall include all payments to claimants, in- 'loss expense 
eluding payments for medical and surgical attendance, legal terms defined, 
expenses, salaries and expenses of investigators, adjusters 
and field men, rents, stationery, telegraph and telephone 
charges, postage, salaries and expenses of office employees, 
home office expenses, and all other payments made on 
account of claims, whether such payments shall be allocated 
to specific claims or unallocated. 

Section 3. All unallocated liability loss expense pay- Certain im- 
ments made in a given calendar year subsequent to the Lbrnty loss 
first four years in which an insurer has been issuing liability ment^rho^" 
policies shall be distributed as follows: Thirty-five per distributed, 
cent shall be charged to the policies written in that year, 
forty per cent to the policies written in the preceding year, 
ten per cent to the policies written in the second year pre- 
ceding, ten per cent to the policies wi'itten in the third year 
preceding, and five per cent to the policies written in the 
fourth year preceding, and such payments made in each of 
the first four calendar years in which an insurer issues liability 
policies shall be distributed as follows: In the first calendar 
year one hundred per cent shall be charged to the policies 
written in that year, in the second calendar year fifty per 
cent shall be charged to the policies written in that year 
and fifty per cent to the policies written in the preceding 
year; in the third calendar year forty per cent shall be 
charged to the policies written in that year, forty per cent 



12 



General Acts, 1917. — Chap. 10. 



Other unallo- 
cated compen- 
sation loss 
expense pay- 
ments, how 
distributed. 



Additional 

reserves. 



Schedule of 
experience. 



Repeal. 



to the policies written in the preceding year, and twenty 
per cent to the policies written in the second year preceding, 
and in the fourth calendar year thirty-five per cent shall be 
charged to the policies written in that year, forty per cent 
to the policies written in the preceding year, fifteen per 
cent to the policies written in the second year preceding, 
and ten per cent to the policies written in the third year 
preceding, and a schedule showing such distribution shall 
be included in the annual statement. 

All unallocated compensation loss expense payments made 
in a given calendar year subsequent to the first three years 
in which an insurer has been issuing compensation policies 
shall be distributed as follows : Forty per cent shall be charged 
to the policies written in that year, forty-five per cent to 
the policies written in the preceding year, ten per cent to 
the policies written in the second year preceding, and five 
per cent to the policies written in the third year preceding, 
and such payments made in each of the first three calendar 
years in which an insurer issues compensation policies shall 
be distributed as follows: In the first calendar year one 
hundred per cent shall be charged to the policies written in 
that year, in the second calendar year fifty per cent shall be 
charged to the policies written in that year and fifty per 
cent to the policies written in the preceding year; in the 
third calendar year forty-five per cent shall be charged 
to the policies written in that year, forty-five per cent to 
the policies written in the preceding year, and ten per cent 
to the policies written in the second year preceding, and a 
schedule showing such distribution shall be included in the 
annual statement. 

Whenever, in the judgment of the insurance commis- 
sioner, the liability or compensation loss reserves of any 
insurer under his supervision, calculated in accordance with 
the foregoing provisions, are inadequate, he may, in his 
discretion, require such insurer to maintain additional re- 
serves based upon estimated individual claims or otherwise. 

Section 4. Every insurance company which writes 
liability or compensation policies shall include in the annual 
statement required by law a schedule of its experience there- 
under in such form as the insurance commissioner may 
prescribe. 

Section 5. Chapter three hundred and fifteen of the 
acts of the year nineteen hundred and eleven is hereby re- 
pealed. Approved February 19, 1917. 



General Acts, 1917. — Chaps. U, 12. 13 



An Act relative to establishments for the manu- fhrtj) 1 1 

FACTURE OF SAUSAGES OR CHOPPED MEAT OR FOR THE 
BREAKING OR CANNING OP EGGS. 

Be it enacted, etc., as follows: 

Section two of chapter three hundred and twenty-five of HI*; Amended. 
the acts of the year nineteen hundred and fourteen, as 
affected by chapter twenty-two of the General Acts of the 
year nineteen hundred and fifteen, is hereby amended by 
striking out, in the fourth and fifth fines, the words "fine or 
imprisonment at the discretion of the court", and inserting 
in place thereof the following : — a fine of not less than ten 
nor more than one hundred dollars, or by imprisonment for 
not more than three months, or b^^ both such fine and im- 
prisonment, — so as to read as follows : — Section 2. Who- Penalty for 
ever carries on an establishment for the manufacture of estabiLshments 
sausages or chopped meat of any kind, or for the breaking [ure"ofsausagea, 
or canning of eggs without a license as provided herein shall f.*° ■ without 

" "" ■*■ license 

be punished by a fine of not less than ten nor more than one 
hundred dollars, or by imprisonment for not more than 
three months, or by both such fine and imprisonment. 

Ajyproved February 19, 1917. 

An Act to increase the number of public adminis- Chap. 12 

TRATORS in THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter one hundred and ^^ ^'amended 
thirty-eight of the Revised Laws, as amended by section 
one of chapter five hundred and ten of the acts of the year 
nineteen hundred and eight, and by section one of chapter 
two hundred and forty-six of the acts of the year nineteen 
hundred and thirteen, is hereby further amended by inserting 
after the word "county", in the second line, the words: — 
except in the county of Middlesex where they shall not ex- 
ceed six, — so as to read as follows: — Section 1. There Number of 
shall be in each county one or more public administrators, l^tVator^ in""' 
not exceeding five in any county, except in the county of countyTn- 
Middlesex where they shall not exceed six, appointed by the creased to six. 
governor with the advice and consent of the council, who 
shall hold office for the term of five years from the time of 
their appointment, but they shall complete, as soon as they 
lawfully may, the administration of estates in their hands 



14 



General Acts, 1917. — Chap. 13. 



of which the administration is not complete at the date of 
the expiration of their terms. 
Section 2. This act shall take effect upon its passage. 

Aijproved February 20, 1917. 



1915, 261 (G), 
§ 5, amended. 



Closed 
packages of 
apples to be 
marked. 



Chap. 13 An Act relative to the packing, grading and sale of 

APPLES. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and 
sixty-one of the General Acts of the year nineteen hundred 
and fifteen is hereby amended by striking out the words 
"of the packer or", in the sixth line, by striking out the 
words "name and address of the repacker, or the", in the 
eighteenth line, and by striking out the words "original 
packer", in the last line, and inserting in place thereof the 
words : — person by w^hose authority they were originally 
packed, — so as to read as follows:- — Section 5. Every 
closed package of apples packed or repacked in the com- 
monwealth and intended for sale, either within or without 
the commonwealth, shall have marked in a conspicuous 
place on the outside of the package in plain letters a state- 
ment of the quantity of the contents, the name and address 
of the person by whose authority the apples were packed, 
the true name of the variety and the grade and the minimum 
size of the apples contained therein, in accordance with the 
provisions of sections two, three and four of this act, and the 
name of the state in which they were grown. If the true 
name of the variety is not known to the packer or other 
person by whose authority the apples are packed, the state- 
ment shall include the words "variety unknown", and if 
the name of the state in which the apples were grown is not 
known, this fact shall also be set forth in the statement. 
If apples are repacked, the package shall be marked "re- 
packed", and shall bear the name and address of the person 
by whose authority it is repacked, in place of that of the 
person by whose authority they were originally packed. 

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

Approved February 20, 1917. 



"Repacked" 
apples to bear 
name, etc., of 
packer. 



General Acts, 1917. — Chaps. 14, 15. 15 



An Act to establish a penalty in the sale of com- njmjj i^ 

MODITIES BY WEIGHT. 

Be it enacted, etc., as follows: 

Section thirty-nine of chapter sixty-two of the Revised ^c.^'amended. 
Laws, as amended by chapters one hundred and sixty- 
four and eight hundred and one of the acts of the year 
nineteen hundred and thirteen, is hereby further amended 
by adding at the end thereof the following: — Any viola- 
tion of this act shall be punished by a fine not exceed- 
ing one hundred dollars for each offence, — so as to read 
as follows: — Section 39. If commodities are sold by Penalty for 
weight, it shall be understood to mean the net weight of all commodities 
commodities so sold; and all contracts concerning goods ^y^^^'e^t. 
sold by weight shall be understood and construed accord- 
ingly: ijrovided, however, that in respect to commodities not Proviso. 
intended for food or fuel reasonable tolerances or variations 
shall be permitted in accordance with established trade 
customs. Any violation of this act shall be punished by a 
fine not exceeding one hundred dollars for each offence. 

Ayyroved February 20, 1917. 

An Act relative to the testing and sealing of Chap. 15 
apothecaries' weights and measures. 

Be it enacted, etc., as follows: 

Section twenty-seven of chapter sixty-two of the Revised ^^ded.^ ^^' 
Laws is hereby amended by inserting after the word "in- 
spected", in the fourth line, the words: — and if any weight 
or weighing or measuring device is so small as to render it 
impracticable to seal the same in the usual manner, he shall 
furnish a certificate in such form as may be approved by 
the commissioner of weights and measures, specifying every 
such weight or weighing or measuring device tested by 
him, — -so as to read as follows: ^ — -Section 27. If a sealer Testing and 
of weights and measures cannot seal any weights, measures apothecaries' 
and balances in the manner before provided, he may mark measu*r^es° 
them with a stencil or by other suitable means, so as to 
show that they have been inspected; and if any weight or 
weighing or measuring device is so small as to render it im- 
practicable to seal the same in the usual manner, he shall 
furnish a certificate in such form as may be approved by 
the commissioner of weights and measures, specifying every 



16 



General Acts, 1917. — Chaps. 16, 17. 



Penalty. 



such weight or weighing or measuring device tested by him; 
but he shall in no case seal or mark as correct any weights, 
measures or balances which do not conform to the standards. 
If such weights, measures or balances can be readily ad- 
justed by such means as he has at hand, he may adjust and 
seal them; but if they cannot be readily adjusted, he shall 
affix to such w^eights, measures or balances a notice for- 
bidding their use until he is satisfied that they have been so 
adjusted as to conform to the standards; and whoever re- 
moves said notice without the consent of the ofhcer affixing 
the same shall for each offence forfeit not more than fifty 
dollars, to be equally divided between the city or town and 
the complainant. Approved February 20, 1917. 



Chap. 16 An Act relative to vacations for laborers in cities. 
Be it enacted, etc., as follows: 



CerUun cities 
to vote upon 
acceptance of 
act relative to 
vacations for 
laborers. 



Certain pro- 
visions of law 
to apply. 



Section 1. The question of accepting the provisions of 
chapter two hundred and seventeen of the acts of the year 
nineteen hundred and fourteen, relative to vacations for 
laborers, shall, in cities that have not accepted said pro- 
visions, be placed upon the ballot to be used at the next 
state election, and the said provisions shall take effect in 
any city in which the said question is answered in the affirma- 
tive by a majority of the voters voting thereon. 

Section 2. The provisions of chapter sixty of the 
General Acts of the year nineteen hundred and fifteen re- 
lating to vacations for laborers shall apply to any city which, 
under the provisions of section one hereof, votes to accept 
the provisions of said chapter two hundred and seventeen. 

Approved February 20, 1917. 



Chap. 17 An Act relative to the expenses of city officials. 
Be it enacted, etc., as follows: 



R. L. 19, § 33, 
amended. 



Cities pro- 
hibited from 
paying certain 
expenses of 
officials. 



Section 1. Section thirty-three of chapter nineteen of 
the Revised Laws is hereby amended by striking out all 
after the word "cigars", in the second line, so as to read 
as follows : — Section 33. No city shall pay a bill incurred 
by any official thereof for wines, liquors or cigars. 

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

Approved February 21, 1917. 



General Acts, 1917. — Chaps. 18, 19, 20. 17 



An Act relative to fixing the amount of bonds given rhnn js 

BY certain officials FOR THE FAITHFUL PERFORMANCE 
OF THEIR DUTIES. 

Be it enacted, etc., as follows: 

Section 1. Bonds now required by law to be given by Amount of 
superintendents of institutions and principals of normal cm-tafn^schooi^ 
schools conditioned on the faithful performance of their ''^''^^^^ ^^'^• 
duties shall hereafter be for such amounts as the treasurer 
and receiver general and the auditor of the commonwealth 
may prescribe. 

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

Airproved February 21, 1017. 



An Act relative to the manner in which records of (jji^y \^ 

CITIES AND towns SHALL BE KEPT. 

Be it enacted, etc., as follows: 

Section 1. The words "in books" wherever they occur Manner in 
in the Revised Laws relating to the records of cities and of^dties'^ancf^ 
towns shall not be held to prohibit the making of such beYept*^*^' 
records on separate or loose leaves: provided, that such Proviso, 
leaves shall be bound in a permanent book upon the com- 
pletion of the record of a sufficient number of them to make 
an ordinary volume. 

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

Approved February 21, 1017. 



An Act relative to starlings. Chav 20 

Be it enacted, etc., as follows: 

Section seven of chapter ninety-two of the Revised Laws, r. l. 92, § 7, 
as amended by chapter tw^o hundred and eighty-seven of the ^^''" ^'"®'"^®*^- 
acts of the year nineteen hundred and three, and by section 
one of chapter two hundred and fifty of the acts of the year 
nineteen hundred and seven, is hereby further amended 
by inserting after the word "jays", in the fourth line, the 
word : — starlings, — so as to read as follows : — Section 7. Tf,?.^^^y ^°^ . 
Whoever takes or kills a wild or undomesticated bird not wild birds. 
named in sections two, three, four and five, except English 
sparrows, crow blackbirds, crows, jays, starlings, the follow- 
ing named birds of prey, — sharp-shinned hawk, cooper's 



18 General Acts, 1917. — Chap. 21. 

hawk, goshawk, red-tailed hawk, red-shouldered hawk, duck 

hawk, pigeon hawk, barred owl, great horned owl and snowy 

owl, — wild geese and fresh water and sea fowl not named 

in said sections, or wilfully destroys, disturbs or takes a 

nest or eggs of any wild or undomesticated birds, except 

such as are not protected by the provisions of this section, 

shall be punished by a fine of ten dollars for each bird taken 

or killed or each nest or egg destroyed, disturbed or taken 

Exemptions. Contrary to the provisions of this section; but a person over 

twenty-one years of age, who has a certificate from the 

commissioners on fisheries and game or from the president 

of the Boston Society of Natural History that he is engaged 

in the scientific study of ornithology or is collecting in the 

interest of a scientific institution, may at any season take 

or kill or take the nests and eggs of an undomesticated bird, 

Consent of cxccpt woodcock, ruffcd grousc and quail; but the pro- 

to ente^'rivate visions of tliis scctiou shall not authorize a person to enter 

grounds. upon private grounds without the consent of the owner 

thereof for the purpose of taking nests or eggs or killing 

certSrate" °^ birds. Said commissioners or the president of said society 

may at any time revoke such certificate. 

Ay proved February 21, 1917. 

Chap. 21 An Act relative to the testing and sealing of grad- 
uated GLASS MEASURES. 

Be it enacted, etc., as follows: 

etc.^'amendtd. Chapter sixty-two of the Revised Laws, as amended in 
section twenty-five by section two of chapter six hundred 
and thirty-three of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by striking out said 
section twenty-five and inserting in place thereof the follow- 

^It^meafures ^'^S ' — Scction 25. Apotliccarics and all other persons 

to be tested dealing in or dispensing drugs, medicines or merchandise 
sold, dispensed or given away by apothecaries' weights or by 
apothecaries' liquid measure, shall, at least annually, cause 
the weights and measures so used to be tested and sealed 
by the sealers of weights and measures in the respective 

Proviso. cities and towns in which they carry on business: yromded, 

however, that if a graduated glass measure has once been 
sealed by a sealer of weights and measures, or by the manu- 
facturer, it shall not in any case be necessary to have it 
sealed again at any time while it remains in the same con- 
"' dition in which it was when first sealed. The commis- 



General Acts, 1917. — Chap. 22. 19 

sioner of weights and measures shall establish specifications 

for graduated glass measures. When a representative sample Commissioner 

of any graduated glass measure has been submitted to the de^gMtins 

commissioner and approved by him, as conforming to the ™j;''k or num- 

specifications, he shall assign a designating mark or number 

which shall thereafter be permanently affixed to all such 

measures of that particular kind which has been by him 

approved. Such graduated glass measures as are sealed by 

the manufacturer shall be marked with the name, initials 

or trade-mark of the manufacturer, and by any other marks 

which the commissioner may require. The commissioner Revocation of 

shall have power to revoke the authority given by him to use malif, etc. 

any manufacturer under the provisions of this section upon 

proof that the authorized seal or designating mark has been 

affixed to any measure which does not conform to the sample 

by him approved. Ajjproved February 21, 1917. 

An Act relative to the decrees of probate courts. (JJiaj) 22 

Be it enacted, etc., as follows: 

Section three of chapter one hundred and thirty-six of the r, l. i.^o. § 3. 
Revised Laws is hereby amended by inserting after the ^™<'"'^^'^'' 
word " will", in the first line, the words: — or compromise of 
a will, — so as to read as follows: — Section 3. A decree probate of 
allowing a will, or compromise of a will, or adjudicating '^!heu°°'^'"'"^®' 
the intestacy of the estate of a deceased person in any court 
in this commonwealth having jurisdiction thereof shall, 
after two years from the rendition of such decree, or, if pro- 
ceedings for a reversal thereof are had, after two years from 
the establishment of such decree, be final and conclusive in 
favor of purchasers for value, in good faith, without notice 
of any adverse claim, of any property, real or personal, 
from devisees, legatees, heirs, executors, administrators or 
guardians; and in favor of executors, administrators, trustees 
and guardians, who have settled their accounts in due form 
and have in good faith disposed of the assets of the estate 
in accordance with law; and also in favor of persons who 
have in good faith made payments to executors, adminis- 
trators, trustees or guardians. If a subsequent decree 
reverses or qualffies the decree so originally rendered, heirs, 
devisees, legatees and distributees shall be liable to a subse- 
quent executor, administrator or other person found en- 
titled thereto, for any proceeds or assets of the estate re- 
ceived by them under the former decree, and in such case 



20 



General Acts, 1917. — Chaps. 23, 24. 



proceeds of real property shall be treated as real property. 
The provisions of this section shall not make an adjudication 
of the fact of death conclusive. 

Approved February 21, 1917. 



Chap. 23 An Act to provide for the licensing of coffee 

HOUSES, SO-CALLED. 



Coffee houses, 
so-called, etc., 
to be licensed. 



Expiration. 



Penalty. 



Act to be 
submitted to 
city council in 
cities and to 
voters in towns. 



Be it enacted, etc., as follows: 

Section 1. No coffee house, so-called, or tea house, or 
place of resort for refreshment, where the principal business 
is, or purports to be, the sale of coffee or tea as a beverage, 
shall be maintained in any city or town until a license there- 
for has been granted by the authority empowered to grant 
victuallers' licenses therein. The fee for the license shall be 
five dollars or such other sum as shall be fixed from time to 
time by the city council of the city or by the selectmen of 
the town. Licenses issued hereunder shall expire on the 
first day of May following the date of issue, and may be re- 
voked at any time by the licensing authority. 

Section 2. Any violation of this act shall be punished 
by a fine not exceeding one hundred dollars. 

Section 3. This act shall take effect in any city upon 
its acceptance by the city council with the approval of the 
mayor, and it shall take effect in any town upon its accept- 
ance by vote of the town at any annual town meeting or at 
any special meeting duly called for the purpose. 

Approved February 21, 1917. 



Chap. 24 An Act to authorize the director of the bureau of 
statistics to furnish certain accounting supplies to 
cities and towns. 

Be it enacted, etc., as foUoivs: 

Section 1. The director of the bureau of statistics is 
authorized to supply, approximately at cost, cities and towns 
in which accounting systems have been installed, pursuant 
to the provisions of chapter five hundred and ninety-eight 
of the acts of the year nineteen hundred and ten, as amended 
by chapter seven hundred and six of the acts of the j'ear 
nineteen himdred and thirteen, and by chapter thirteen of 
the General Acts of the year nineteen hundred and sixteen, 
with such books, forms, or other articles as they may re- 



Director of 

bureau of 
statistics to 
furnish cer- 
tain account- 
ing supplies to 
cities and 
towns. 



General Acts, 1917. — Chaps. 25, 26. 21 

quire from time to time, after the original installation of 
the said systems. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1917. 

An Act to provide for the expenses of the state (Jji^p^ 25 

LIBRARY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and f/f amended. 
twelve of the General Acts of the year nineteen hundred and 
sixteen is hereby amended by striking out the first clause 
and inserting in place thereof the following: — The trustees Expenses of 
of the state library may expend annually a sum not ex- ^*'^*^ ' '^^'^^" 
ceeding twelve thousand four hundred and ninety dollars for 
permanent assistants and clerks. 

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

Approved February 23, 1917. 

An Act relative to the issuance of hunters' certifi- (JJiaj), 26 
cates of registration. 

Be it enacted, etc., as follows: 

Section two of chapter six hundred and fourteen of the i9ii, 6i4, § 2, 
acts of the year nineteen hundred and eleven is hereby '*'"'^""'- 
amended by striking out the words "Said certificate shall 
be valid only to January first next following the date of issue 
and no longer, shall not be transferable, and shall be pro- 
duced for examination upon demand of any person", in the 
fourteenth, fifteenth, sixteenth and seventeenth lines, and 
inserting in place thereof the following : — The clerk of any 
city or town may issue a certificate as to any of the classes 
hereinafter described on or after December twenty-sixth 
In the year preceding that during which the certificate may 
be used. Said certificate shall bear the date of January 
first and shall be valid for use to and including the following 
December thirty-first, and no longer, shall not be transfer- 
able and shall be produced for examination upon the de- 
mand of any person, — so as to read as follows: — Section city and town 
2. The clerk of any city or town shall, upon the application certifioatefor 
of any person entitled to receive a certificate of registration to^hunter°s" 
under any of the classes hereinafter described, and upon 
payment of the registration fee hereinafter specified, and 
the furnishing of an affidavit by any non-resident who de- 



22 General Acts, 1917. — Chap. 27. 

sires to be classified under clauses one, two and three of 
section four of this act, register and issue to such person a 
certificate in the form prescribed and upon a blank furnished 
by the commissioners on fisheries and game, which cer- 
tificate shall bear the name, age, occupation, place of resi- 
dence, and signature and identifying description of the 
person thus registered, and shall authorize the person so 
registered to hunt birds and quadrupeds, subject to such 
Certifioateto couditious as are provided by law. The clerk of any city 

iiti V lOrc© for i ^ •' »/ 

calendar year, or towu mav issuc a Certificate as to any of the classes here- 
inafter described on or after December twenty-sixth in the 
year preceding that during which the certificate may be 
used. Said certificate shall bear the date of January first 
and shall be valid for use to and including the following 
December thirty-first, and no longer, shall not be trans- 
ferable and shall be produced for examination upon the 
demand of any person. Failure or refusal to produce said 
certificate upon such demand shall be prima facie evidence 
of the violation of this act. 

Apj)roved February 27, 1917. 

Chap. 27 An Act relative to the taking of white perch. 
Be it enacted, etc., as follows: 

1915.54(G), Section 1. Section one of chapter fifty-four of the 

General Acts of the year nineteen hundred and fifteen is 
hereby amended by striking out the word "ponds", in the 
second line, and inserting in place thereof the word: — 

Taking of waters, — so as to read as follows: — Section 1. It shall be 

regulation, etc. lawful for any person to take white perch from waters that 
have been stocked by the fish and game commissioners 

Provisos. with white perch and to have the same in possession: pro- 

vided, that no perch less than seven inches long is taken 
and that the taking is by angling only; and provided, also, 
that a total of not more than ten pounds of white perch is 
taken in any one day, except that if the last fish caught 
increases the total weight of the fish caught to more than ten 
pounds the last fish so taken may lawfully be kept, and 
provided, also, that when two or more persons are angling 
from the same boat or raft they shall not take more in the 
aggregate than fifteen pounds, except that if the last fish 
caught increases the total weight of the fish caught by such 
persons to more than fifteen pounds, the last fish so taken 
may lawfully be retained. 



General Acts, 1917. — Chap. 28. 23 

Section 2. This act shall not apply to waters already Not to apply 
held under lease or which may hereafter be leased by the w"ators!"° 
commonwealth or by the board of commissioners on fisheries 
and game. Approved February 27, 1917. 

An Act to provide for the appointment of a commls- (7/^^^) 28 
sioN TO compile infor]\l\tion and data for the use 

OF THE constitutional CONVENTION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of facilitatino; the work of ^'"w-norto 

.^,^ ,,".. appoint com- 

the convention to revise, alter or amend the constitution of mission to 
the commonwealth, as provided by chapter ninety-eight of formation, etc., 
the General Acts of the year nineteen hundred and sixteen, constitutional 
a commission of three learned and discreet persons shall be *=°^^^''*»°^- 
appointed by the governor, one of whom shall be designated 
as chairman, who shall forthwith proceed to compile and 
render accessible, in convenient form and arrangement, such 
information, data and material as may aid the convention 
in the discharge of its duties. The members of the com- compensation, 
mission may receive such compensation and may incur ^'*'- 
such expense for clerical assistance, incidentals and printing 
as the governor and council may approve, not to exceed in 
all the sum of ten thousand dollars. The governor is also 
empowered to fill any vacancy that may occur in said com- 
mission. The provisions of the laws relating to civil service 
shall not apply to clerks appointed by the commission. 
Section 2. The commission shall place at the disposal Distribution 

n .. , p • 1 ,• IP, of information 

or the members or said convention as soon as may be after to members of 
their election the aforesaid information and data, from time '^ ^ " '°"' 
to time, as the same is prepared and compiled and may, 
with the approval of the governor, distribute to such mem- 
bers before or after the organization of the convention as 
much thereof as the governor may authorize to be printed. 
The governor and council, upon such terms and conditions Pubiicdis- 
as they may deem expedient, may order that any material materiaL^^ 
ordered printed for the use of said members shall be printed 
in sufficient quantity and distributed by the secretary of the 
commonwealth to the people at large. 

Section 3. The commission shall be provided with to be provided 
suitable accommodations in the state house and shall, to- Ttc. ^^^^ ^^^' 
gether with the members of the convention and the officers 
and employees thereof, ha,ve the same right of access to the 
state library as the members of the general court. There 



24 



General Acts, 1917. — Chap. 29. 



Termination 
of service. 



shall also be provided in the state house, subject to the 
approval of the governor and council, a room or rooms 
conveniently near the place of meeting of the convention 
where the aforesaid information and data may be suitably 
arranged, indexed and catalogued. 

Section 4. The service of said commission shall termi- 
nate upon the final adjournment of the convention, or 
whenever at any time prior to such adjournment, the gov- 
ernor may determine that the purposes and objects of said 
commission have been accomplished. 

Section 5. This act shall take effect upon its passage. 

Aiyproved February 28, 1917. 



1913, 835, § 15, 
etc., amended. 



Assessor.^ to 
make lists of 
male persons 
liable to a poll 
tax. 



Chaqy. 29 An Act relative to the listing of voters in the city 

OF boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter eight hundred and thirty-five of 
the acts of the year nineteen hundred and thirteen, as 
amended in section fifteen by section one of chapter ninety- 
one of the General Acts of the year nineteen hundred and 
fifteen, is hereby further amended by striking out the said 
section fifteen and inserting in place thereof the following: — 
Section 15. The assessors, assistant assessors, or one or 
more of them, shall annually, in April or May, visit every 
building in their respective cities and towns and, after 
diligent inquiry, shall make true lists containing, as nearly 
as they can ascertain, the name, age, occupation and resi- 
dence, on the first day of April in the current year, and the 
residence on the first day of April in the preceding year, of 
every male person twenty years of age or upwards, residing 
in their respective cities and towns, liable to be assessed for 
a poll tax; and, except in Boston, shall inquire at the resi- 
dences of the women voters whose names are contained in 
the list transmitted to them by the registrars under the pro- 
visions of section forty-four whether such women voters 
are resident thereat, and shall thereupon make true lists 
of the women voters found by them. 

Any inmate of the Soldiers' Home in the city of Chelsea 
shall have the same right as any other resident of that city 
to be assessed and to vote therein. 

The assessors shall, upon the personal application of an 
assessed person for the correction of any error in their 
original lists, and whenever informed of any^such error, make 



To make lists 
of women 
voters, except 
in Boston. 



Inmates of 
Soldiers' Homo 
may be 
assessed and 
vote in Chelsea. 

Assessors to 
correct errors 
and supply 
omissions. 



General Acts, 1917. — Chap. 29. 25 

due investigation, and, upon proof thereof, correct the same 

on their books. When informed of the omission of the 

name of a person who is averred to have Hved in the city or 

town on the first day of April in the current year, and to 

have been assessed there in the preceding year, they shall 

make due investigation, and, upon proof thereof, supply 

the omission on their books, and, except in Boston, give 

immediate notice thereof to the registrars of voters. They Applications, 

shall cause all applications, certificates and affidavits re- preservecffor 

ceived by them under this section to be preserved for two ^^■°y«^^" 

years. 

Section 2. Section sixteen of said chapter eight hun- i9i3, 835, § le, 
dred and thirty-five, as amended by section two of said ^^''" ^™®'"^^''- 
chapter ninety-one, is hereby further amended by inserting 
after the word "assessors" in the second line, the words: 

— except in Boston, — by striking out in the fourth line 
the words "and in Boston to the election commissioners", 

— by striking out the words "to the election commission- 
ers", in the sixth and seventh lines, — and by striking out 
the words "and the election commissioners", in the eleventh 

line, — so as to read as follows: — Section 16. The assessors, Assessors, 
except in Boston, shall from time to time, and before the Bos*tol!'to 
fifteenth day of June in each year, transmit to the registrars regi^trarVand 
of voters, the lists made as provided in the preceding section, {^^"3'"^*°" 
or certified copies thereof, and shall promptly transmit to 
the registrars and to the collector of taxes notice of every 
addition to and correction in the lists made by them. Every 
assessor, assistant assessor and collector of taxes shall furnish 
all information in his possession necessary to aid the regis- 
trars in the performance of their duties. 

Section 3. Section seventeen of said chapter eight 1913, 835, § 17, 
hundred and thirty-five, as amended by section three of ^^'^ ' ^™^° 
said chapter ninety-one, is hereby further amended by in- 
serting after the word "cities" in the first line, the words: 

— except in Boston, — and by striking out the words "and 
in Boston to the election commissioners", in the tenth and 
eleventh lines, — so as to read as follows : — Section 1 7. The Assessors of 
assessors of cities, except in Boston, shall, on or before the Bolton ami' 
fifteenth day of June in each year, and the assessors of towns [owns? to 
having over five thousand inhabitants according to the f-stP^^c^*""^®* 
latest census, state or national, shall, on or before the first 

day of July in each year, prepare street lists containing the 
names of all persons assessed by them for poll taxes for the 
current year. Such lists for cities and for towns divided 



26 



General Acts, 1917. — Chap. 29. 



Lists of 
assessed polls 
to be posted in 
certain towns. 



1913, 835, § 18, 
etc., amended. 



Form and 
contents of 
street lists. 



1913, 835, § 19, 
etc., amended. 



Assessment of 
persons not 
previously 
assessed. 



into voting precincts shall be arranged by voting precincts. 
They shall print such lists in pamphlet form, shall deliver 
to the registrars as many copies thereof as they may re- 
quire, and shall hold the remaining copies for public distri- 
bution. In all other towns they shall, on or before the first 
day of July in each year, cause lists of all persons assessed 
therein for poll taxes to be prepared and conspicuously 
posted in two or more public places in every such town. In 
towns not divided into voting precincts such lists may be 
arranged alphabetically, according to the names of the 
persons on the list, or by streets. 

Section 4. Section eighteen of said chapter eight hun- 
dred and thirty-five, as amended by section four of said 
chapter ninety-one, is hereby further amended by inserting 
at the beginning, the words: — Except in Boston, — so as 
to read as follows: — Section 18. Except in Boston, the 
assessors shall name or designate in such street lists all 
buildings used as residences, in their order on the street 
where they are located, by giving the number or other definite 
description of each building so that it can be readily identified, 
and shall place opposite to or under each number or other 
description of a building the name, age and occupation of 
every person residing therein on the first day of April of the 
current year and assessed for a poll tax, and his residence 
on the first day of April of the preceding year. 

Section 5. The first paragraph of section nineteen of 
said chapter eight hundred antl thirty-five, as amended by 
section five of said chapter ninety-one, is hereby further 
amended by inserting after the word "town", in the second 
line, the words: — except Boston, — by striking out the 
words "and in Boston not later than the twentieth day of 
December", in the fifth and sixth lines — and by striking out 
all after the word "true", in the thirteenth line — so that 
said paragraph wull read as follows: — Section 19. If a male 
person resident in a city or town, except Boston, on the 
first day of April was not assessed for a poll tax, he shall, 
in order to establish his right to assessment, present to the 
assessors before the close of registration a statement under 
oath that he was on said day a resident of such city or town 
and liable to pay a poll tax therein, and a list under oath of 
his polls and estate and shall also produce before the assessors 
two witnesses, who shall testify, under oath, that they are 
voters of the ward or town in which such person desires to 
be registered and that the statement of the applicant is true. 



General Acts, 1917. — Chap. 29. 27 

Section C. Section forty-six of said chapter eight hun- lois, 836, § 46, 
dred and ^ thirty-five, as amended by section six of said ''' ' ^^'"'^°^^^- 
chapter ninety-one, and by section one of chapter eighty- 
seven of the General Acts of the year nineteen hundred and 
sixteen, is hereby further amended by striking out all after 
the word " residence" in the tenth line, — so as to read as fol- 
lows: — Section 40- Every male applicant for registration, Male applicant 
except in Boston, whose name has not been transmitted to biifofcM-*^" 
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. 

Section 7. In Boston there shall be a listing board ,^So''n°^'iow 
composed of the i^olice commissioner of the city and one constituted. 
member of the board of election commissioners, who shall i''iJ)0''^dJ^Y-^f' 
annually be appointed by the mayor, without confirmation 
by the city council, for the term of one year and who shall 
belong to that one of the two leading political parties of 
which the police commissioner is not a member. In case of 
disagreement between the two members of said board, the 
chief justice of the municipal court of the city of Boston, or, 
in case of his disability, the senior justice of said court who 
is not disabled, shall, for the purpose of settling such dis- 
agreement, be a member of said board and shall preside and 
cast the deciding vote in case of a tie. 

Section 8. The listing board shall, within the first to make lists 
seven week days of April in each year, by itself or by police ° ""^ ® voters. 
officers subject to the jurisdiction of the police commissioner, 
visit every building in said city, and after diligent inquiry 
make true lists, arranged by streets, wards and voting pre- • 
cincts, and containing, as nearly as the board can ascertain, 
the name, age, occupation and residence on the first day of 
April in the current year, and the residence on the first day 
of April in the preceding year, of every male person, twenty 
years of age or upwards, who is not a pauper in a public 
institution, residing in said city. Said board shall designate Buildings uf^ed 
in the said lists all buildings used as residences by such bedBsignated," 
male persons, in their order on the street where they are ^^°' 
situated, by giving the number or other definite description 
of every such building so that it can readily be identified, 



28 



General Acts, 1917. — Chap. 29. 



To make lists 
of women 
voters. 



Police com- 
missioner may 
take further 
time when 
necessary, etc. 



Names of 
informants to 
be given, etc. 



To correct 
errors in 
lists, etc. 



Applications, 
etc., to be 
preserved f<jr 
two years. 



and shall place opposite the number or other description of 
every such building the name, age and occupation of every 
such male person residing therein on the first day of April 
in the current year, and his residence on the first day of 
April in the preceding year. The board shall also inquire 
at the residences of the women voters whose names are con- 
tained in the list transmitted to them by the election com- 
missioners, under section seventy-six of said chapter eight 
hundred and thirty-five, whether such women voters are 
resident thereat, and shall thereupon make true lists of the 
women voters foimd by them. If in any year the police 
commissioner shall believe it to be impracticable, because 
of any public exigency requiring unusual service from the 
police force of the city, to complete within the first seven 
week days of April the said visitation, and to transmit to 
the election commissioners on or before the eighteenth day 
of April the lists described in this section, he shall have au- 
thority, after having given notice in writing to the listing 
board and to the board of election commissioners of the city, 
to take such further time for the said visitation and trans- 
mission, not exceeding ten week days, as he shall deem 
necessary. 

The board shall place in the lists made by it, opposite the 
name of every such male person or woman voter, the name 
of the inmate, owner or occupant of the building, or the 
name and residence of any other person who gives the in- 
formation relating to such male person or woman voter. 
Where such information is given by one person relating to 
more than one such male person or woman voter residing 
in one building, ditto marks may be used in the lists under 
the name of the person giving the information, after his 
name has once been placed opposite the name of such male 
person or woman voter first written down as residing in 
such building. 

The board shall, upon the personal application of a person 
listed for the correction of any error in their lists or when- 
ever informed of any such error, make due investigation, 
and upon proof thereof correct the same on their lists, and 
shall immediately notify the election commissioners of 
such correction, who shall correct their copies of said lists 
accordingly and proceed to revise and correct the registers 
under the provisions of section fifty-one of said chapter eight 
hundred and thirty-five. The board shall cause all applica- 
tions and affidavits received by it under this section to be 
preserved for two years. 



General Acts, 1917. — Chap. 29. 29 

Section 9. The board shall, on or before the eighteenth To transmit 
day of April in each year, transmit to the election commis- toe'iect°ion^*^ 
sioners certified copies of those parts of the lists prepared as ^^^^^'^^'o^ers, 
provided in the preceding section, containing the name, age, ! J A^^-^9$*J a 
occupation and residence on the first day of April in the ~ '"^ 

current year, and the residence on the first day of April in 
the preceding year, of every male person, twenty years of 
age or upwards, residing in said city, and shall promptly 
transmit to the election commissioners notice of every 
addition to and correction in the lists made by it. The 
board shall furnish all information in its possession neces- 
sary to aid the election commissioners in the performance of 
their duties. 

Section 10. The board shall, on or before the first day To prepare 
of June in each year, prepare printed copies of the lists pre- oriis^ts. '^c!^^ 
pared for the use of the election commissioners. The board 
shall print such lists in pamphlet form by precincts, deliver 
to the election commissioners as many copies thereof as 
they may require, and hold the remaining copies for public 
distribution. 

Section 11. If a male person, twenty years of age or Listing of 
upward, resident in Boston on the first day of iVpril, was not prev*iou8"y* 
listed by the board, he shall, in order to establish his right ''^*^'^- 
to be listed, 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 ad- 
minister oaths for this purpose, that he was on the first day 
of April a resident of said city, giving his name, age, occupa- 
tion and residence on the first day of April in the current 
year, and his residence on the first day of April in the pre- 
ceding year. A male person, twenty years of age or upward, ^HlP^^ to be''^ 
who becomes a resident of said city after the first day of "sted to 

present ji 

April shall in person present a statement in writing under statement in 
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 election at 
which he claims the right to vote, giving his name, age, 
occupation and residence, and the date when he so became 
a resident, and his residence on the first day of April in the 
current year. The board of election commissioners shall 
forthwith transmit a copy of such statement to the police 
commissioner who shall detail an officer to verify the state- 
ment of the applicant as to residence, and shall report to 
the election commissioners within five days the result of the 



30 



General Acts, 1917. — Chap. 29. 



Election 
conjmissioners 
may fjlace 
names on 
voting list. 



Proviso. 



1913, 835, § 76, 
etc., amended. 



Election . 
commissioners 
to prepare 
annual register 
of voters. 



Proviso. 



To make 
necessary 
inquiries and 
investigations, 
etc. 



investigation of the officer. If tlie statement of the apphcant 
as to residence is found to be true, the election commissioners 
shall place the name of the applicant on the voting list; 
otherwise the election commissioners shall forthwith notify 
the applicant to appear before them, and, if not satisfied 
that his statement is true, shall not place his name upon the 
voting list: provided, Jiowever, that no application for registra- 
tion under the provisions of this section shall be received by 
the election commissioners or assistant registrars later than 
the thirtieth day preceding a state or municipal election. 

Section 12. Section seventy-six of said chapter eight 
hundred and thirty-five, as amended by section seven of 
said chapter ninety-one, is hereby further amended by strik- 
ing out the word "assessors" in the twelfth and thirty-fifth 
lines and inserting in place thereof in each instance the 
words: — listing board, — and by striking out the word 
"assessed" in the thirteenth line, and inserting in place 
thereof the word: — -listed, — -so as to read as follows: — 
Section 70. The election commissioners shall, after the first 
day of April in each year, prepare an annual register con- 
taining the names of all qualified voters in Boston for the 
current year, beginning with such first day of April. Such 
names shall be arranged by wards and precincts and, opposite 
the name of each voter, shall be entered his residence on the 
preceding first day of April or any subsequent day when he 
became a resident of said city. The election commissioners 
shall enter in the annual register every name contained in 
the lists, for the current year, of persons transmitted to 
them by the listing board, giving, as the residence of each 
person on the first day of April, the place at which he was 
listed by said board; and likewise the name and residence, 
as aforesaid, of every woman voter Avhose name is contained 
in the list of women voters transmitted to them under this 
act: ijrovided, that in every case they are able to identify 
the name so transmitted as that of a man or woman whose 
name was borne on the voting list of said cit}^ at the last 
preceding election. They shall make all inquiries and in- 
vestigations necessary to identify such person, and they 
shall not enter in the annual register the name of a person 
objected to by any commissioner, until such person has 
been duly notified and given an opportunity to be heard by 
them, and shall have appeared and satisfied them of his 
right to have his name so entered. They shall forthwith 
enter in the annual register the name of every person whose 



General Acts, 1917. — Chap. 29. 31 

qualifications as a voter have been determined l)y them in 
the current year and whose name has accordingly been 
entered in the general register. They shall, on or before the To send notice 
first Monday of August in each year, send notice in writing p"rOT^!iing*'year 
by mail to each male voter of the preceding year whose havlnot bein 
name has not been entered in the annual register of the ^'nifJ^Vilister 
current year that his name has not been so entered. They to transmit list 
shall, before the first day of April in each year, transmit to "^ou^fto 
the listing board a list of the women voters whose names are ''^'^'"^ board, 
contained upon the register of the preceding year, with their 
residences, as they appear on said register. 

Section 13. Section four hundred and thirty-six of said 'tf 'fmendtd^' 
chapter eight hundred and thirty-five, as amended by section 
eight of said chapter ninety-one, is hereby further amended 
by striking out the said section and inserting in place thereof 
the following: — Section 436. A member of the listing Penalty on 
board or a police officer in Boston who knowingly enters on ilstiSg'boa^rd 
any list of male persons or women voters, or causes, or allows fn Boston"'^"^^'^ 
to be entered thereon, or reports the name of any person as 
a resident of a building, who is not a resident thereof, shall 
for each offence be punished by imprisonment for not more 
than one year. 

Section 14. Section four hundred and fifty-eight of said e?c!'am^ndtd^' 
chapter eight hundred and thirty-five, as amended by section 
nine of said chapter ninety-one, is hereby further amended 
by inserting after the word "by", in the fourth and tenth 
lines, in each instance, the words: — a member of the listing 
board or, — so as to read as follows : — Section 45S. Who- Penalty for 
ever in Boston, being an inmate of a building and a male Z^Xe'^eor'^ 
resident twenty years of age or upward, refuses or neglects BostX^*'°"'° 
to give his true name, when asked by a member of the 
listing board or a police officer acting under this act, or 
whoever, being an owner or occupant of a building, or a 
clerk, superintendent, manager or other person having in 
charge the affairs of a hotel or lodging house, refuses or 
neglects to give the full and true information within his 
knowledge relating to, all persons residing in such building, 
when asked by a member of the listing board or a police 
officer acting under this act, shall be punished by imprison- 
ment for not more than three months. 

Section 15. Section four hundred and fifty-nine of said ^i*'^- ^^^' ^^'^?- 
chapter eight hundred and thirty-five, as amended by section 
ten of said chapter ninety-one, is hereby further amended by 
inserting after the word "to" in the third line the words: 



32 



General Acts, 1917. — Chap. 30. 



Penalty for 
giving name of 
non-resideut. 



1913, 835. § 460, 
etc., amended. 



Penalty for 
false affidavit, 
oath or cer- 
tificate. 



— a member of the listing board or — and by inserting after 
the word "making" in the fourth line, the words: — a list 
of male residents twenty years of age or upward or women 
voters or, — so as to read as follows : — Section 459. Who- 
ever knowingly gives to an assessor or assistant assessor, for 
the purpose of the assessment of a poll tax, or in Boston to 
a member of the listing board or a police officer, for the 
purpose of making a list of male residents twenty years of 
age or upward or women voters or a report under this act, 
the name of any person as a resident of a building, who is 
not a resident therein, shall be punished by imprisonment 
for not more than one year. 

Section 16. Section four hundred and sixty of said 
chapter eight hundred and thirty-five, as amended by section 
eleven of said chapter ninety-one, is hereby further amended 
by inserting after the word "registration", in the fourth 
line, the words : — or in Boston for being listed, — so as to 
read as follows : — Section IfiO. Whoever knowingly or wil- 
fully makes a false affidavit, takes a false oath or signs a 
false certificate relative to the qualifications of any person 
for assessment or registration, or in Boston for being listed, 
shall be punished by imprisonment for not more than one 
year. 

Section 17. This act shall take effect upon its passage. 

Approved February 28, 1917. 



Chap. 30 An Act relative to certain unclaimed awards for 

DAMAGE done BY DOGS IN BERKSHIRE COUNTY. 



Unclaimed 
awards for 
damage done 
by dogs in 
Berkshire 
county may be 
used for cer- 
tain purposes. 



Be it enacted, etc., as folloivs: 

Section 1. The treasurer of the county of Berkshire is 
hereby authorized to use the unclaimed money held by him 
against certain old awards for damage done by dogs, namely, 
the sum of eight hundred fifty-eight dollars and seventy-six 
cents, in the payment of the miscellaneous and contingent 
expenses of said county, in the same manner and to the 
same extent as if said money had been raised by taxation for 
the purposes for which he is hereby authorized to expend 
the same. 

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

Approved February 28, 1917. 



General Acts, 1917. — Chap. 31. 33 



An Act to authorize the county of barnstable to ex- (jji^j) 31 

PEND A FURTHER SUM FOR THE CONSTRUCTION AND MAIN- 
TENANCE OF AN INFIRMARY FOR THE CARE AND TREAT- 
MENT OP TUBERCULOUS AND OTHER PATIENTS. 

Be it enacted, etc., as follows: 
Section 1. The collnt^^ commissioners of the county of Bamstabie 

',., ,. ,,.. county may 

Barnstable are hereby authorized to expend, ni addition to expend a 

ivirtnGr sum for 

the amount authorized by chapter one hundred and fifty- constructing, 
three of the General Acts of the year nineteen hundred and fnOrmary for 
fifteen, and for the purposes therein specified, an amount patien"s,°etc. 
not exceeding twenty-five thousand dollars, and to issue 
bonds or notes therefor, and each authorized issue of bonds 
or notes shall constitute a separate loan. Said bonds or 
notes shall be payable by such annual payments, beginning 
not more than one year after the date thereof as will ex- 
tinguish each loan within ten years from its date; and the 
amount of such annual payment of any loan in any year 
shall not be less than the amount of the principal of the 
loan payable in any subsequent year. The said bonds or 
notes shall bear on their face the words County of Barnstable 
Infirmary Loan, Acts of 1915-1917, and shall bear interest 
at a rate not exceeding five per cent per annum, payable 
semi-annually, and shall be signed by the treasurer of the 
county and countersigned by a majority of the county 
commissioners. The county may sell the said securities at 
public or private sale, upon such terms and conditions as 
the county commissioners may deem proper, but not for 
less than their par value, and the proceeds shall be used 
only for the purposes specified in said chapter one hundred 
and fifty-three. 

Section 2. The county commissioners at the time of off^^^* 
authorizing said loan shall provide for the payment of the 
principal and interest thereof in the same manner as the 
loan authorized by said chapter one hundred and fifty-three 
is required to be paid by the provisions thereof. 

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

Approved February 28, 1917, 



34 



General Acts, 1917. — Chaps. 32, 33, 34. 



Form of 
certain bonds 
of trustees and 
receivers 
established. 



Chap. 32 An Act relative to the form of certain bonds of 

TRUSTEES AND RECEIVERS. 

Be it enacted, etc., as follows: 

Section 1. Any bond required by the court to be given 
by a receiver appointed by the supreme judicial court or by 
the superior court, and any bond given by a trustee ap- 
pointed by either of said courts under the provisions of 
section five of chapter one hundred and forty-seven of the 
Revised Laws, shall be payable to the commonwealth, and 
shall otherwise be in such form as the court shall require. 
Such bonds may be enforced in the name of the common- 
wealth by the attorney-general, or by any person interested 
therein and duly authorized to take such action by the court 
in which the bond is filed after notice to the attornej^-general. 
Any sums so recovered shall be paid over or administered as 
the court shall direct. 

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

Approved February 28, 1917. 

Chap. 33 An Act relative to lost pass books and certificates 

OF SHARES OF CREDIT UNIONS AND OF CERTAIN SAVINGS 
AND LOAN ASSOCIATIONS. 

Be it enacted, etc., as follows: 

The provisions of section forty of chapter five hundred 
and ninety of the acts of the year nineteen hundred and 
eight, as amended by section six of chapter four hundred and 
ninety-one of the acts of the year nineteen hundred and 
nine, and by chapter one hundred and seventy-one of the 
acts of the year nineteen hundred and twelve, shall hereafter 
apply to the pass books and certificates of shares of credit 
unions and of the Attleborough Savings and Loan Associa- 
tion, the Plainville Savings and Loan Association and the 
Norton Savings and Loan Association. 

Approved February 28, 1917. 

Chap. 34 An Act relative to the appointment of superin- 
tendents OF streets by two or more towns 

JOINTLY. 

Be it enacted, etc., as follows: 

Section eighty-five of chapter twenty-five of the Revised 
Laws is hereby amended by adding at the end thereof the 



Certain pro- 
visions to apply 
to lost pass 
books and cer- 
tificates of 
shares of credit 
unions and 
certain savings 
and loan 
associations. 



R. L. 25, § 85, 
amended. 



General Acts, 1917. — Chap. 35. 35 

following: — Or the selectmen of two or more towns may 
unitedly, subject to the approval of the Massachusetts high- 
way commission, appoint, and fix the compensation of, a 
superintendent of streets who shall exercise the same powers 
and duties and be otherwise subject to the same provisions 
of law as if solely appointed in any of such towns. His com- 
pensation shall be paid by said towns in such proportions as 
the selectmen may unitedly determine, — so as to read as 
follows : — Section 85. In a town which has not authorized toTnaltTntiy 
the election of road commissioners or surveyor of highways, may appoint a 

,, 111 r>i 1 oyj superintendent 

the selectmen shall, as soon alter the annual town meetmg of streets. 
as may be, in writing appoint a superintendent of streets, 
who shall receive such compensation as they or the town de- 
termine and shall be removable by them when the public 
interest requires. He shall be sworn to the faithful per- 
formance of his duties, and shall hold office until the next 
annual town meeting or until his successor is appointed and 
qualified. Or the selectmen of two or more towns may 
unitedly, subject to the approval of the Massachusetts high- 
way commission, appoint, and fix the compensation of, a 
superintendent of streets who shall exercise the same powers 
and duties and be otherwise subject to the same provisions 
of law as if solely appointed in any of such towns. His 
compensation shall be paid by said towns in such propor- 
tions as the selectmen may unitedly determine. 

Approved February 28, 1917. 

An Act relative to the suspension of club licenses. Qfidy 35 
Be it enacted, etc., as follows: 

Section eighty-eight of chapter one hundred of the Revised ^n^nd^^' ^ ^^' 
Laws is hereby amended by inserting after the word "be", 
in the twenty-first line, the words : — suspended or, — so as 
to read as follows : — Section 88. All buildings or places ciub houses 
used by clubs for the purpose of selling, distributing or ^uLstncSr'"' 
dispensing intoxicating liquors to their members or others '"^^'^^ 
shall be deemed common nuisances; and whoever keeps or 
maintains, or assists in keeping or maintaining, such a 
common nuisance, shall be punished by a fine of not less 
than fifty nor more than one hundred dollars and by im- 
prisonment for not less than three nor more than twelve 
months; but in any city or town in which the inhabitants 
vote that licenses shall be granted, the licensing board may, 
upon application therefor, and the payment to the treasurer 



36 



General Acts, 1917. — Chap. 36. 



Suspension, 
etc. , of club 
license. 



of such city or town of such a fee as said board may de- 
termine, of not less than fifty nor more than five hundred 
dollars, grant to any club which they may consider a proper 
organization and not injurious to the welfare, good order and 
morality of the community, and which has not organized 
for the apparent purpose of engaging in or giving employ- 
ment to any of its members by engaging in the business of 
selling, distributing or dispensing intoxicating liquors to its 
members or others, a club license authorizing the distributing 
and dispensing of intoxicating liquors by said club, on the 
premises occupied by it and to be specified and described in 
said license, to its members ; which license may be suspended 
or revoked at any time. The provisions of sections fifteen, 
thirty-four and forty-two shall not apply to such licenses. 

Approved February 28, 1917. 



R. L. 100, § 34, 
etc., amended. 



Chap. 36 An Act relative to the violation of laws regulating 

THE USE OF ENTRANCES AND SCREENS ON LICENSED 
PREMISES. 

Be it enacted, etc., as follows: 

Section thirty-four of chapter one hundred of the Revised 
Laws as amended by section one of chapter three hundred 
and seventy-four of the acts of the year nineteen hundred 
and six is hereby further amended by striking out the words 
"In such case, the construction or opening of any such 
entrance shall of itself make the license void", in the sixth 
and seventh lines, by striking out the words " and the placing 
or maintaining of any of said obstructions shall of itself 
make the license void", in the seventeenth, eighteenth and 
nineteenth lines, and by adding at the end thereof the 
words: — Licensing authorities of cities and towns may sus- 
pend or revoke licenses for any violation of this section, — 
so as to read as follows : — Section 34- The board which 
grants the license may require a licensee to close permanently 
all entrances to the licensed premises except those from 
the public street or streets upon which said premises are 
situated, and may so specify in the license. A licensee holding 
a license of the first three classes shall not place or maintain 
or permit to be placed or maintained, in any public room 
used by him for the sale of spirituous or intoxicating liquors 
under the provisions of his license, any screen, blind, shutter, 
curtain, partition, or painted, ground or stained glass window, 



Entrances and 
screens on 
licensed 
premises 
regulated. 



General Acts, 1917. — Chaps. 37, 38. 37 

or any other obstruction, nor expose in any window of said 
room any bottle, cask or other vessel containing, or purporting 
to contain, intoxicating liquor, in such a way as to interfere 
with a view of the business conducted on the premises, 
except that the board at its discretion may, upon application 
of a licensed innholder who also holds a license to sell in- 
toxicating liquors, permit screens, curtains, or such other 
obstructions as it may designate to be placed at the windows 
of the dining rooms of the hotel maintained by said inn- 
holder, and said board shall have the power to revoke such 
privilege. Licensing authorities of cities and towns may Penalty. 
suspend or revoke licenses for any violation of this section. 

Approved February 28, 1917. 

An Act relative to infants as parties to life (jfidp^ 37 

INSURANCE CONTRACTS. 

Be it enacted, etc., as follows: 

No party to any contract of life insurance hereafter effected ^a[tres%o^ife 
upon the life of such party, for the benefit of the assured, or insurance 
for the benefit of the wife, husband, children, father, mother, 
brother or sister of the assured, shall, because of infancy, be 
entitled to avoid or repudiate the contract, or to avoid or 
repudiate any discharge or receipt given by him for any 
benefit accrued or accruing, or for any money paid or payable 
under the contract: provided, that such party had attained proviso. 
the age of fifteen years when the contract was effected. 

Approved February 28, 1917. 



An Act fixing the times and place for holding (7/^^r), 38 

PROBATE COURT IN THE COUNTY OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section sixty of R^^.^^i^f|2, § eo, 
chapter one hundred and sixty-two of the Revised Laws is 
hereby amended by striking out the same and inserting in 
place thereof the following: — For the county of Barnstable, Times and 
at Barnstable, on the second and fourth Tuesday of Janu- holding probate 
ary, February, March, April, May, June, September, October, Bamltabie 
November and December, and on the second Tuesday of county. 
July and August. 

Section 2. This act shall take effect on the first day of J^^ng°effect. 
June in the current year. Approved February 28, 1917. 



38 



General Acts, 1917. — Chap. 39. 



1916, 154 (G), 
§ 2, amended. 



Range boilers 
must be 
stamped with 
maker's 
guarantee 
of teat. 



Chap. 39 An Act relative to the marking, sale and installa- 
tion OF range boilers. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
fifty-four of the General Acts of the year nineteen hundred 
and sixteen is hereby amended by inserting after the word 
"hydraulic", in the sixth line, the words: — or hydrostatic, 
— and by inserting after the word "inch", in the seventh 
line, the words: — together with the maximum working 
pressure at which it may be installed, — so as to read as 
follows: — Section 2. No copper, iron or steel pressure 
range boiler, whether plain or galvanized, or other vessel or 
tank in which water is to be heated under pressure, shall be 
sold or 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 or 
hydrostatic pressure to the square inch, together with the 
maximum working pressure at which it may be installed. 
And no such boiler, or other vessel or tank in which water 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 2. Section three of said chapter one hundred 
and fifty-four is hereby amended by adding at the end 
thereof the words : — The inspectors of plumbing within 
their respective cities and towns shall cause the provisions 
of this act to be enforced, — so as to read as follows: — 
Section 3. Any person who sells or offers or exposes for sale 
any range boiler which is not marked or stamped as pro- 
vided 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. 
The inspectors of plumbing within their respective cities 
and towns shall cause the provisions of this act to be en- 
forced. 

Section 3. This act shall take effect on the first day of 
July, nineteen hundred and seventeen. 

Approved March 1, 1917. 



1916, 154 (G). 
§ 3, amended. 



Penalty. 



Enforcement. 



Time of taking 
effect. 



General Acts, 1917. — Chaps. 40, 41. 39 



An Act to provide for the protection of birds on the qJkij) 4Q 
island of muskeget. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to bring Live cats 
or cause to be brought to the island of Muskeget, a live cat, fa^nd of 
or to have a live cat in possession or at large on said island, ^"^''^set. 

Section 2. Any violation of this act shall be punished Penalty. 
by a fine not exceeding fifty dollars for the first offence, or 
one hundred dollars for each subsequent offence. 

A-pijroved March 1, 1917. 



An Act relative to emergency tools and appliances (J^iaj) 41 
ON railroad trains and cars. 

Be it enacted, etc., as follows: 

Section one hundred and sixty-eight of Part II of chapter looe. 463 (id, 
four hundred and sixty-three of the acts of the year nine- ^^^' '*'"''" 
teen hundred and six is hereby amended by striking out the 
words "board of railroad Commissioners", in the thirteenth 
line, and inserting in place thereof the words : — public serv- 
ice commission,^ — ^and by inserting after the word "car", 
in the fifteenth line, the words :^ — promded, however, that 
said commission may require trains or cars to be equipped 
with other tools in substitution for, or in addition to, those 
above prescribed, — so as to read as follows: — iSedioii Railroad trains 
168. Every railroad corporation shall equip each of its equipped^with 
trains, for use in case of accident, with two car replacers, a^dlppiT ^"^'^ 
two jack screws, two crow bars, one pinch bar, one claw 
bar, one spike hammer, two sharp axes, and ropes or chains 
suitable for hauling cars; and shall also equip each car of 
every passenger train which is owned or regularly used by it, 
including mail and baggage cars, with two sets of tools, con- 
sisting of an axe, a sledge hammer, a crow bar, handsaw and 
pail, which shall be maintained in good condition, and one 
set of which shall be kept upon the inside and the other 
upon the outside of every such car, in a convenient place 
and in a manner approved by the public service commission; 
but one set shall be sufficient if so placed as to be accessible 
both from the inside and outside of such car: promded, P^oviao. 
however, that said commission may require trains or cars to 



liances. 



40 



General Acts, 1917. — Chaps. 42, 43. 



be equipped with other tools in substitution for, or in addition 
Penalty. to, those abovc prescribed. A corporation which violates 

the provisions of this section shall forfeit five hundred 
dollars. AiJproved March 1, 1917. 



Chap. 42 An Act relative to the expiration of the commis- 
sions OF NOTARIES PUBLIC, JUSTICES OF THE PEACE AND 
SPECIAL COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. A notary public, justice of the peace or 
special commissioner when taking acknowledgment of any 
instrument provided by law to be recorded shall affix thereto 
the date of the expiration of his or her commission in the 
following language "My commission expires ." 

Section 2. The provisions of this act shall not affect the 
validity of any deed or instrument or the record thereof. 

Section 3. Section eight of chapter five of the Revised 
Laws is hereby amended by inserting after the word "by", 
in the first line, the word : — registered, — so as to read as 
follows : — Section 8. He shall send by registered mail to 
every justice of the peace, special commissioner or notary 
public a notice of the time of the expiration of his or her 
commission, not more than thirty nor less than fourteen 
days before such expiration. 

Section 4, This act shall take effect on the first day of 
January in the year nineteen hundred and eighteen. 

Approved March 1, 1917. 



Expiration of 
commissions of 
certain officers. 



Not to affect 
validity of 
any deed, etc. 



R, L. 5, § ! 
amended. 



Secretary of 
commonwealth 
to send regis- 
tered mail 
notices of 
expirations. 



Time of 
taking effect. 



Chap. 43 An Act to authorize the governor to increase tempo- 
rarily THE force of the DISTRICT POLICE. 

Be it enacted, etc., as follows: 

Section 1. In order to provide more effectively for the 
protection of persons and property and for the maintenance 
of law and order within the commonwealth, the governor 
is hereby authorized to appoint special police officers in 
the department of the district police of the commonwealth 
from time to time to a number not exceeding three hundred, 
whose appointment shall be temporary and shall not be 
subject to the provisions of the civil service laws. The said 
officers shall be appointed for a period of two months, and 
may be reappointed for successive periods of two months, 



Governor may 
increase 
temporarily 
force of the 
district police. 



General Acts, 1917. — Chap. 44. 41 

but not extending beyond the period of a year from the 
date of the passage of this act. 

Section 2. The compensation of officers appointed here- Compensation. 
under shall be three dollars and fifty cents per day, and they 
shall be allowed their necessary travelling expenses incurred 
in the performance of their duties as approved by the chief 
of the district police. 

Section 3. Officers appointed hereunder shall have all ^°''^"- 
the powers of the district police as prescribed in the statutes 
of the commonwealth. No officer appointed hereunder shall 
be required to give bond for the faithful performance of his 
duties. The chief of the district police may make such rules 
and regulations for the discipline, organization, govern- 
ment and equipment of the officers appointed hereunder as 
he may deem necessary or proper, including the authority 
to bear arms. 

Section 4. The sum of sixty-five thousand dollars is Appropriation, 
hereby appropriated to be paid out of the treasury of the 
commonwealth from the ordinary revenue for expenses au- 
thorized to be incurred under this act. 

Section 5. This act shall take effect upon its passage. 

Approved March 2, 1917. 

An Act relative to the appointment of assistant rfidy aa 

clerks of courts for the county of HAMPDEN, AND 
TO AUTHORIZE THE APPOINTMENT OF AN ADDITIONAL 
CLERK. 

Be it enacted, etc., as folloivs: 

Section 1. The justices of the supreme judicial court, Appointment 
or a majority of them, may appoint a second assistant clerk assistant clerk 
of courts for the county of Hampden for a term of three Hampden"*^ 
years from the date of his appointment, and may remove <=o"'^*y- 
him. He shall be subject to the provisions of law applicable 
to assistant clerks of courts, and shall receive an annual 
salary of eighteen hundred dollars, to be paid by said county. 

Section 2. Nothing in this act shall be construed to Not to apply 
affect the right of the clerk of courts for said county to derk^'^**"^* 
appoint an assistant clerk under the provisions of section 
seven of chapter one hundred and sixty-five of the Revised 
Laws and chapter two hundred and thirty-four of the acts 
of the year nineteen hundred and seven. 

Section 3. Section four of chapter one hundred and |^n,]nded' ^ *' 
sixty-five of the Revised Laws is hereby amended by striking 



42 



General Acts, 1917. — Chap. 45. 



Woman 
ineligible i 
assistant. 



out at the end thereof the words " The assistant clerk for the 
county of Hampden may be a woman". 

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

{The foregoing was laid before the governor on the twenty- 
eighth day of February, 1917, and after Jive 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.) 



R. L. 125, 
amended. 



Charitable and 
certain other 
corporations 
may hold real 
and personal 
estate, etc. 



Chap. 45 An Act relative to the limitation of property owned 

BY CHARITABLE AND OTHER CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter one hundred and 
twenty-five of the Revised Laws is hereby amended by 
striking out the words "one million five hundred thousand", 
in the fourth and fifth lines, and inserting in place thereof 
the words: — two million, — so as to read as follows: — 
Section 8. Any corporation organized under general or 
special laws for any of the purposes mentioned in section two 
and under sections thirteen to sixteen, inclusive, may hold 
real and personal estate to an amount not exceeding two 
million dollars, which shall be devoted to the purposes set 
forth in its charter or agreement of association, and it may 
receive and hold, in trust or otherwise, funds received by 
gift or bequest to be devoted by it to such purposes. 

Section 2. Section one of chapter two hundred and 
nine of the General Acts of the year nineteen hundred and 
fifteen is hereby amended by striking out the words "one 
million five hundred thousand ", in the eighth line, and 
inserting in place thereof the words: — two million, — so as 
to read as follows: — Section 1. Every corporation hereto- 
fore organized by special act of the legislature for a purpose 
or purposes for which corporations may be organized under 
the provisions of chapter one hundred and twenty-five of the 
Revised Laws, and acts in amendment thereof or in addition 
thereto, may, despite any provisions contained in its charter, 
acquire and hold real and personal estate to an amount not 
exceeding two million dollars, in accordance with section 
eight of said chapter one hundred and twenty-five. 

Section 3. Nothing herein contained shall be construed 
to limit the amount of property that may be held by any 
corporation under the authority of a special act of incor- 



1915, 209 (G), 
§ 1, amended. 



Limitation of 
property owned 
by certain 
corporations. 



Not to apply 
to corporations 
holding prop- 
erty under 
special act 



General Acts, 1917. — Chap. 46. 43 

poration or of any special law, whereby it is permitted to 
hold an amount exceeding two million dollars. 
Section 4. This act shall take effect upon its passage. 

A^liroved March S, 1917. 



An Act relative to the commitment of persons under QJi^r) 46 

INDICTMENT TO STATE INSANE HOSPITALS AND TO THE 
REMOVAL OP INSANE PRISONERS. 

Be it enacted, etc., as folloivs: 

Section 1. Section one hundred and three of chapter 1909, 504, § 103, 
five hundred and four of the acts of the year nineteen hun- '*'"*'''^''''- 
dred and nine is hereby amended by striking out the last 
sentence and inserting in place thereof the following:- — If 
a prisoner so removed is, in the opinion of the trustees 
and superintendent, restored to sanity, they shall so certify 
upon the commitment, and notice, accompanied by a written 
statement regarding the mental condition of the prisoner, 
shall be given to the keeper of the jail or the person having 
custody of him at the time of the removal, who shall there- 
upon cause the prisoner to be reconveyed to the jail or 
custody from which he was removed, where he shall be held 
in accordance with the terms or process by which he was 
originally committed or confined, — so as to read as fol- 
lows: — Section 103. If a person under complaint or in- commitment 
dictment for any crime, is, at the time appointed for trial °,nderTndict- 
or sentence, or at any time prior thereto, found by the court J^g"ne° ^''**® 
to be insane or in such mental condition that his commit- iiosp'tais. 
ment to a hospital for the insane is necessary for the proper 
care or observation of such person pending the determination 
of his insanity, the court may commit him to a state hospital 
for the insane under such limitations as it may order. The 
coiu-t may in its discretion employ one or more experts in 
insanity, or other physicians qualified as provided in section 
thirty-two, to examine the defendant, and all reasonable 
expenses incurred shall be audited and paid as in the case 
of other court expenses. A copy of the complaint or in- 
dictment and of the medical certificates attested by the 
clerk shall be delivered with such person in accordance with 
the provisions of the said section. If a prisoner so removed 
is, in the opinion of the trustees and superintendent, restored 
to sanity, they shall so certify upon the commitment, and 
notice, accompanied by a written statement regarding the 



44 



General Acts, 1917. — Chap. 46. 



1909. 504, § lOG, 
etc., amended. 



mental condition of the prisoner, shall be given to the keeper 
of the jail or the person having custody of him at the time 
of the removal, who shall thereupon cause the prisoner to 
be reconveyed to the jail or custody from which he was 
removed, where he shall be held in accordance with the terms 
or process by which he was originally committed or con- 
fined. 

Section 2. Section one hundred and six of said chapter 
five hundred and four, as amended by section one of chapter 
one hundred and twenty-two of the acts of the year nineteen 
hundred and ten, is hereby further amended by striking out 
the last sentence and inserting in place thereof the follow- 
ing: — If a prisoner so removed is, in the opinion of the 
trustees and superintendent of the hospital, restored to 
sanity, they shall so certify upon the commitment, and 
notice, accompanied by a written statement regarding the 
mental condition of the prisoner, shall be given to the jailor, 
. master or superintendent of the jail, house of correction or 
prison, who shall thereupon cause the prisoner to be re- 
conveyed to the jail, house of correction or prison, there to 
remain pursuant to the original sentence, computing the 
time of his detention or confinement in the hospital as a 
part of the time of his imprisonment, — so as to read as 
Ss^^'^Hsoners follows: — Sectiou lOG . If a prisoner under sentence in a 
hou^MofVor- J'^ii^ house of correction, or prison other than those named 
rection, etc. jj, ^}^g preceding section, appears to be insane, the physician 
in attendance shall make a report thereof to the jailor or 
master who shall transmit the same to one of the judges 
mentioned in section twenty-nine. If the judge finds in 
accordance with the provisions of sections eleven, twenty- 
nine and thirty that the prisoner is insane and that his 
removal is expedient, he shall order the removal of such 
prisoner, if a male to the Bridgewater state hospital, if a 
female to one of the other state hospitals for the insane, 
pursuant to the provisions of said sections: provided, that 
if a male prisoner has not been criminal and vicious in his 
life the judge may order him removed to one of the other 
state hospitals for the insane. A physician, other than the 
physician in attendance at the place of detention, making 
the certificate, shall be entitled to the compensation pro- 
vided by section forty-eight. If a prisoner so removed is, 
in the opinion of the trustees and superintendent of the 
hospital, restored to sanity, they shall so certify upon the 
commitment, and notice, accompanied by a written state- 



Proviso. 



General Acts, 1917. — Chap. 47. 45 

ment regarding the mental condition of the prisoner, shall 
be given to the jailor, master or superintendent of the jail, 
house of correction or prison, who shall thereupon cause the 
prisoner to be reconveyed to the jail, house of correction 
or prison, there to remain pursuant to the original sentence, 
computing the time of his detention or confinement in the 
hospital as a part of the time of his imprisonment. 
Section 3. This act shall take effect upon its passage. 

Approved March 8, 1917. 



An Act relative to the sale and analysis of food nhnj. a'j 

STUFFS FOR LIVE STOCK AND POULTRY, ^' 

Be it enacted, etc., as foUoivs: 

Section 1. Section five of chapter five hundred and ^^;'^^'Jj § ^' 
twenty-seven of the acts of the year nineteen hundred and 
twelve is hereby amended by striking out the word "Septem- 
ber", in the fourth and eighth lines, and inserting in place 
thereof, in each instance, the word : — January, — so as to 
read as follows : — Sectimi 5. A certified copy of the tag Certified copy 
or label required by this act shall be filed with the director of for feeding ^ 
the Massachusetts agricultural experiment station, or his fiied,*e°tc'!'' 
authorized deputy, for registration prior to the first day of 
January in each year for every brand of commercial feeding 
stuff to be sold or offered, exposed or kept for sale or to be 
distributed in this commonwealth during the year beginning 
with said first day of January. The said director or his 
authorized deputy may thereafter permit a manufacturer, 
importer or other person to file a copy of the tag or label of 
a brand of feeding stuff, and may register the same for said 
year in accordance with the rules and regulations which 
may be prescribed by the said director. 

Section 2. Section six of said chapter five hundred and amended.^ ^' 
twenty-seven is hereby amended by striking out the word 
"August", in the eleventh line, and inserting in place thereof 
the word : — December, — so as to read as follows : — Section Tag or label 
6. When the certified copy of the tag or label of any brand '"^ ^^ --^sistered. 
of commercial feeding stuff has been filed as provided by 
this act, the director of the Massachusetts agricultural ex- 
periment station, or his authorized deputy, shall register 
such tag or label if he finds the same to be in accordance 
with the requirements of this act, and shall issue, or cause 
to be issued, a certificate of such registration, and the said 



46 General Acts, 1917. — Chap. 48. 

certificate shall be deemed to authorize the sale in this com- 
monwealth, in compliance with this act, of the brand of 
feeding stuff for which the certificate is issued, up to and 
including the thirty-first day of December of the year for 
which it is issued. 
Section 3. This act shall take effect upon its passage. 

Approved March 8, 1917. 



Chap. 48 An Act relative to temporary absence by permission 

FROM institutions UNDER THE SUPERVISION OF THE 
COMMISSION ON MENTAL DISEASES. 

Be it enacted, etc., as follows: 

etc^'amendld Section 1. Scctiou seventy-fivc of chapter five hundred 
and four of the acts of the year nineteen hundred and nine, 
as extended by chapter two himdred and thirty-nine of the 
General Acts of the year nineteen hundred and sixteen, is 
hereby amended by striking out the word "six", where 
it occurs in the fifth and nineteenth lines, and inserting in 
place thereof the word : — twelve, — so as to read as f ol- 
Jb^ncll^y lows: — Scctioii 75. The superintendent or manager of any 
from inltitu- hospital or receptacle described in section seven may permit 
tions under any iumatc thereof temporarily to leave such institution in 
commission on cliargc of his guardiau, relatives, friends, or by himself, for 
a period not exceeding twelve months, and may receive 
him when returned by any such guardian, relative, friend, 
or upon his own application, within such period, without 
any further order of commitment. The superintendent may 
require as a condition of such leave of absence, that the 
person in w^hose charge the patient is permitted to leave the 
institution shall make reports to him of the patient's con- 
dition. Any such superintendent, guardian, relative or 
friend may terminate such leave of absence at any time and 
authorize the arrest and return of the patient. The officers 
mentioned in section eighty-six shall cause such a patient 
to be arrested and returned upon the request of any such 
superintendent, guardian, relative or friend. Any patient 
who has not returned to the institution at the expiration of 
twelve months shall be deemed to be discharged therefrom. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1917. 



mental diseases. 



General Acts, 1917. — Chap. 49. 47 



An Act to provide for the annual election of (^/^^^j 49 
moderators in fire, water, light, watch or im- 
provement districts. 

Be it enacted, etc., as follows: 

Section 1. Any fire, water, light, watch or improvement i^'^^^ ^auTh or 
district which has so voted or hereafter so votes, may at improvement 
any annual election of district officers elect from the in- annually elect 
habitants thereof by ballot, a moderator to preside at all ™° orator. 
district meetings. His term of office shall begin as soon as 
he is qualified and shall continue until the next annual 
district meeting, and until his successor is elected and 
qualified. 

Any district which has elected a moderator for the term May be elected 
of one year shall thereafter elect a moderator at every of one year. 
annual election of district officers, unless at a meeting duly ^'^^^^^' ^^■ 
called for the purpose the district votes to discontinue the 
electing of moderators for said term. 

If a vacancy in the said office occurs during any term. Vacancy. 
it may be filled by the voters of the district at a meeting 
called for that purpose. If a moderator so elected is absent, 
a moderator pro tempore may be elected. 

In districts where official ballots are used, the vote to Election of 
elect a moderator for the term of one year shall be taken at one year in / 
a meeting held at least thirty days before the annual district pro^'edin&sV^*^' 
meeting at which the vote is to become operative, and at the 
first annual meeting after the district has so voted, a modera- 
tor shall be chosen in such manner as the meeting may de- 
termine, to serve at that meeting, and the moderator elected 
on the official ballot at that meeting shall act at subsequent 
district meetings until his successor is elected and qualified. 

At every district meeting until a moderator or moderator Who shall pre- 
pro tempore is elected, unless a duly qualified annual modera- moderator''i3 
tor is present, the clerk of the district shall preside, but in ^^*^*®'^- 
the absence of such clerk, the chairman of the prudential 
committee or body exercising similar powers, or the senior 
member present in point of continuous service, shall preside, 
but if no member of said committee or body is present, then 
the justice of the peace calling such meeting if the meeting 
is so called, shall preside. Such presiding officer shall have 
the powers and perform the duties of a moderator. 

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

Approved March 8, 1917, 



48 



General Acts, 1917. — Chaps. 50, 51. 



1911, 649, § 1, 
amended. 



Instruction of 
nurses, at- 
tendants, etc., 
in certain 
inatitutions. 



Chap. 50 An Act to provide for the instruction of nurses, 

ATTENDANTS AND PATIENTS IN CERTAIN STATE INSTITU- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and 
forty-nine of the acts of the year nineteen hundred and 
eleven is hereby amended by striking out the said section, 
and inserting in place thereof the following: — Section 1. 
The trustees of the state institutions under supervision of 
the commission on mental diseases shall cause to be given 
to the nurses, attendants and patients of said institutions 
instruction in such arts, crafts, manual training, kindergarten 
and other branches and lines of occupation as may be appro- 
priate for the patients of the said institutions to undertake, 
especially such patients as are physically unfit to perform 
the usual work in or about the institutions. 

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

Approved March 8, 1917. 

Chap. 51 An Act relative to the use of spark arresters on 

PORTABLE STEAM SA-^TMILLS, STEAM ROLLERS, STEAM 
SHOVELS AND STEAM TRACTORS. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person, firm or 
corporation, except when the ground is covered with snow, 
to operate in or adjacent to forest or grass lands, any portable 
steam sawmill, steam roller, steam shovel, or steam tractor, 
which burns wood, coke, coal, or other spark-producing ma- 
terial as fuel, unless the same is provided with a suitable 
spark arrester, approved by the state forester. 

Section 2. Authority is hereby given to the state for- 
ester or his duly authorized assistants to inspect all appli- 
ances described in section one, to determine whether they 
are provided with suitable spark arresters in accordance 
with the provisions hereof. 

Section 3. Any violation of the provisions of this act 
shall be punished by a fine of not less than fifty nor more 
than one hundred dollars. 

Section 4. This act shall not apply within the metro- 
politan district as defined in section one of chapter seven 
hundred and ninety-five of the acts of the year nineteen 
hundred and fourteen. Approved March 8, 1917. 



Portable steam 
sawmills, steam 
rollers, etc., to 
be provided 
with spark 
arrestera. 



State forester 
to make 
inspection. 



Penalty. 



Not to apply 
within the 
metropolitan 
district. 



General Acts, 1917. — Chaps. 52, 53. 49 



An Act relative to interest payments on loans by Chap. 52 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Chapter six hundred and twenty-three of the acts of the 1912. 623, § 22, 
year nineteen hundred and twelve is hereby amended by ^'"^'"^^^ 
striking out section twenty-two and inserting in place 
thereof the following: — Section 2'2. A borrowing share- interest pay- 
holder shall, in addition to the dues on his shares, pay inter- iTy c(^op"erati^e 
est, and the premium, if there be any, monthly on his loan, '^''°''^' 
at the determined rate, until his shares reach their matured 
value, or until the loan has been repaid. Interest may be 
computed from the date on which the money is advanced; 
and when the said matured value is reached, the shares 
shall be cancelled, the loan discharged, and the balance, if 
any, due upon the shares shall be paid to the member. 

Approved March 8, 1917. 

An Act relative to taking fish which frequent fresh (JJiav 53 

WATER. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty-two of ^c^amendid^' 
chapter ninety-one of the Revised Laws, as amended by 
chapter four hundred and ninety-two of the acts of the year 
nineteen hundred and eight, is hereby further amended by 
inserting after the word "alewives", in the sixth line, the 
words : — or pots for the taking of eels, — by striking out 
the word "that", in the eighth line, and inserting in place 
thereof the word : — those, — by inserting after the word 
"as", in the same line, the words: — eels and, — and by 
adding at the end thereof the words : — The possession by 
any person in or upon fresh waters or upon the banks of the 
same, except as allowed by this section, of any net, trap, 
trawl, or other device adapted for taking fish shall be prima 
facie evidence of a violation of this act, — so as to read as 
follows: — Section 132. Whoever takes any fish which at Taking fish 

p 1 S ^ , , .1 -ii 1 which frequent 

any season frequent iresh water, except as otherwise allowed fresh water 
in this chapter, in any other manner than by artificially or '^^"'^*^'^- 
naturally baited hook and hand line, shall forfeit not less 
than five nor more than fifty dollars ; but towns may permit 
the use of nets and seines for taking herring and alewives or 
pots for the taking of eels; and nothing in this act shall be 



50 



General Acts, 1917. — Chaps. 54, 55. 



Evidence of 
violation. 



Not to apply 
to certain 
ponds, etc. 



construed to prohibit the spearing of those species of fish 
commonly known as eels and "suckers". The possession 
by any person in or upon fresh waters or upon the banks 
of the same, except as allowed by this section, of any net, 
trap, trawl, or other device adapted for taking fish shall be 
prima facie evidence of a violation of this act. 

Section 2. This act shall not apply to ponds or waters 
already held under lease or which may hereafter be leased 
by the commonwealth or by the board of commissioners on 
fisheries and game. Approved March 8, 1917. 



Chap. 54 An Act kelative to the regulation of fish weirs. 



R. L. 91, § 116, 
etc., amended. 



Regulation of 
fish weirs. 



Be it enacted, etc., as follows: 

Section 1. Section one hundred and sixteen of chapter 
ninety-one of the Revised Laws, as amended by section one 
of chapter five hundred and twenty-three 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 116. The mayor and 
aldermen of a city and the selectmen of a town lying upon 
tide water, may, in writing, authorize any person to con- 
struct weirs, pound nets or fish traps in tide water within the 
limits of such city or town for a term not exceeding five 
years, but no authority or license so given shall be valid 
unless approved in writing by the commission on waterways 
and public lands. 

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

Approved March 10, 1917. 



R. L. 76, § 3, 
etc., amended. 



Chap. 55 An Act relative to the registration of physicians 

AND SURGEONS. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter seventy-six of the 
Revised Laws, as amended by chapter three hundred and 
forty-six of the acts of the year nineteen hundred and thirteen, 
and by section one of chapter two hundred and ninety-three 
of the General Acts of the year nineteen hundred and fifteen, 
is hereby further amended by inserting after the word 
"medicine", in the ninth line, the words: — which gives a 
full four years' course of instruction of not less than thirty- 
six weeks in each year, — by inserting after the word " pro- 
fession", in the twenty-fourth line, the words: — ; or after 



General Acts, 1917. — Chap. 55. 51 

hearing, may by unanimous vote revoke any certificate 
issued by it and cancel the registration of any physician, 
for a period not exceeding one year, who has been shown at 
such hearing to have been guilty of gross and confirmed use 
of alcohol in any of its forms while engaged in the practice 
of his profession, or of the use of narcotic drugs in any way 
other than for therapeutic purposes; or to have published, 
or caused to be published, or to have distributed or caused 
to be distributed, any literature contrary to the provisions of 
chapter three hundred and eighty-six of the acts of the 
year nineteen hundred and eight; or to have acted as principal 
or assistant in carrying on the practice of medicine by an 
unregistered person, or by any person who has been con- 
victed of the illegal practice of medicine, or by any registered 
physician whose license has been revoked either perma- 
nently or temporarily, or to have aided or abetted in any 
attempt to secure registration, either for himself or for 
another by fraud, or in connection with his practice, to have 
defrauded or attempted to defraud any person, — by striking 
out the word "unanimous", in the twenty-sixth line, and 
inserting in place thereof the word: — majority, — and by 
adding after the word "commonwealth", in the thirty-first 
line, the words: — No person, who at the time of the passage 
of this act, is a matriculant in a legally chartered medical 
school having the power to confer degrees in medicine, 
shall be required to take a full four years' course of instruction 
in a medical school which gives a course of not less than 
thirty-six weeks in each year, — so as to read as follows: — 
Section 3. Applications for registration shall be made upon Examination 
blanks to be furnished by the board, and shall be signed of physicians' 
and sworn to by the applicants. Applicants for registration '^^ surgeons. 
under this act, who shall furnish the board with satisfactory 
proof that they are twenty-one years of age or over, and of 
good moral character, and that they have received the degree 
of doctor of medicine, or its equivalent, from a legally 
chartered medical school having the power to confer degrees 
in medicine, which gives a full four years' course of instruction 
of not less than thirty-six weeks in each year, shall, upon the 
payment of a fee of twenty dollars, be examined, and if ^®®- 
found qualified by four or more members, shall be registered 
as qualified physicians, and shall be entitled to certificates 
in testimony thereof signed by the chairman and secretary. 
An applicant who fails to pass an examination satisfactory 
to the board, and is therefore refused registration, shall be 



52 



General Acts, 1917. — Chap. 55. 



Revocation of 
certificate, etc., 
reaaona for. 



Reissue of 
certificate of 
registration. 



R. L. 76, § 8, 
amended. 



entitled within one year after such refusal to a re-exami- 
nation at a meeting of the board called for the examination 
of applicants, without the payment of an additional fee ; but 
two such re-examinations shall exhaust his privilege under 
his original application. Said board, after hearing, may by 
unanimous vote revoke any certificate issued by it and 
cancel the registration of any physician who has been con- 
victed of a felony or of any crime in the practice of his pro- 
fession; or after hearing, may by unanimous vote revoke 
any certificate issued by it and cancel the registration of any 
physician, for a period not exceeding one year, who has 
been shown at such hearing to have been guilty of gross 
and confirmed use of alcohol in any of its forms while en- 
gaged in the practice of his profession, or of the use of narcotic 
drugs in any way other than for therapeutic purposes; or 
to have published, or caused to be published, or to have 
distributed or caused to be distributed, any literature con- 
trary to the provisions of chapter three hundred and eighty- 
six of the acts of the year nineteen hundred and eight; or to 
have acted as principal or assistant in carrying on the practice 
of medicine by an unregistered person, or by any person 
who has been convicted of the illegal practice of medicine, 
or by any registered physician whose license has been re- 
voked either permanently or temporarily, or to have aided 
or abetted in any attempt to secure registration, either for 
himself or for another by fraud, or in connection with his 
practice, to have defrauded or attempted to defraud any 
person. The board may subsequently, but not earlier than 
one year thereafter, by a majority vote, reissue any certificate 
formerly issued by it or issue a new certificate, and register 
anew any physician whose certificate was revoked and whose 
registration was cancelled by the board. All fees received 
by the board shall, once in each month, be paid by its secre- 
tary into the treasury of the commonwealth. No person, 
who at the time of the passage of this act, is a matriculant 
in a legally chartered medical school having the power to 
confer degrees in medicine, shall be required to take a full 
four years' course of instruction in a medical school which 
gives a course of not less than thirty-six weeks in each year. 
Section 2. Section eight of chapter seventy-six of the 
Revised Laws is hereby amended by inserting after the word 
"name", in the seventh line, the words: — or whoever 
practises or attempts to practise any fraud in connection 
with the filing of an application, or whoever files an applica- 



General Acts, 1917. — Chap. 55. 53 

tion under a false or assumed name, or under a name other 
than his own, or whoever personates or attempts to personate 
another applicant for registration, during an examination, — 
so as to read as follows: — Section 8. Whoever, not being Penalties. 
lawfully authorized to practice medicine within this com- 
monwealth and registered as aforesaid, holds himself out as 
a practitioner of medicine, or practices or attempts to practice 
medicine in any of its branches, or whoever practises med- 
icine or surgery under a false or assumed name, or under a 
name other than that by which he is registered, or whoever 
personates another practitioner of a like or difl'erent name, 
or whoever practises or attempts to practise any fraud in 
connection w'ith the filing of an application, or whoever files 
an application under a false or assumed name, or under a 
name other than his own, or whoever personates or attempts 
to personate another applicant for registration, during an 
examination, shall, for each offence, be punished by a fine 
of not less than one hundred nor more than five hundred 
dollars or by imprisonment for three months, or by both 
such fine and imprisonment. In a case in which a provision 
of this or the preceding section has been violated, the person 
who committed the violation shall not recover compensation 
for services rendered. 

Section 3. Chapter seventy-six of the Revised Laws is r. l. 7c, § 9, 
hereby amended by inserting after section nine the follow- '*'"^"'^^'^- 
ing new section, to be numbered nine A: — Section 9 A. No Registration 
person shall enter upon, or continue in, the practice of med- tl^wn'c'hfrk.'^ 
icine within this commonwealth until he shall have pre- 
sented his certificate of registration as a physician in this 
commonwealth, to the city or town clerk of the city or town 
where he has, or intends to have, an office or his usual place 
of business, and shall at the time of such presentation of 
said certificate, pay to the said city or town clerk a fee of 
twenty-five cents; and in a like manner, any physician Registration of 
residing in another state and legally qualified to practice phys'icianT' 
therein, whose general practice extends into the border cities 
or towns of this commonwealth, and who is exempt from 
registration in this commonwealth under the provisions of 
section nine of chapter seventy-six of the Revised Laws, 
shall present his certificate of registration from the state in 
which he is registered to the city or town clerk of the border 
cities or towns in this commonwealth to which his practice 
extends. Upon receipt of a fee of twenty-five cents from the Record to be 
owner of a certificate, as herein provided, it shall be the or town^derk. 



54 



General Acts, 1917. — Chap. 56. 



Public record. 



Penalties. 



duty of said city or town clerk to record the name of the 
owner of said certificate, together with the date of record, 
upon blanks approved by the board of registration in 
medicine, said blanks to be so arranged that a duplicate 
carbon copy shall be made at the time of the original record. 
The said city or town clerk shall keep the original record, 
which shall be open to inspection by the public, as a part of 
the records of his office, and shall, within twenty-four hours 
after making the same, forward the duplicate record to the 
office of the board of registration in medicine. Whoever 
practises or attempts to practise medicine in this common- 
wealth before submitting his certificate of registration to a 
city or town clerk as herein provided, or whoever submits 
to a city or town clerk a false or fraudulent certificate shall, 
for each offence, be punished by a fine of not less than five 
nor more than one hundred dollars; and any clerk of a city 
or town who refuses or neglects to comply with the provisions 
of this section shall, for each offence, be punished by a fine 
of not less than five nor more than ten dollars. 

Ajjproved March 10, 1917. 



Chap. 56 An Act kelative to building lines in cities and 

TOWNS. 



R. L. 48, § 103, 
etc., amended. 



Building lines 
in cities 
and towns. 



Be it enacted, etc., as follows: 

Section 1. Section one hundred and three of chapter 
forty-eight of the Revised Laws, as amended by section one 
of chapter five hundred and seventy-two of the acts of the 
year nineteen hundred and thirteen, is hereby further 
amended by adding at the end thereof the following: — A 
building line established under the provisions of this section 
may be discontinued in the manner provided for the dis- 
continuance of a highway or town way. Whoever sustains 
damages by the discontinuance of a building line shall 
have the same remedies therefor as for damages sustained 
by the discontinuance of a town way, — so as to read as 
follows: — Section 103. If the city council of a city or 
if a town accepts the provisions of this section or has accepted 
the corresponding provisions of earlier laws, a building 
line not more than forty feet distant from the exterior line 
of a highway or town way may be established in the manner 
provided for laying out ways, and thereafter no structures 
shall be erected or maintained between such building line 
and such way, except steps, windows, porticos and other 



General Acts, 1917. — Chap. 57. 55 

usual projections appurtenant to the front wall of a building, 
to the extent prescribed in the vote establishing such building 
line, and except that buildings or parts of buildings existing 
at the time of the establishment of the building line may be 
permitted to remain and to be maintained to such extent 
and under such conditions as may be prescribed in the vote 
establishing such building line. Whoever sustains damage Remedies for 
thereby shall have the same remedies therefor as for damages 
sustained by the laying out of a town way. A building line 
established under the provisions of this section may be dis- 
continued in the manner provided for the discontinuance of 
a highway or town way. Whoever sustains damages by the 
discontinuance of a building line shall have the same remedies 
therefor as for damages sustained by the discontinuance of a 
town way. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1917. 



An Act to provide for the reconstruction of Chap. 57 

FLOATING BRIDGE OVER GLENMERE POND IN THE CITY 
OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of ^moaS""" 
Essex, subiect to all general laws applicable thereto, are bndgeover 

1 , i'i IT 1 1-ni- Glenmere pond 

hereby authorized and directed to reconstruct the Jbloatmg in Lynn. 
bridge, so-called, over Glenmere pond, on the Salem and 
Boston turnpike in the city of Lynn. Upon the completion 
of the said reconstruction the said commissioners shall file 
in the office of the clerk of courts for the said county a de- 
tailed statement certified under their hands, of the actual 
costs of the said reconstruction including any land damages 
accruing therefrom, and the clerk shall forthwith transmit 
an attested copy thereof to the municipal council of the city 
of Lynn; and within thirty days after the filing of the said 
statement the said city shall pay into the treasury of the 
said county forty per cent of the sum so certified; and if 
the said city neglects or refuses to pay its proportion, the 
said commissioners shall, after due notice to the city, issue a 
warrant for its proportion with interest and costs, and the 
same shall be collected and paid into the treasury of the 
county in the same manner in which payments from de- 
linquent cities and towns in the matter of highways are 



56 



General Acts, 1917. — Chap. 57. 



County of 
Essex Floating 
Bridge Loan, 
Act of 1917. 



Payment 
of loan. 



Taking of 
lands, etc., 
record of. 



collected and applied in payment of the costs and expenses 
aforesaid. 

Section 2. The expense incurred under this act shall be 
paid in the first instance from the treasury of the county 
of Essex and for this purpose and for the purpose of paying 
the county's ultimate share of the expense, the county 
commissioners are hereby authorized to issue from time to 
time bonds or notes of the county to an amount not exceed- 
ing eighty-five thousand dollars. The bonds or notes shall 
bear on their face the words, County of Essex Floating 
Bridge Loan, Act of 1917; shall be payable by such annual 
payments, beginning not more than one year after the date 
thereof, as will extinguish each loan within ten years from 
its date; and the amount of the annual payment of any 
loan in any year shall not be less than the amount of the 
principal of the loan payable in any subsequent year. The 
said bonds or notes shall bear interest at a rate not exceeding 
four and one half per cent per annum, payable semi-annually, 
and shall be signed by the treasurer of the county and 
countersigned by a majority of the county commissioners. 
The county may sell the said securities at public or private 
sale, upon such terms and conditions as the county com- 
missioners may deem proper, but not for less than their 
par value, and the proceeds of the sale shall be used only 
for the purposes specified herein. 

Section 3. Said county commissioners at the time of 
authorizing said loan shall provide for the payment thereof 
in accordance with the provisions of section two of this act; 
and a sum sufficient to pay the interest as it accrues on the 
bonds or notes issued as aforesaid by the county, and to 
make such payments on the principal as may be required 
of the county under the provisions of this act, shall be levied 
annually thereafter as a part of the county tax of the county 
of Essex in the same manner as other county taxes, until 
the debt incurred by said loan or loans is extinguished. 

Section 4. The said county commissioners are hereby 
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 
shall file a plan of the same in said registry. They shall 



General Acts, 1917. — Chap. 57. 57 

estimate the damages to property, if any, sustained by any f^^'^^^^l^ 
person bj^ 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 fiUng of said statement, to recover his damages 
in the same manner as in the case of land taken for the 
laying out of highways, but in no event shall interest be re- 
covered against the county for more than four per cent per 
annum. 

Section 5. The city of Lynn, for the purpose of paying city of Lynn, 
its share of the cost of said reconstruction, as hereinbefore Loan, Act of 
provided, may incur indebtedness in excess of the statutory 
limit and issue bonds or notes therefor, not to exceed the 
total sum of thirty-five thousand dollars. The bonds or 
notes shall bear on their face the words, City of Lynn, 
Floating Bridge Loan, Act of 1917, shall be payable by 
such annual payments, beginning not more than one year 
after the date thereof as will extinguish each loan within ten 
years from its date; and the amount of the annual payment 
of any loan in any year shall not be less than the amount 
of the principal of the loan payable in any subsequent year. 
The said bonds or notes shall bear interest at a rate not 
exceeding four and one half per cent per annum, payable 
semi-annually, and they shall be signed by the treasurer 
of the city and countersigned by the mayor. The city may 
sell the said securities at public or private sale, upon such 
terms and conditions as it may deem proper, but not for 
less than their par value, and the proceeds of the sale shall 
be used only for the purposes specified herein. 

Section 6. The said city, at the time of authorizing said ou^a^^ 
loan, shall provide for the payment thereof in accordance 
with the provisions of section five of this act; and a sum 
sufficient to pay the interest as it accrues, and to make 
such payments on the principal as may be required of the 
city under the provisions of this act, shall annually there- 
after, without further vote, be assessed by the assessors of 
said city in the same manner as other taxes, until the debt 
incurred by said loan or loans is extinguished. 

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

Approved March 12, 1917. 



58 General Acts, 1917. — Chaps. 58, 59, 60. 



Chap. 58 An Act reiative to the eligibility of widows to re- 
ceive soldiers' relief. 

Be it enacted, etc., as follows: 
Certain^widows Section 1. The provisions of section eighteen of chapter 
soldiers' relief, scvcnty-nine of the Revised Laws, as amended by chapter 
one hundred and sixteen of the General Acts of the year 
nineteen hundred and sixteen, shall apply also to the widows 
of those persons who served in the army or navy or marine 
corps of the United States during the war with Spain or 
during the Philippine insurrection between April twenty- 
first in the year eighteen hundred and ninety-eight and 
July fourth in the year nineteen hundred and two. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1917. 



Chap. 59 An Act relative to membership in the constitu- 
tional convention of the year nineteen hundred 
and seventeen. 

Be it enacted, etc., as follows: 

^t'^onS-'" Section 1. The provision of section eleven of chapter 
tionai conven- eighteen of the Revised Laws which prohibits any person 
from receiving at the same time more than one salary from 
the commonwealth shall not apply to persons elected as 
members of the constitutional convention of the year nine- 
teen hundred and seventeen. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1017. 



Chap. 60 An Act to provide for printing the annual report of 

THE COMMISSION ON WATERWAYS AND PUBLIC LANDS. 

Be it enacted, etc., as folloivs: 
Annual report Section 1. There may be printed annually copies of 

of commiasion , ^ ^ i i i • i i 

on waterways the rcport of the commissiou on waterways and public lands 
lands. to a number not exceeding two thousand. 

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

Approved March 12, 1917. 



General Acts, 1917. — Chaps. 61, 62. 59 



An Act relative to the reimbursement of cities Chav. 61 

AND TOWNS maintaining AGRICULTURAL SCHOOLS OR 

furnishing agricultural instruction. 
Be it enacted, etc., as follows: 

Section 1. Clause two of section nine of chapter four 1911.471, §9, 
hundred and seventy-one of the acts of the year nineteen ^°'''" 
hundred and eleven is hereby amended by striking out all 
after the word "departments", in the sixth line, so that the 
paragraph will read as follows: — 2, Cities and towns cities and 
maintaining approved local or district independent agri- rei^"bur°ecffor 
cultural schools consisting only of agricultural departments ^ricuUuraf 
in high schools shall be reimbursed by the commonwealth, schools, etc. 
as provided in this act, only to the extent of two thirds of 
the salary paid to the instructors in such agricultural de- 
partments. 

Section 2. The treasurer of the commonwealth is hereby Amounts to 
authorized to pay to certain cities and towns maintaining ^^^^ 
such agricultural schools in the year nineteen hundred and 
sixteen the amounts by way of reimbursement certified as 
due to them by the board of education, in excess of the ten 
thousand dollars heretofore authorized by law, aggregating 
four hundred seven dollars and seventy cents. 

Approved March 12, 1917. 

An Act to require the addresses of grantees in Chav. 62 
deeds and a statement as to their being married or 
unmarried. 

Be it enacted, etc., as follows: 

Section 1. Every deed which is presented for record de^ds'^trmake 
shall contain or have indorsed upon it the full name, residence statement as 

^ to being 

and post office address of the grantee, and shall also state married, etc. 
whether the grantee is married or unmarried. If the state- 
ments required are not contained in the body of the deed 
but are indorsed upon it they shall be entered in the margin 
of the record. The provisions of this act shall not affect 
the validity of any deed, and registers of deeds may record 
any deed not in conformity with the requirements of this 
act. 

Section 2. This act shall take effect on the first day of ^^^ °l^^^^ 
January in the year nineteen hundred and eighteen. 

Approved March 12, 1917. 



60 



General Acts, 1917. — Chaps. 63, 64. 



1904, 409, § 1, 
etc., amended. 



State forester, 
appointment, 
expenses, etc. 



Chap. 63 An Act relative to the expenses of the department 

OF the state forester. 

Be it enacted, etc., as foUoios: 

Section one of chapter four hundred and nine of the acts 
of the year nineteen hundred and four, as amended by 
section one of chapter four hundred and seventy-three of the 
acts of the year nineteen hundred and seven and by section 
one of chapter two hundred and sixty-three of the acts of 
the year nineteen hundred and nine, is hereby further 
amended by adding at the end thereof the following: — The 
state forester shall be furnished with an office in the state 
house and may expend for the services of clerks, stenographers 
and other office assistants, for travelling expenses necessarily 
incurred in the discharge of his duties, for office supplies, 
and for incidental expenses, including the printing and 
binding of his annual report, such sums as the general court 
shall annually appropriate, — so as to read as follows: — 
Section 1. The governor, with the consent of the council, 
shall appoint an officer to be known as the state forester, 
and shall determine his salary. He shall be a trained forester 
who has had a technical education. He shall be ex officio a 
member of the state board of agriculture. He shall act for 
the commonwealth in suppressing the gypsy and brown 
tail moths as public nuisances. The governor may, with 
the consent of the council, remove the state forester at any 
time for such cause as he shall deem sufficient. In case of 
the death, removal or resignation of the state forester the 
governor shall forthwith appoint a successor. The state 
forester shall be furnished with an office in the state house 
and may expend for the services of clerks, stenographers 
and other office assistants, for travelling expenses necessarily 
incurred in the discharge of his duties, for office supplies, 
and for incidental expenses, including the printing and 
binding of his annual report, such sums as the general court 
shall annually appropriate. Approved March 12, 1917. 

Chap. 64 An Act to authorize the county commissioners of the 
county of franklin to acquire land for the erec- 
tion of a court house. 

Be it enacted, etc., as follows: 

County of Section 1. The county commissioners of the county of 

Franklin may i • i i • i i 

acquire land Frankliii are hereby authorized to take or acquire by purchase 



General Acts, 1917. — Chap. 64. 61 

or otherwise, land in Greenfield for the erection of a new for the erection 

court house. Within sixty days after taking any land here- house. 

under they shall file and cause to be recorded in the registry 

of deeds for said county a description of the land sufficiently 

accurate for identification, with a statement of the purpose 

for which the same was taken, signed by them. Upon such 

filing title to the land so taken shall vest in said county in 

fee. The county shall pay all damages sustained by any Damages. 

person by reason of the taking of land as aforesaid; and 

the damages shall be determined in the manner provided 

by law for determining damages in the case of land taken 

for the laying out of highways. 

Section 2. In order to meet the expense incurred under May issue 
the provisions of this act, the county commissioners may 
borrow from time to time upon the credit of the county a 
sum not exceeding twenty-five thousand dollars, and may 
issue bonds or notes of the county therefor which shall be 
payable in such annual payments, beginning not more than 
one year after the date thereof, as will extinguish each loan 
within twenty years from its date, and the amount of such 
annual payment 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 consti- 
tute a separate loan. The said bonds or' notes shall bear 
interest at a rate not exceeding five per cent per annum, 
payable semi-annually, and shall be signed by the treasurer 
of the county and countersigned by a majority of the county 
commissioners. The county may sell the said securities at 
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 purposes herein 
specified. 

Section 3. The county commissioners, at the time of f^J^^^^°^ 
authorizing said loan, shall provide for the payment thereof 
in accordance with section two of this act, and a sum sufficient 
to pay the interest as it accrues on the bonds or notes issued 
as aforesaid, and to make such payments on the principal 
as may be required under the provisions of this act, shall be 
levied as a part of the county tax of the county of Franklin 
annually thereafter in the same manner as other county 
taxes, until the debt incurred by said loan or loans is ex- 
tinguished. 

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

Approved March 13, 1917. 



62 



General Acts, 1917. — Chaps. 65, 66, 67. 



Chap. 65 An Act directing the metropolitan park commission 

TO COMPILE THE LAWS RELATING TO THE COMMISSION. 

Be it enacted, etc., as follows: 

S°c^m^- Section 1. The metropolitan park commission is hereby 
fiw" reiatingto <lirected to compile and print, for public distribution, the 
acts and resolves relating to the commission, and for the 
purpose of printing and binding the same may expend a 
sum not exceeding five hundred dollars, to be paid out of 
the Metropolitan Parks Maintenance Fund. 
Section 2. This act shall take effect upon its passage. 

Approved March 13, 1917. 



commission. 



signatures. 



Chap. 66 An Act relative to the use of facsimile signatures 

BY clerks and assistant CLERKS OF POLICE, DISTRICT 
AND MUNICIPAL COURTS. 

Be it enacted, etc., as follows: 

poUce!'distnd! Section 1. Clcrks and assistant clerks of police, district, 
courfsmay'Se ^^^ muuicipal courts may sign criminal process issued by 
facsimile tlic Said courts, and court records, documents or other legal 

papers or copies thereof relating to criminal cases made or 
issued by such clerks or assistant clerks in conformity with 
law, except search warrants and process authorizing arrests 
or commitments, by imprinting thereon a facsimile of the 
signature of the clerk or assistant clerk; and such facsimile 
signatures shall have the same validity as their written 
signatures. 
Section 2. This act shall take effect upon its passage. 

Approved March 13, 1917. 



Chap. 67 An Act to accept the provisions of an act of congress 
providing that the united states shall aid the 
states in the construction of rural post roads. 

Be it e7iacted, etc., as follows: 

Section 1. The legislative assent required by section one 
of the act of congress approved on the eleventh day of 
July, nineteen hundred and sixteen, entitled "An Act to 
provide that the United States shall aid the States in the 
construction of rural post roads, and for other purposes", 
as a condition of the participation by this commonwealth in 
the benefits thereof, is hereby given. 



Assent to 
provisions of 
act of congress 
providing that 
United States 
shall aid the 
states in con- 
struction of 
rural post 
roads. 



General Acts, 1917. — Chap. 68. 63 

Section 2. The Massachusetts highway commission is Highway com- 
hereby authorized to make all contracts and agreements, and make°coIftracts, 
to do all other things necessary to co-operate with the ^*''" 
United States government in the construction and mainte- 
nance of rural highways, under the provisions of the act of 
congress aforesaid, and to submit such plans, estimates, 
and programs for the improvement of highways as will 
meet the requirements of the secretary of agriculture under 
the provisions of the said act, and for this purpose it is hereby 
authorized to use any moneys which it may have available 
for the construction and maintenance of state highways, 
whether appropriated from the treasury of the common- 
wealth, or placed at the disposal of the commission by the 
provisions of section thirty of chapter five hundred and 
thirty-four of the acts of the year nineteen hundred and 
nine, and the amendments thereof. 

Approved March 13, 1917. 



An Act to authorize the county of Plymouth to re- fjhnrf 68 

BUILD union bridge OVER NORTH RIVER BETWEEN THE 
TOWNS OF MARSHFIELD AND NORWELL. 

Be it enacted, etc., as folloivs: 
Section 1. The county commissioners of the countv of County of 

-rji ii« !•• PI • •"<! "lymouth may 

rlymouth, subject to the provisions or chapter ninety-six of rebuild Union 
the Revised Laws and amendments thereof and additions MarfhfieldTnd 
thereto, and of all other laws which may be applicable, are ^°'^^®"- 
hereby authorized and directed within one year after the 
passage of this act, to reconstruct Union bridge, so-called, 
over North river, between the towns of Marshfield and 
Norwell. The bridge as reconstructed shall have suitable 
permanent approaches, and the span at either side of the 
draw shall be of permanent construction. The draw 
shall be thirty-five feet wide in the clear, and the lift shall 
be of such type and construction that it may be operated 
by hand power in an expeditious manner. The whole work 
shall be done subject to the approval of the commission on 
waterways and public lands, and in accordance with the 
plans on file in the office of said commission. 

Section 2. The expense incurred under this act shall Ss!^^"^ 
not exceed the sum of thirty thousand dollars, and said 
county commissioners are hereby authorized to borrow on 
the credit of the county, and to issue notes of the county 



64 



General Acts, 1917. — Chap. 68. 



Payment of 
notes, etc. 



Statement of 
cost, etc., to be 
filed. 



Assessment of 
cost. 



therefor, such sums, not exceeding said amount as may 
from time to time be required for the cost and expense afore- 
said. Such notes shall be payable by such annual payments 
beginning not more than one yesiT after the date thereof, as 
will extinguish each loan within thirty years from its date. 
The amount of such annual payment 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. All amounts 
so borrowed shall be deposited in the county treasury, and 
the treasurer of the county shall pay out of the same such 
sums as are authorized by the county commissioners, and 
shall keep a separate and accurate account of all moneys 
borrowed and expended under the provisions of this act, 
including interest. 

Sfx'tion 3. The county commissioners shall, upon the 
completion of the work, determine the total cost, including 
interest, file a detailed statement of the same in the office 
of the clerk of courts for the said county, and apportion 
the amount equally among the county of Plymouth, the 
town of Marshfield and the town of Norwell, and assess 
upon said towns in five equal annual instalments the amounts 
to them so apportioned, including interest; and said towns 
shall pay the same, respectively, into the treasury of the 
county within sixty days thereafter; and if either of said 
towns refuses or neglects to pay its proportion as aforesaid, 
the commissioners shall, after notice to the delinquent town, 
issue a warrant against such delinquent town for its pro- 
portion with interest and costs of the notice and warrant, 
and the same shall be collected and paid into the treasury 
of the county, and shall be applied in payment of the ex- 
penses aforesaid. 

Section 4. The cost of maintenance and operation of 
the bridge shall be borne equally by the towns of Norwell 
and Marshfield, and the date of the first assessment made 
upon said towns shall be the date upon which the custody 
of said bridge shall vest in the selectmen of said towns. 

Section 5. This act shall take effect upon its passage. 

(The foregoing teas laid before the governor on the seventh 
day of March, 1917, and after five days it had "the force of a 
law", as prescribed by the constitution, as it ivas not returned 
by him with his objections thereto within that time.) 



General Acts, 1917. — Chap. 69. 65 



An Act relative to the commitment of dipsomaniacs Qhav. 69 

AND OTHERS. 

Be it enacted, etc., as follows: 

Section 1. Section fifty of cliapter five hundred and etc^'amended 
four of the acts of the year nineteen liundred and nine, as 
amended by chapter five hundred and fifty-eiglit of the acts 
of the year nineteen hundred and fourteen, and by chapter 
seventy-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 fol- 
lowing: — Section 50. Any of the judges named in section Commitment 
twenty-nine, and the justices of the municipal court of manilc", etc. 
the city of Boston, may commit to the Norfolk state hospital, 
the McLean hospital, or to a private licensed hospital or 
house, any male, or to any hospital or licensed receptacle 
for the insane, public or private, except the Norfolk state 
hospital, any female, who is subject to dipsomania or in- 
ebriety either in public or private, or who is so addicted to 
the intemperate use of narcotics or stimulants as to have 
lost the power of self-control; but no such commitment 
shall be made until satisfactory evidence is presented to the 
judge by whom the proceedings are heard that such person 
is not of bad repute or of bad character apart from such 
habits of intemperance. The magistrate who receives the Examination 
application for such commitment shall examine on oath ""^ °''*'»' ^*<'- 
the applicant and all other witnesses, shall reduce the ap- 
plication to writing and cause it to be subscribed and sworn 
to by the applicant. He shall cause a summons and copy 
of the application to be served upon such person in the 
manner provided by section twenty-five of chapter two 
hundred and seventeen of the Revised Laws. Such person Hearing to be 
shall be entitled to a hearing, unless after receiving said waived''^ 
summons he shall in writing waive a hearing; and in that 
case the magistrate may issue an order for his immediate 
commitment as aforesaid, without a hearing, if he is of 
opinion that such person is a proper subject for treatment 
and custody in the hospital or other place to which he is 
committed. The commitment may be made forthwith, if 
the examining physician certifies the case to be one of emer- 
gency. A person committed as aforesaid may be detained 
for two years from the date of his commitment, and no 
longer. 

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

Approved March 14, 1917. 



66 



General Acts, 1917. — Chaps. 70, 71. 



1902, 213, § 2, 
etc., amended. 



Chap. 70 An Act relative to the acquisition of settlement 

BY PERSONS receiving PUBLIC AID BECAUSE AFFLICTED 
WITH SMALLPOX AND OTHER DANGEROUS DISEASES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
thirteen of the acts of the year nineteen hundred and two, 
as amended by section two of chapter three hundred and 
eighty-six of the acts of the year nineteen hundred and 
seven, is hereby further amended by adding at the end 
thereof the following: — No person shall acquire a settle- 
ment or be in process of acquiring a settlement while re- 
ceiving aid hereunder, nor shall any person be held to have 
acquired, or to have been in the process of acquiring, a 
settlement while receiving such aid, — so as to read as fol- 
lows : — Section 2. No person for whose care and main- 
tenance a city or town or the commonwealth has incurred 



afflicted with 
smallpox, etc. 



Acquisition of 

settlement by 

persons 

receiving public . -. j, l . i» !• i .1 

aid because cxpeusc lu conscqueucc 01 smallpox, scarlet lever, diphthe- 
ria, tuberculosis, dog bite requiring anti-rabic treatment, 
or other disease dangerous to the public health shall be 
deemed to be a pauper by reason of such expenditure. No 
person shall acquire a settlement or be in process of acquir- 
ing a settlement while receiving aid hereunder, nor shall 
any person be held to have acquired, or to have been in the 
process of acquiring, a settlement while receiving such aid. 
Section 2. This act shall take effect upon its passage. 

Approved March I4, 1917. 



Chap. 71 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. Section one of chapter thirty-nine of the 
General Acts of the year nineteen hundred and sixteen is 
hereby amended by inserting after the word "the", in the 
third line, the words: — supreme judicial court or the, ^ — ■ 
so as to read 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 supreme 
judicial court or the superior court in said county. 

Section 2. This act shall take effect upon its accept- 
ance by the mayor and city council of the city of Bo.ston. 

Ajiproved March I4, 1917. 

Accepted June 26, 1917. 



1910,39 (G),§1, 
amended. 



Payment of 
premiums on 
bonds of Suf- 
folk county 
court officers. 



To be submit- 
ted to city 
council, etc. 



General Acts, 1917. — Chaps. 72, 73. 67 



An Act relative to the furnishing of lockers for (jfj^g^^ 72 

CERTAIN EMPLOYEES OF HOTELS. ^ " 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and fifteen of the 1916, 115 (o, 
General Acts of the year nineteen hundred and sixteen '' ^""^^ ^ ' 
is hereby amended by inserting after the word "estabhsh- 
ment", in the first and second fines, the words: — or 
hotel, — so as to read as follows : — Section 1 . In any Furnishing 
mercantile or manufacturing establishment or hotel in for "certain 
which the nature of the work renders it necessary for any orhoteisr 
or all employees, before beginning work, to make a sub- 
stantially complete change of clothing, exclusive of under- 
clothing, separate lockers, closets or other receptacles, each 
with a lock and key, shall be provided for the use of such 
employees. Approved March I4, 1917. 

An Act relative to the protection of ducks, geese, njidj) 73 

BRANT AND SWANS IN THE COUNTIES OF BARNSTABLE, 
BRISTOL, DUKES AND NANTUCKET. 

Be it enacted, etc., as follows: 

Section 1. In the counties of Barnstable, Bristol, Dukes Protection of 
and Nantucket it shall be unlawful to kill a swan at any brant'atl^^' 
time, or to pursue, hunt, take or kill any other of the anatidae, ^rnstl°bie 
commonly known as wild geese, brant, ducks and teal, be- ^^d Nan^"dfet 
tween the sixteenth day of January and the thirtieth day counties. 
of September, both dates inclusive, or to buy, sell, offer for 
sale, or have in possession any swan or any other of the 
anatidse, or any part of any one of said birds during the 
time when the taking or killing of them is prohibited by 
law, whenever or wherever said birds may have been taken 
or killed: promded, however, that any person, firm or cor- Provisos, 
poration holding a written permit from the commissioners 
on fisheries and game may buy, sell, or have in possession 
any species of the anatidae for purposes of propagation 
only; and provided, further, that nothing in this act shall 
prevent the taking or possession of any of said birds by 
incorporated natural history associations and museums, or 
holders of certificates legally authorizing the collection of 
specimens for scientific purposes, or continued possession 
of such birds or parts thereof for scientific purposes by 
such museums, associations or holders of such certificates. 



68 



General Acts, 1917. — Chaps. 74, 75. 



Certain pro- 
visions not to 
apply. 



Section 2. So much of any act as is inconsistent here- 
with shall not apply to the provisions of this act, nor shall 
this act be construed to render lawful anything which would 
be unlawful under federal law or regulation. 

Approved March 14, 1917. 



Chap. 74 An Act to establish arbor and bird day. 

Be it enacted, etc., as follows: 



R. L. 53, i 
amended. 



16, 



Arbor and 
Bird Day 
established. 



Publication of 
leaflet. 



Section 1. Chapter fifty-three of the Revised Laws is 
hereby amended by striking out section sixteen and inserting 
in place thereof the following: — Section 16. The governor 
shall annually issue a proclamation setting apart the last 
Saturday in April as Arbor and Bird Day, recommending 
its observance by the public in the planting of trees, shrubs 
and vines, particularly those attractive to birds, in the 
promoting of forest grounds, places and ways, and in such 
other efforts and undertakings as will harmonize with the 
general character of the da\'. He shall further recommend 
that the Friday preceding be observed in the rural and 
suburban schools of the commonwealth by exercises appro- 
priate to Arbor and Bird Day. 

Section 2. The state board of agriculture may publish 
annually a leaflet relative to trees and birds which shall be 
approved by the commissioner of education, and may 
distribute the same to the superintendents and teachers of 
the rm*al and suburban public schools of the commonwealth 
prior to Arbor and Bird Day. The expenses of such publica- 
tion and distribution shall be paid out of the annual appro- 
priation for disseminating useful information in agriculture. 

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

Approved March 15, 1917. 



1908, 245, § 3, 
etc., amended. 



Chap. 75 An Act relative to the powers of the state orni- 
thologist. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter two hundred and 
forty-five of the acts of the year nineteen hundred and eight, 
as amended by section one of chapter five hundred of the 
acts of the year nineteen hundred and twelve, and by section 
one of chapter four hundred and twenty-four of the acts 
of the year nineteen hundred and fourteen, is hereby further 
amended by striking out the word "twenty-five", in the 



General Acts, 1917. — Chap. 76. 69 

ninth line, and inserting in place thereof the word : — thirty- 
five, — and by adding at the end of said section the words: 

— For the piu'pose of aiding in the study of the distribu- 
tion and habits of the birds of the commonwealth the state 
ornithologist may appoint from time to time special ob- 
servers who shall serve without compensation, — so as to 

read as follows : — Section 3. The state ornithologist shall ornuhoiogist 
receive two thousand dollars annually for his services, and expenses, etc. 
such allowance for necessary expenses, travelling or other- 
wise, as may be approved by the said board. He may 
purchase such supplies and apparatus and may employ 
such assistance as may be reasonably necessary in carrying 
out his duties, subject to the approval of the said board; 
but the total amount to be expended under authority of 
this act shall not exceed thirty-five hundred dollars ahnually, 
including the salary of the ornithologist. For the purpose May appoint 
of aiding in the study of the distribution and habits of the observers. 
birds of the commonwealth the state ornithologist may 
appoint from time to time special observers who shall serve 
without compensation. 
Section 2. This act shall take effect upon its passage. 

Aiyproved March 15, 1917. 

An Act relative to dental-hygienists. Chav 76 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter three hundred and §7f; amended. 
one of the General Acts of the year nineteen hundred and 
fifteen is hereby amended by striking out the word "a", 
in the thirteenth line, and inserting in place thereof the 
word : — any, — and by striking out the words " in public 
or private schools or institutions approved by the local 
board of health", in the thirteenth, fourteenth and fifteenth 
lines, and inserting in place thereof the words: — subject to 
such rules and regulations as may be adopted by said board, 

— so as to read as follows: — Section 11. Any person of pentai- 

P t hygienista, 

good moral character and twenty years of age or over, who quauscations, 
is a graduate of a training school for dental-hygienists re- 
quiring a course of not less than one academic year and 
approved by said board, or who is a graduate of a training 
school for nurses and has received three months' clinical 
training in dental-hygiene in any such training school for 
dental-hygienists, may, upon the payment of ten dollars, 
which shall not be returned to him, be examined by said 



70 



General Acts, 1917. — Chap. 77. 



1915, 301 (G), 
§ 13, amended. 



Penalty for 
illegal practice. 



board in the subjects considered essential by it for a dental- 
hygienist, and, if his examination is satisfactory, shall be 
registered as a dental-hygienist and given a certificate 
allowing him to clean teeth under the direction of any 
registered dentist of this commonwealth, subject to such 
rules and regulations as may be adopted by said board. 
An applicant who fails to pass a satisfactory examination 
shall be entitled to one re-examination at any future tueeting 
of the board, free of charge, but for each subsequent exami- 
nation he shall pay ten dollars. 

Section 2. Section thirteen of said chapter three hun- 
dred and one is hereby amended by inserting after the 
word "dentistry", in the sixth line, the words: — or dental- 
hygiene as defined in section eleven hereof, — so as to read 
as follows: — Section 13. Whoever falsely asserts that he 
has a certificate granted by said board, ot* who, having such 
certificate, fails to exhibit the same as required by this act, 
or who falsely and with intent to deceive claims to be a 
graduate of any college granting degrees in dentistry, or 
who practises or attempts to practise dentistry or dental- 
hygiene as defined in section eleven hereof without being 
registered as herein provided, or any registered dentist or 
any owners or managers of an incorporated dental company 
who shall employ an unregistered person as an operator, 
may be punished for each offence by a fine of not more 
than two hundred dollars or by imprisonment for three 
months, or by both such fine and imprisonment. 

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

Approved March 15, 1917. 



Chap. 77 An Act relative to notices to be given by registrars 

TO WOMEN VOTERS. 

Be it enacted, etc., as follows: 

1913, 835, § 44, Scctiou forty-four of Part I 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 
"male", in the thirtieth line, the words: — and female, — and 
also by inserting after the word "his", in the thirty-second 
line, the words : — or her, — so as to read as follows : — 
Annual register Scctioii 44- The registrars shall, after the first day of April, 
entries, ' prepare an annual register containing the names of all 

arrangement, i-r- i j^ • 1 "j. j. x' j.1 j. 

etc. qualified voters in such city or town tor the current year, 

beginning with such first day of April. Such names shall 



General Acts, 1917. — Chap. 78. 71 

be arranged in alphabetical order, and, opposite to the name 
of each voter, his residence on the preceding first day of 
April or on any subsequent day when he became an in- 
habitant of the city or town. The registrars shall enter in 
the annual register every name contained in the lists of 
persons assessed for a poll tax for the current year, as trans- 
mitted to them by the assessors, giving, as the residence of 
each person on the first day of April, the place at which he 
was assessed a poll tax; and likewise the name and residence, 
as aforesaid, of every woman voter whose name is contained 
in the list of women voters transmitted to them, as provided 
in section sixteen: yromded, that in every case they are Proviso. 
able to identify the name so transmitted to them as that of 
a man or woman whose name was borne on the voting 
list of such city or town at the last preceding election or 
town meeting. They shall make all inquiries and investi- 
gations necessary to identify such person, and they shall 
not enter in the annual register the name of a person objected 
to by any registrar until such person has been duly notified 
and given an opportunity to be heard by them. They shall 
forthwith enter in the annual register the name of every 
person whose qualifications as a voter have been determined 
by them in the current year and whose name has accordingly 
been entered in the general register. They shall, on or to send notice 
before the first Monday of August in each year, send notice ilm&\ewoteva 
in wTiting by mail to each male and female voter of the pre- havrnot'been 
ceding year whose name has not been entered in the annual entered. 
register of the current year that his or her name has not been 
so entered. They shall annually, before the first day of 
April, transmit to the assessors a list of the women whose 
names are contained upon the register of voters, with their 
residences, as they appear on the register of the preceding 
year. Approved March 15, 1917, 



An Act relative to the sale of sausage meat. Chap. 78 

Be it enacted, etc., as follows: 

Section two of chapter six hundred and thirty-foiu* of the i9i4, 634, § 2, 
acts of the year nineteen hundred and fourteen is hereby '^"^^^ 
amended by striking out all after the word "casing", in the 
first line of the fourth clause, and inserting in place thereof 
the following: — the organs of the thoracic and abdominal 
cavities or any part thereof, except hearts, tripe and liver, 



72 



General Acts, 1917. — Chap. 79. 



1913, 835, § lis, 
etc., amended. 



Sale of — SO that Said clause will read as follows : — Fourth. If 

regufate™^^ it contains, except as casing, the organs of the thoracic and 
abdominal cavities or any part thereof, except hearts, tripe 
and liver. Approved March 15, 1917. 

Chap. 79 An Act relative to meetings of registrars of voters 

AND ELECTION COMMISSIONERS FOR THE CERTIFICATION 
OF NAMES ON PRIMARY NOMINATION PAPERS. 

Be it enacted, etc., as foUoios: 

Section 1. Section one hundred and eighteen of chapter 
eight hundred and thirty-five of the acts of the year nineteen 
hundred and thirteen, as amended by section eleven of 
chapter seven hundred and ninety of the acts of the year 
nineteen hundred and fourteen, and by section ten of chapter 
one hundred and seventy-nine of the General Acts of the 
year nineteen hundred and sixteen, is hereby further amended 
by striking out the word "Saturday", in the third line, and 
inserting in place thereof the word : — Friday, — and by 
striking out the word "Saturdays", in the twenty-third 
and twenty-sixth lines, and inserting in place thereof in 
each instance the word : — Fridays, — so as to read as fol- 
lows: — Section US. Every nomination paper shall be sub- 
mitted on or before Jive o'clock in the afternoon of the 
Friday 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 wdio are 
not enrolled in any other party than that wdiose 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 
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 
certifying to the names on primary nomination papers it 
shall be the duty of the board of registrars of voters, in 
Boston the election commissioners, to hold meetings on the 



Primary 
nomination 
papers to be 
submitted to 
registrars, in 
Boston to the 
election 
commissioners. 



Number of 
names to be 
certified, etc. 



Registrars, 
etc., to hold 
meetings to 
certify names. 



General Acts, 1917. — Chaps. 80, 81. 73 

four Fridays next preceding the date on which such papers 
are required to be filed with the secretary of the common- 
wealth, except that such meetings shall be held on the two 
Fridays 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 
than one office for which such nominations are made; but didate^fo^" 
this shall not apply to candidates for membership in political Cffice.'^except!^ 
committees or delegations to the state convention. ^'''=- 

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

Aypromd March 17, 1917. 

An Act relative to primary officers. Chap. 80 

Be it enacted, etc., as follotvs: 

Section 1. Section one hundred and two of chapter lois, 8.35. § 102, 
eight himdred and thirty-five of the acts of the year nineteen ^™®° ^ ' 
hundred and thirteen is hereby amended by striking out the 
said section and inserting in place thereof the following: — 
Section 102. No person shall be ineligible to act as a primary certain 
officer because he is a candidate for delegate to a convention, PnJil^bieto 
and, except in Boston, no person shall be ineligible to serve mary officers. 
as a primary officer because he is a candidate for or member 
of a ward or town committee. 

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

Approved March 17, 1917. 

An Act relative to returns of votes cast at state nhn^ ci 

PRIMARIES. ^' 

Be it enacted, etc., as follows: 

Section 1 . Section one hundred and twenty-four of *^^^' f^t § ^24, 

II' n PI i> 1 amended. 

chapter eight hundred and thirty-five of the acts of the year 
nineteen hundred and thirteen is hereby amended by insert- 
ing after the word "and", in the third line, the words: — 
within four days after the day of holding the state primary, 
— so as to read as follows: — Section 124- Upon the receipt Canvass and 
of the records of votes cast at state primaries the city or votes'ra.st 
town clerk or election commissioners shall forthwith canvass !tt;t*,t*r1o=. 
the same and within four days after the day of holding the 
state primary make return of the votes for candidates for 
nomination for state offices, and for election as members of 
the state committee, to the secretary of the commonwealth, .; 

who shall forthwith canvass such returns, determine the '^, 



74 



General Acts, 1917. — Chap. 82. 



Certificates to 
successful 
candidates, etc. 



results thereof, notify the successful candidates, and certify 
to the state committees the names of the persons nominated 
for state offices and elected as members of the state com- 
mittees. Said clerks or commissioners shall determine the 
results of the vote for delegates to the state conventions and 
members of ward and town committees, issue proper cer- 
tificates thereof to the successful candidates, and notify the 
chairmen of the city and town committees of the respective 
parties. 

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

Approved March 17, 1917. 



1913, 835, § 199, 
amended. 



Chap. 82 An Act relative to the time within which nomination 

PAPERS SHALL BE SUBMITTED FOR THE CERTIFICATION OF 
NAMES, AND TO STATEMENTS ON NOMINATION PAPERS. 

Be it enacted, etc, as folloivs: 

Section 1. Section one hundred and ninety-nine of 
chapter eight hundred and thirty-five of the acts of the 
year nineteen hundred and thirteen is hereby amended by 
striking out the words "before being filed, be seasonably 
submitted", in the fifteenth and sixteenth lines, and insert- 
ing in place thereof the words : — be submitted on or before 
five o'clock in the afternoon of the Friday preceding the 
day on which it must be filed, — and by striking out the 
last sentence of said section, so as to read as follows : — 
Section 199. Every voter who signs a nomination paper 
shall sign it in person, with his full surname, his Christian 
name and the initial of every other name which he may 
have, and shall add his residence on the previous first day of 
April and the place where he is then living, with the street 
and number thereof, if any, to his signature; but any voter 
who is prevented by a physical disability from writing or 
who had the right to vote on the first day of May in the 
year eighteen hundred and fifty-seven, may authorize 
some person to write his name and residence in his presence; 
and every voter may sign as many nomination papers for 
each office to be filled as there are persons to be elected 
thereto, and no more. Women who are qualified to vote 
may sign nomination papers for candidates for the school 
committee. Every nomination paper shall be submitted on 
or before five o'clock in the afternoon of the Friday 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 



Voters to sign 
nomination 
papers in 
person, adding 
residence, etc. 



Women may 
sign certain 
papers. 

To be sultniit- 
ted to regis- 
trars, etc. 



General Acts, 1917. — Chap. 83. 75 

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 or division 
for which the nomination is made. They need not certify Number of 

, n I . , I names to be 

a greater number oi names than are required to make a certified, etc. 
nomination, with one fifth of such number added thereto. 
Names not certified in the first instance shall not thereafter 
be certified on the same nomination papers. The secretary 
of the commonweajth shall not be required in any case to 
file nomination papers for a candidate after filing such papers 
containing a sufficient number of certified names to make 
a nomination, with one fifth of such number added thereto. 

Section 2. Section two hundred of said chapter eight Repeal, 
hundred and thirty-five is hereby repealed. 

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

Approved March 17, 1917. 



An Act relative to the returns of election expenses QJiai) 83 
OF candidates for public office. 

Be it enacted, etc., as follows: 

Section 1. Section three hundred and sixty-two of etc!' amended"' 
chapter eight hundred and thirty-five of the acts of the year 
nineteen hundred and thirteen, as amended by section six 
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 "seven", in the fourth 
line, and inserting in place thereof the word: — fourteen, — 
so as to read as follows : — Section 362. Every candidate Candidates for 
for nomination to a public office shall, within seven days fo" fiufstSe- 
after the last day for filing nominations for that office, and ^pe^es, etc 
every candidate for election to a public office shall within 
fourteen days after the election held to fill the office, file a 
statement in writing setting forth each sum of money and 
thing of value expended, contributed, or promised by him, 
for the purpose of securing or in any way affecting his nomi- 
nation or election to the office, and the name of the person 
or political committee to whom the payment, contribution or 
promise was made and the date thereof, or, if nothing has 
been contributed, expended or promised by him, a statement 
in writing to that effect. 

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

Approved March 17, 1917. 



76 



General Acts, 1917. — Chaps. 84, 85. 



Chap. 84 An Act to prohibit inquiries as to the religious or 

POLITICAL BELIEF OF APPLICANTS FOR POSITIONS IN THE 
PUBLIC SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any public school 
committee or official to inquire concerning, or to require or 
solicit from an applicant for a position in the public schools 
any information as to, the religious belief, creed or practice, 
or as to the political opinions or affiliations of the appli- 
cant; and no appointment to such a position shall be made, 
withheld or in any manner affected by the said considera- 
tions. 

Section 2. Violation of the provisions of this act shall 
be punished by a fine of not more than fifty dollars for each 
offence. Approved March 17, 1917. 



Inquiries as to 
religious or 
political belief 
of applicants 
for positions in 
public schools 
prohibited. 



Penalty. 



Payment of 
bounty to 
poultry 
associations. 



Provisos. 



Chap. 85 An Act rel.\tive to the payment of bounty to 

poultry ASSOCIATIONS. 

Be it enacted, etc., as folloivs: 

Section 1. Every poultry association which shall have 
been incorporated under the laws of the commonwealth for 
the purposes, principally, of holding exhibitions of poultry 
within the commonwealth shall be entitled to receive annually 
in May from the treasury of the commonwealth not exceed- 
ing two hundred dollars: proinded, however, that not more 
than twenty such associations shall be entitled to receive 
bounty in any one year; and provided, further, that no 
association shall receive a larger amount in one year than 
it has awarded and paid in state first premiums in that 
year on the kinds, breeds and varieties of poultry specified 
by the state board of agricultiu-e as provided in section 
four. 

Section 2. Every incorporated poultry association which 
desires to receive the bounty aforesaid shall annually, on 
or before the first day of November in each year, file in the 
office of the secretary of the board of agriculture, a certificate 
signed by its secretary, stating the amount which it has 
offered or proposes to offer in "state first premiums" at its 
next show. 
Certificates Section 3. No associatiou shall be entitled to any part 

that exhibition • i ii • p ^ ^ e 

has been held, of the said bouutv uulcss it sliall certify to the state board oi 

etc. 



Associations to 
file certificates 
of amount of 
" state first 
premiums." 



General Acts, 1917. — Chap. 86. 77 

agriculture, under oath of the president and treasurer of 
the association, that it has held an exhibition of poultry 
during the year, and shall also certify the amount paid 
in premiums by the association at such exhibition, and that 
the association is in need of aid to enable it to continue its 
exhibitions of poultry, together with such other facts as the 
board may request. 

Section 4. The state board of agriculture shall deter- Rules, etc. 
mine annually the associations entitled to receive bounty, 
the kinds, breeds and varieties of poultry to which state 
premiums as aforesaid may be awarded, and the date on or 
before which associations shall file their certificates, and 
may make such other rules and regulations as it may deem 
suitable for carrying out the provisions of this act. 

Section 5. For the purposes of this act the term "state "state first 
first premiums" shall mean all first premiums described in tennd'e'Sned. 
the premium lists of said associations as being offered by the 
state board of agriculture through the association. 

Section 6. Chapter four hundred and twenty-eight of Repeal, 
the acts of the year nineteen hundred and nine, as amended 
by chapter five hundred and ninety of the acts of the year 
nineteen hundred and thirteen and by chapter two hundred 
and ninety-eight of the acts of the year nineteen hundred 
and fourteen, is hereby repealed. 

Section 7. This act shall take effect on the first day of t^™^ ^^ taking 
September in the year nineteen hundred and seventeen. 

Approved March 17, 1917. 



An Act relative to the transfer of laborers in the nhny eg 
public service. 

Be it enacted, etc., as follows: 

Laborers in the employ of the Boston transit commission Transferor 
may be transferred to the employ of any city or town in the employed by 
metropolitan district without examination, and notwith- ^mm?ssion.**'* 
standing any restriction in the civil service laws or regula- 
tions applicable to such transfers: 'provided, that a request Proviso. 
to such effect be made by the head of a department in any 
such city, with the approval of the mayor j or by the chairman 
of the board of selectmen in any such town. 

Approved March 17, 1917. 



78 



General Acts, 1917. — Chaps. 87, 88, 89. 



Chap. 87 An Act relative to taking fish in the waters of the 

CITY OF BEVERLY. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to take 
fish in the waters of the city of Beverly by beam trawl, 
otter trawl or seine: provided, however, that the board of 
aldermen of the city may grant permits for the taking of 
fish in the said waters by the use of seines. 

Section 2. Any violation of this act shall be punished 
by a fine of not more than fifty dollars. 

Approved March 19, 1917. 



Taking of fish 
in waters of 
Beverly regu- 
lated. 
Proviso. 



Penalty. 



Chap. 88 An Act relative to the sittings of the superior 

court for the county of ESSEX. 



R. L. 157, § 24, 
etc., amended. 



Sittings of the 
superior court 

for Essex 
county. 



Time of taking 
effect. 



Be it enacted, etc., as follows: 

Section 1. The sixth paragraph of section twenty-four 
of chapter one hundred and fifty-seven of the Revised Laws, 
as amended by section one of chapter four hundred and 
thirty of the acts of the year nineteen hundred and eleven, 
is hereby further amended by striking out the said para- 
graph, and inserting in place thereof the following: — For 
the county of Essex, for civil business, at Salem, on the first 
Mondays of June and December; at Lawrence, on the first 
Monday of March; and at Newburyport, on the first Monday 
of October; for criminal business, at Salem, on the second 
Monday of January ; at Newburyport, on the second Monday 
of May; and at Lawrence, on the second Monday of Sep- 
tember. 

Section 2. This act shall take effect on the first Monday 
of July, nineteen hundred and seventeen. 

Approved March 19, 1917. 



Chap. 89 An Act to extend the time for filing returns of 

PROPERTY OF FOREIGN CORPORATIONS. 

Be it enacted, etc., as follows: 

Section \. Section fifty-four of Part III of chapter 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 hundred and 
fifteen, and by section one of chapter eighty-three of the 



1909, 490 (IH), 
§ 54, etc., 
amended. 



General Acts, 1917. — Chap. 90. 79 

General Acts of the year nineteen hundred and sixteen, is 
"hereby further amended by striking out the word "seven- 
teen", in the twenty-third hne, and inserting in place thereof 
the word : — eighteen, — so as to read as follows : — Section Time for filing 
^4- Every foreign corporation shall annually, within thirty trfi^ate^f"^" 
days after the date fixed for its annual meeting, or within ^or'dgn"""^ 
thirty days after the final adjournment of said meeting, corporations. 
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 commomvealth, 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 cor- Filing of 
poration which has property within the commonwealth return. 
subject to taxation under the laws thereof, shall annually, 
between the first and tenth days of April, beginning in the 
year nineteen hundred and eighteen, 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 prop- 
erty, 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 20, 1917. 

An Act relative to the accounts and compensation nhdrf on 

OF PUBLIC ADMINISTRATORS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter one hundred and ^^ded' ^ '^' 
thirty-eight of the Revised Laws is hereby amended by 
adding at the end thereof the following: — At any time 
within six years after a public administrator has made such 
deposit, the probate court may, upon the application of 



80 



General Acts, 1917. — Chap. 90. 



Public 

administratora 
to deposit 
balances of 
estates with 
the treasurer 
and receiver 
general. 

Probate court 
may decree 
repayment. 



R. L. 1.38, § 14, 
amended. 



Heirs, etc., 
may take 
administration 
after deposit in 
state treasury. 



the administrator and if it appears that there are reasonable 
grounds to believe that certain persons have lawful claims 
upon the said balance, enter a decree directing that the 
same be repaid to the public administrator. The treasurer 
and receiver general shall thereupon pay over all money 
deposited in the treasury to the credit of the estate to the 
public administrator to be administered by him according to 
law as a part of the estate of the deceased, — so as to read 
as follows: — Section 12. When an estate has been fully 
administered by a public administrator, he shall deposit the 
balance of such estate remaining in his hands with the 
treasurer and receiver general, who shall receive and hold it 
for the benefit of those who may have lawful claims thereon. 
At any time within six years after a public administrator 
has made such deposit, the probate court may, upon the 
application of the administrator and if it appears that 
there are reasonable grounds to believe that certain persons 
have lawful claims upon the said balance, enter a decree 
directing that the same be repaid to the public administrator. 
The treasurer and receiver general shall thereupon pay over 
all money deposited in the treasury to the credit of the 
estate to the public administrator to be administered by 
him according to law as a part of the estate of the deceased. 
Section 2. Section fourteen of said chapter one hundred 
and thirty-eight is hereby amended by adding at the end 
thereof the following: — In all such cases, whether public 
administration is granted or not, the public administrator 
shall receive a reasonable allowance for his services and 
expenses which shall be determined by the probate court 
and which shall be paid by the treasurer and receiver general 
out of the money deposited in the treasury to the credit of 
such estate but not otherwise, — so as to read as follows: — 
Section 14- If, at any time within six years after a public 
administrator has made deposit with the treasurer and 
receiver general of the balance of an estate remaining in 
his hands, any person applies to the probate court which 
granted letters of administration on such estate, and makes 
it appear that he is legally entitled by the will of the de- 
ceased or otherwise to the administration thereof, the court 
shall grant administration thereof, or, upon probate of such 
will, shall grant letters testamentary to such applicant or 
at his request to some other suitable person; but before 
granting such administration, the court shall order personal 
notice of the application to be served, at least fourteen days 



General Acts, 1917. — Chap. 91. 81 

before the hearing, upon a pubHc administrator of the 
county, who shall appear in behalf of the commonwealth. 
In all such cases, whether public administration is granted Allowance 
or not, the public administrator shall receive a reasonable in'd'expenses. 
allowance for his services and expenses which shall be de- 
termined by the probate court and which shall be paid by 
the treasurer and receiver general out of the money deposited 
in the treasury to the credit of such estate but not otherwise. 

Section 3. Section fifteen of said chapter one hundred R i^- iss, § 15. 
and thirty-eight is hereby amended by inserting after the 
word "general", in the fourth line, the words: — after pay- 
ing such sums, if any, for services and expenses as may be 
allowed to the public administrator under the provisions of 
the preceding section, — so as to read as follows: — Section Treasurer 
15. After the expiration of thirty days from the appoint- generaUopay 
ment of an executor or administrator as provided in the utor,e°c. jf 
preceding section, if no appeal is claimed by any person appointed, 
interested, the treasurer and receiver general, after paying 
such sums, if any, for services and expenses as may be 
allowed to the public administrator under the provisions 
of the preceding section, shall pay over to such executor 
or administrator all money deposited in the treasury to the 
credit of such estate, to be administered in like manner as 
the estates of other deceased persons. 

Section 4. This act shall take effect upon its passage, §2 to apply 
and section two shall apply to pending petitions and services p°titSM?ltc. 
rendered in connection therewith. 

Approved March 20, 1917. 

An Act relative to the delivery of intoxicating (Jhdr) 01 

LIQUOR FROM VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. The delivery of liquor from a vehicle of any Delivery of 
description by any person licensed to sell intoxicating liquor, irq*iJor7rom 
or by the driver, helper or other employee of such person, certLtn peLins 
which liquor is not marked with the name and address P''°'i''^'*'e'i' 
of the purchaser, or which is falsely marked in these particu- 
lars, or the sale of such liquor to any person other than the 
consignee or purchaser thereof, or to any person other than 
the person whose name appears thereon and in the order 
book of the liquor dealer as the consignee or purchaser 
thereof, or the delivery of liquor in the absence of a prior 
entry in the order book on the premises of such dealer, show- 



82 



General Acts, 1917. — Chaps. 92, 93. 



Penalties. 



ing the name and address of the purchaser, and the amount 
and kind ordered, shall be prima facie evidence of a sale 
off the licensed premises by such licensee: provided, however, 
that this act shall not apply to deliveries of intoxicating 
liquor from one licensee to another. 

Section 2. Violation of this act shall be punished by a 
fine of not less than fifty, nor more than two hundred dollars, 
for each offence; and licensing boards shall have authority 
to suspend or revoke the license of the licensee concerned 
in the violation, as provided in section forty-seven of chapter 
one hundred of the Revised Laws, as amended by chapter 
one hundred and eight of the acts of the year nineteen hun- 
dred and eight. Approved March 20, 1917. 



1908, 604, § 14, 
etc., amended. 



Chap. 92 An Act relative to the adjutant general's depart- 
ment. 

Be it enacted, etc., as follows: 

Section 1. Chapter six hundred and four of the acts of 
the year nineteen hundred and eight, as amended in section 
fourteen by section one of chapter three hundred and forty- 
eight of the acts of the year nineteen hundred and ten, by 
chapter five hundred and ninety-three of the acts of the 
year nineteen hundred and twelve, and by chapter seven 
hundred and ten of the acts of the year nineteen hundred 
and thirteen, is hereby further amended by striking out said 
section fourteen and inserting in place thereof the following: 
— Section IJf.. The adjutant general shall receive a salary 
of thirty-six hundred dollars a year. An adjutant general 
(rank of lieutenant colonel), adjutant general's department, 
shall receive a salary of eighteen hundred dollars a year. 
The adjutant general may employ such clerks and other 
assistants as may be necessary in his department, the ex- 
pense not exceeding the amount annually appropriated 
therefor. 

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

Approved March 21, 1917. 



Adjutant gen- 
eral, clerks, 
etc., salaries. 



Chap. 93 An Act rel.\tive to maintenance of horses for the 

NATIONAL GUARD. 

Be it enacted, etc., as folloivs: 
Maintenance SECTION 1. There may be allowed and paid out of the 

of horses for p i 11 1 • 

national guard, treasury of the commonwealth, a sum not exceedmg ten 



General Acts, 1917. — Chap. 94. 83 

thousand dollars annually, for the maintenance of draft or 
riding animals used for military purposes, and from this sum 
there may be allowed and paid to each troop of cavalry 
and battery of field artillery, and other military organiza- 
tions authorized to be mounted, an amount not exceeding 
fifteen dollars each month for every such animal owned by 
the organization or by individual members thereof, and used 
for military purposes. The said allowance, to an organ- Allowance 
ization maintaining horses under the provisions of this sec- orgTm'zations 
tion, shall be for forage, care and maintenance, and shall foragJ,"etc. 
be in lieu of any allowance for instruction in riding provided 
for by section one hundred and seventy-four of chapter 
six hundred and four of the acts of the year nineteen hun- 
dred and eight, and acts in amendment thereof. The com- Conditions, 
mander-in-chief shall, by order, prescribe tlie conditions and li\orZ^^^ 
regulations relative to the use and maintenance of such 
horses, which shall be complied with before the allowance 
is paid. 

The commander-in-chief shall, by order, prescribe the Regulations for 
conditions and regulations for the use and maintenance of anfmaisl^ttc. 
draft or riding animals owned by the commonwealth and 
used for military purposes, and may authorize the use and 
letting of such animals. All income received from such 
use shall be paid into the treasury of the commonwealth. 

Section 2. Chapter seven hundred and fifty-eight of the Repeal, 
acts of the year nineteen hundred and fourteen is hereby 
repealed. 

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

Approved March 21, 1917. 

An Act relative to reports of evidence at inquests (Jjmj) 94 

IN CASES OF death BY ACCIDENTS ON RAILROADS AND 
RAILWAYS. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter twenty-four of ^c^ameideti 
the Revised Laws, as amended by chapter four hundred and 
ninety-six of the acts of the year nineteen hundred and 
twelve, is hereby further amended by striking out the words 
"board of railroad commissioners", in the eleventh line, and 
inserting in place thereof the words : — public service com- 
mission, — by inserting after the word "inquest", in the 
twelfth line, the words : — When the magistrate has made 
his report therein he shall cause a copy thereof to be for- 



84 



General Acts, 1917. — Chap. 95. 



Reports of 
evidence at 
inquests in 
railroad 
accidents. 



Bill when 
approved, 
how paid, etc. 



May refuse 
fees to certain 
witnesses. 



warded to said commission, — and also by striking out 
the word "board", in the thirteenth Hne, and inserting in 
place thereof the word : — commission, — so as to read as 
follows: — Section 14- If a magistrate has reason to believe 
that an inquest to be held by him relates to the death by 
accident of a passenger or employee upon a railroad or 
electric railroad or a traveler upon a public or private way 
at a railroad crossing, or to a death by accident connected 
with the operation of a street railway or of a railroad for 
private use, he shall cause a verbatim report of the evidence 
to be made and sworn to by the person making it, and the 
report and the bill for services, after examination and ap- 
proval in writing by the magistrate, shall be forwarded to 
the public service commission within thirty days after the 
date of the inquest. When the magistrate has made his 
report therein he shall cause a copy thereof to be forwarded 
to said commission. The bill when approved by said com- 
mission shall be forwarded to the auditor and be paid by 
the commonwealth, assessed on the several railroad, electric 
railroad or street railway corporations or other corporations, 
persons, firms or associations owning or operating the rail- 
road, electric railroad or street railway or railroad for private 
use on which the accident occurred, and shall be collected 
in the manner provided in section three of Part I of chapter 
four hundred and sixty-three of the acts of the year nineteen 
hundred and six. The magistrate may, in his discretion, 
refuse fees to witnesses in the employ of the company upon 
whose railroad or railway the accident occurred. 

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

Ayyroved March 21, 1917. 



Chart. 95 ^^ ^^'^ relating to clerical assistance in the office 

OF THE REGISTER OF PROBATE AND INSOLVENCY FOR THE 
county OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency for 
the county of Middlesex shall be allowed, in addition to 
the amount now allowed by law, a sum not exceeding two 
thousand dollars a year from and after the first day of 
February in the year nineteen hundred and seventeen, for 
clerical assistance actually performed; to be paid from the 
treasury of the county of Middlesex upon the certificate of 



Register of 
probate and 
insolvency for 
Middlesex 
county may 
employ addi- 
tional clerical 
assistance. 



General Acts, 1917. — Chaps. 96, 97. 85 

the register countersigned by one of the judges of probate 
and insolvency for said county. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1917. 



An Act relative to the sale of the acts and laws of Qhav. 96 

THE PROVINCE OF THE MASSACHUSETTS BAY. 

Be it enacted, etc., as folloivs: 

Section 1. The secretary of the commonwealth is Saieof 
hereby authorized to sell the acts and laws of the province Law°7'"'^^ 
of the Massachusetts Bay in single volumes, notwithstanding 
the provisions of chapter twenty of the resolves of the year 
eighteen hundred and seventy. 

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

Approved March 21, 1917. 



An Act relative to the taxation of mutual liability (JJiav 97 
insurance companies. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-three of Part III of chapter i909, 49o (iii), 
four hundred and ninety of the acts of the year nineteen Ime'aded. 
hundred and nine, as amended by chapter two hundred and 
twenty-seven of the General Acts of the year nineteen hun- 
dred and sixteen, is hereby further amended by striking out 
the word "fire", in the sixteenth line, and by adding at the 
end thereof the words : — and provided, further, that no such 
deduction shall be allowed in the determination of the tax 
assessed under the provisions of sections twenty-nine, thirty 
and thirty-two of this part upon any foreign mutual in- 
surance company unless such a deduction is allowed during 
the year by the laws of the state under which such company 
is organized in the assessment of a premium tax upon like 
mutual insurance companies chartered by this common- 
wealth, or upon their agents, when doing business therein, 
— so as to read as follows : — Section S3. In determining Taxation of 
the amount of the tax payable under the five preceding {fabmty 
sections, all unused balances on notes taken for premiums insurance 

,. . •IP • companies, 

on open policies, all sums paid for return premiums on deductions. 
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 premiums on which. 



86 General Acts, 1917. — Chap. 98. 

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 otherwise 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 foregoing deductions there 
shall also be deducted in the case of all mutual insurance 
companies taxable under the provisions of said sections the 
amount of all unabsorbed premium deposits actually returned 
or credited to policy holders during the year for which the 
Provisos, tax is determined: lyromded, 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; and provided , further, that no such deduction shall 
be allowed in the determination of the tax assessed under 
the provisions of sections twenty-nine, thirty and thirty-two 
of this part upon any foreign mutual insurance company 
unless such a deduction is allowed during the year by the 
laws of the state under which such company is organized 
in the assessment of a premium tax upon like mutual in- 
surance companies chartered by this commonwealth, or 
upon their agents, when doing business therein. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1917. 

Chap. 98 An Act relative to the testing and sealing of taxi- 
meters. 

Be it enacted, etc., as follows: 

1909, 541, §1, Section 1. Section one of chapter five hundred and 

amended. ., .^ iiii- 

forty-one or the acts or the year nineteen hundred and nine 
is hereby amended by striking out all after the word " trans- 
portation", in the fifth and sixth lines, down to and including 
the word "towns", in the ninth line, and by adding at 
the end thereof the words : — Any owner or operator of a 
taxicab or other vehicle who refuses or neglects to comply 
with any ride or regulation so made by the commissioner 
shall be punished by a fine of ten doHars for each offence. 
Testing and — SO as to read as follows : — Section 1 . The provisions of 
taximlters. cliaptcr sixty-two of the Revised Laws relative to the testing 
and sealing of weights, measures and balances shall apply 
to all taximeters and other forms of measuring devices which 



General Acts, 1917. — Chap. 99. 87 

are used upon vehicles for determining the cost of trans- 
portation. All such devices shall be tested as to the cor- 
rectness of measures and values indicated by them, and 
the commissioner of weights and measures is empowered to 
make such rules and regulations as he may deem necessary 
to insure accuracy in the use of the said devices. Any Penalty. 
owner or operator of a taxicab or other vehicle who refuses 
or neglects to comply with any rule or regulation so made 
by the commissioner shall be punished by a fine of ten 
dollars for each offence. 

Spxtion 2. Section two of said chapter five hundred ameiidtd.^ ^' 
and forty-one is hereby amended by striking out the words 
"The commissioner", in the first line, and inserting in 
place thereof the word : — Sealers, — so as to read as fol- 
lows : — Section 2. Sealers of weights and measures shall Devices to be 

• 11. IIP 1 1 sealed, etc. 

seal the said devices when tested and found to be correct, 
and shall mark, condemn or seize the same if incorrect, in 
accordance with the. provisions of said chapter sixty-two 
applicable to weights, measures and balances, and all penal- 
ties imposed by said chapter for violation of the provisions 
thereof relative to weights, measures and balances shall also 
be applicable to the said devices. 

Section 3. Section three of said chapter five hundred }^^^^J^^^ ^ ^• 
and fortA'-one is hereby amended by striking out the words 
"The commissioner", in the first line, and inserting in place 
thereof the word: — ^ Sealers, ^ — by striking out the word 
"him", in the fourth line, and inserting in place thereof the 
word: — - them, ^ — ^ and by striking out the words "the com- 
monwealth", in the fourth and fifth lines, and inserting in 
place thereof the words : — their respective cities and towns, 
— so as to read as follows : — Section 3. Sealers of weights Fee.? for 
and measures shall collect a fee of one dollar for each device ^^''•'°^- 
sealed under the provisions of this act, and such fees shall 
be paid by them monthly into the treasury of their respective 
cities and towns. Approved March 21, 1917. 

An Act to provide for additional clerical assistance nhn^ry go 

FOR the treasurer OF THE COUNTY OF PLYMOUTH. 

Be it enacted, etc., as folloivs: 

Section three of chapter twenty-one of the Revised Laws, r. l. 21, § 3, 
as amended by chapter two hundred and ninety-eight of ®*^"'' *™«'^^'''i- 
the acts of the year nineteen hundred and twelve, is hereby 
further amended by striking out the word "five", in the 



88 



General Acts, 1917. — Chaps. 100, 101. 



Additional 
clerical assist- 
ance for 
treasurer of 
Plymouth 
county. 



second line, and inserting in place thereof the word : — 
eight, — so as to read as follows : — For the county of 
Plymouth, not more than eight hundred dollars. 

Approved March 21, 1917. 



Chap.lOO An Act to authorize the appointment of an assistant 

CLERK OF THE COURTS FOR THE COUNTY OF BARNSTABLE. 

Be it enacted, etc., as follows: 

of^M^as^s^tent '^h^ justices of the supreme judicial court, or a majority 
^^erk oj courts of thcui, may appoint for a term of three years from the 
county. date of appointment, and may remove, an assistant clerk of 

the courts for the county of Barnstable, who shall receive 
an annual salary of eight hundred dollars, to be paid by 
said county. Said clerk shall be subject to the provisions 
of law applicable to assistant clerks of courts and may be 
a woman. Approved March 21, 1917. 



R. L. 173, § 54, 
amended. 



Appearances 
in the supreme 
judicial and 
superior 
courts. 



C/iap.lOl An Act relative to appearances in the supreme 

JUDICIAL COURT AND THE SUPERIOR COURT. 

Be it enacted, etc., as folloivs: 

Section fifty-four of chapter one hundred and seventy-three 
of the Revised Laws is hereby amended by striking out the 
word "ten", in the fourth line, and inserting in place thereof 
the word : — twenty-one, — and by inserting after the word 
"return", in the same line, the words; — or entry, - — so as 
to read as follows: — Section 54- If the defendant in an 
action commenced in the supreme judicial court or the 
superior court, having been duly served with process, fails 
to enter an appearance in writing within twenty-one days 
after the return or entry day of the writ, his default shall 
be recorded, and after the expiration of four days from 
such default, the plaintiff may have judgment entered by 
order of the court or by the clerk as of course without any 
further order. Upon a default at any stage of the proceed- 
ings in an action pending in said courts, the damages shall, 
upon motion of either party, be assessed by a jury. If the 
defendant in an action commenced in a police, district or 
municipal court or before a trial justice, having been duly 
served with process, fails to appear or answer thereto, his 
default shall be recorded and judgment shall be rendered 
for the plaintiff with costs. Courts may, for good cause 



Defaults. 



General Acts, 1917. — Chaps. 102, 103. 89 

shown, extend the time for entering an appearance, and 
may, in their discretion and upon terms, take off a default 
at any time before judgment. Apj)roved March 21, 1917. 

An Act to establish the office of clerk of the first (^/^^^ \q2 

DISTRICT court OF BARNSTABLE. 

Be it enacted, etc., as follows: 

There shall be a clerk of the first district court of Barn- office of clerk 
stable, who, in accordance with the provisions of section one district court 
of chapter four hundred and fifty-three of the acts of the established^''* 
year nineteen hundred and four, shall receive an annual 
salary of seven hundred and twenty dollars to be so allowed 
from the first day of April in the year nineteen hundred and 
seventeen. A'pyroDed March 21, 1017. 

An Act relative to the capacity of the tuberculosis (jhn^ iqq 

HOSPITAL to be ERECTED IN THE COUNTY OF BERK- 

shire. 
Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and l^j'^amLd^d 
eighty-six of the General Acts of the year nineteen hundred 
and sixteen is hereby amended by adding at the end thereof 
the following: — provided, that in the county of Berkshire 
a hospital may be constructed having a capacity of as many 
less than fifty beds as the state department of health shall 
approve, — ^ so as to read as follows :^ — Section 5. County County 
commissioners are authorized and directed, subject to the 
approval of the state department of health, to erect one or iS°is''hosp1tab 
more hospitals within their respective counties to carry out 
the provisions of this act, or they may in the case of coun- 
ties having a total population of less than fifty thousand 
inhabitants, as determined by the latest United States cen- 
sus, arrange to obtain tuberculosis hospital care for those 
consumptives coming within their jurisdiction by entering 
into a contract with a tuberculosis institution in a neigh- 
boring county in accordance with the provisions of sec- 
tion two. No new tuberculosis hospital shall be erected Capacity. 
under the provisions of this act having a total capacity of 
less than fifty beds : promded, that in the county of Berkshire Proviso. 
a hospital may be constructed having a capacity of as many 
less than fifty beds as the state department of health shall 
approve. 

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

Approved March 22, 1917. 



com- 
missioners to 
erect one or 



90 



General Acts, 1917. — Chap. 104. 



1909, 490 (III), 
§ 34, amended. 



Filing of 
returns of 
insurance com- 
panies, asso- 
ciations or 
partnerships 
with the tax 
commissioner. 



Chap. 104: An Act relative to the filing of returns of insurance 

COMPANIES, ASSOCIATIONS OR PARTNERSHIPS WITH THE 
TAX COMMISSIONER. 

Be it enacted, etc., as follows: 

Section 1. Part III of chapter four hundred and ninety 
of the acts of the year nineteen hundred and nine is hereby 
amended by striking out section thirty-four and insert- 
ing in place thereof the following: — Section 34. Every 
company liable to taxation under the provisions of sec- 
tions twenty-eight and thirty-two shall annually, during the 
month of January, make a return to the tax commissioner, 
signed and sworn to by its secretary or other officer having 
knowledge of the facts, stating the amount insured by said 
company, the premiums received, and the assessments col- 
lected by it during the year ending on the preceding thirty- 
first day of December. Every foreign company, associa- 
tion or partnership, including associations formed upon the 
plan known as Lloyd's, authorized to do business in the 
commonwealth, shall annually, during the month of Janu- 
ary, make a return to the tax commissioner, in such form 
as he shall prescribe, signed and sworn to by its secretary, 
manager or other officer having knowledge of the facts, 
of the amount insured by it upon property or interests 
in this commonwealth, and the premiums and assessments 
upon such insurance charged on contracts made by it or its 
agents in this commonwealth during the year ending on 
the preceding thirty-first day of December. For cause, the 
tax commissioner may extend the time within which any 
such statement may be filed, but not to a date later than the 
first day of March. Such returns shall state the whole 
amount of premiums charged by or in behalf of said com- 
pany, association or partnership, either in cash or in notes 
absolutely payable, the amount claimed as a deduction 
therefrom under any of the provisions of this part, and also 
the classes of deductions and the amount of each class: 
'provided, however, that the first return to be made after the 
passage of this act shall be made not later than the thirtieth 
day of September, in the year nineteen hundred and seven- 
teen, and shall include the statements required by this section 
for the three months beginning with the first day of October, 
in the year nineteen hundred and sixteen, and ending on 
the thirty-first day of December, in the year nineteen hun- 



Time for 
filing may 
be extended. 



Proviso. 



General Acts, 1917. — Chap. 105. 91 

dred and sixteen; and thereafter returns shall be made in 
the month of January for the year ending on the preceding 
thirty-first day of December. 

Section 2. Section ninety-three of chapter five hundred i?c.'';amended. 
and seventy-six of the acts of the year nineteen hundred and 
seven, as amended in the first paragraph thereof by chapter 
one hundred and seventy of the acts of the year nineteen 
hundred and eight, and by chapter four hundred and twenty- 
nine of the acts of the year nineteen hundred and eleven, is 
hereby further amended by striking out the second para- 
graph beginning with the words "Every agent" in the 
twenty-second line and ending with the words "premiums 
received" in the fortieth line. 

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

Approved March 22, 1917. 



An Act relative to pay of officers and enlisted men (Jliar) 105 

OF THE VOLUNTEER MILITIA AND TO MILITIA ALLOW- 
ANCES. 

Be it enacted, etc., as follows: 
Section 1. Chapter six hundred and four of the acts of isos, 604, § 173, 

. 1111-1 11- • ^^^■' amended. 

the year nmeteen hundred and eight, as amended m section 
one hundred and seventy-three by chapter five hundred 
and thirty-two of the acts of the year nineteen hundred and 
thirteen, and by section one of chapter three hundred and 
fifty of the acts of the year nineteen hundred and fourteen, 
is hereby fm-ther amended by striking out said section one 
hundred and seventy-three and inserting in place thereof 
the following: — Section 173. (a) There shall be allowed Pi'y^°?^''«" 

I'll' rr^ PI 1 ... "' *"^ volun- 

and paid per diem to orncers of the volunteer militia, on teermiutia. 
rolls and accounts in such form as the commander-in-chief 
may prescribe, for the duty prescribed in sections one hun- 
dred and forty-one, one hundred and forty-two, one hundred 
and fifty-one, one hundred and fifty-two and one hundred 
and sixty, the same per diem pay and allowances as are re- 
ceived by officers of like grade in the regular army, navy or 
marine corps. 

(b) There shall be allowed and paid per diem to soldiers Pay to soldiers, 
of the volunteer militia on rolls and accounts in such form volunteer^ 
as the commander-in-chief may prescribe for the duty pre- ™'''*^- 
scribed by sections one hundred and forty-one, one hundred 
and forty-two and one hundred and sixty as follows: — non- 



92 



General Acts, 1917. — Chap. 105. 



Same subject. 



Pay to soldiers, 
etc., for certain 
duty. 



ProviBO. 



Pay aa witness, 
etc., under 
summons. 



Allowance for 
horses and 
draft animals. 



commissioned staff officers, and petty officers of correspond- 
ing rank or rating in the naval militia, three dollars and 
five cents; bandsmen, four dollars and fifty-five cents; 
cooks, and in the naval militia cooks, first class, bakers, 
first class, cabin steward, cabin cook, ward room steward, 
ward room cooks, steerage stew^ard, and steerage cooks, 
three dollars and fifty-five cents, if, in such form as the 
commander-in-chief prescribes, it is certified and made to 
appear that in each case the duty of superintending and 
assisting in the preparation of the food of the company 
was actually performed by the cook, baker, or steward in 
person during the tour of duty or day of duty for which he 
is returned for pay; otherwise, the pay of other enlisted 
men of like grade; and every other enlisted man, one dollar 
and fifty-five cents. 

(c) There shall be allowed and paid per diem to soldiers 
of the volunteer militia, except bandsmen and cooks, on 
rolls and accounts in such form as the commander-in-chief 
may prescribe, for the duty prescribed by sections one hun- 
dred and fifty-one and one himdred and fifty-two, the same 
per diem pay and allowances as are received by soldiers 
of like grade in the regular army, navy or marine corps. 
Bandsmen and cooks shall receive the same per diem pay 
for this duty as is provided for bandsmen and cooks under 
the preceding paragraph of this section: i^rovidcd, that the 
pay to soldiers for services under sections one hundred and 
fifty-one and one hundred and fifty-two, as hereinbefore 
allowed, shall not be construed as being in adtlition to pay 
of equal amount which may be allowed from federal funds. 

(d) For all other duty under orders of the commander- 
in-chief, unless otherw^ise specially provided, or as a witness 
or defendant under summons, as provided in section one 
hundred and eighty-five, there shall be allowed and paid 
per diem to all officers above the rank, or equivalent naval 
rank, of captain, four dollars; to every other commissioned 
officer, two dollars and fifty cents; to every member of a 
band, three dollars and fifty-five cents, and, if with troops, 
one dollar additional; and to every enlisted man, one dollar 
and fifty-five cents. 

(e) There shall be allowed for each horse actually used 
and fm-nished by officers and soldiers authorized to be 
mounted, and for each draft animal used, a sum not exceed- 
ing foiu" dollars a day, which shall be in full for keeping and 
forage, except that when forage is furnished in kind, as 



General Acts, 1917. — Chap. 105. 93 

provided in section one hundred and seventy, the cost of the 
same shall be deducted from this allowance. 

(f) In addition to the pay herein specified, each member Allowance, 
of a band and each enlisted man shall receive forty-five subsistence. 
cents per diem, in lieu of subsistence, except as is provided 

in section one hundred and seventy-six. 

(g) All sums specified as pay for officers and enlisted men Sums, how 
under this section shall be paid from the appropriation for ^^^ 

pay and allowances for the militia. 

Section 2. Chapter six hundred and four of the acts loos, 604, § 177. 
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 and by chapter eighty-six of the General Acts 
of the year nineteen hundred and sixteen, is hereby further 
amended by striking out said section one hundred and 
seventy-seven and inserting in place thereof the following: 
■ — Section 177. There shall annuallv be allowed and paid Allowances 

. . . „ . for sundry 

for postage, prmtmg, stationery, care of property, equip- military 
ment, military expense including clerical assistance, to each 
brigade and naval brigade headquarters, one hundred and 
fifty dollars; to each regimental headquarters, twelve hun- 
dred dollars, and fifty dollars for every company in the 
command; to each administrative naval battalion, twelve 
hundred dollars, and fifty dollars for every company in the 
command; t(i headquarters of a squadron of cavalry, six 
hundred dollars ; to the first corps of cadets, six hundred dol- 
lars; and to each company or division, five hundred dollars, 
and five dollars for each enlisted man attached thereto 
or enrolled therein, not exceeding the maximum enlisted 
strength allowed by law. There shall annually be allowed 
and paid to each lieadquarters, 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 regi- Allowances 
mental, separate battalion, squadron, corps and each naval equipments, 
battalion 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 



94 General Acts, 1917. — Chap. 106. 

arms, equipments, uniforms and quarters of the headquarters 
or company, the sum of one hundred and twenty-five dollars. 
Repeal. SECTION 3. So much of section one hundred and sixty- 

two of chapter six hundred and four of the acts of the year 
nineteen hundred and eight, as amended by section one of 
chapter five hundred and ninety-four of the acts of the year 
nineteen hundred and eleven, as provides for state pay for 
rendezvous drill, and 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, by section one of chapter 
three hundred and ninety-nine of the acts of the year nine- 
teen hundred and twelve, and by section one of chapter six 
hundred and six-ty-four of the acts of the year nineteen 
hundred and thirteen, as provides for an annual allowance 
for the care of and responsibility for military property of 
the commonwealth are hereby repealed. 
Section 4. This act shall take eflPect upon its passage. 

Approved March 22, 1917. 

Chap.lOQ An Act relative to the lihting of voters in the city 

OF CHELSEA. 

Be it enacted, etc., as folloics: 

etc^'a^mended Section 1. Scctiou fifteen of chapter eight hundred and 
thirty-five of the acts of the year nineteen hundred and 
thirteen, as amended by section one of chapter ninety-one 
of the General Acts of the year nineteen hundred and fifteen, 
and by section one of chapter twenty-nine of the General 
Acts of the year nineteen hundred and seventeen, is hereby 
further amended by inserting after the word "Boston", 
wherever it occurs, the words : — and Chelsea, — so as to 

Assessors to read as follows : — Section 15. The assessors, assistant as- 

make lists of i? j^i i 11 11 • a m 

male persons sessors, or onc or more or them, shall annually, m April or 

tax excep't m " May, visit cvcry building in their respective cities and towns 

cheisea^'^*^ and, after diligent inquiry, shall make true lists containing, 

as nearly as they can ascertain, the name, age, occupation 

and residence, on the first day of April in the current year, 

and the residence on the first day of April in the preceding 

year, of every male person twenty years of age or upwards, 

residing in their respective cities and towns, liable to be 

To make lists asscsscd for a poll tax; and, except in Boston and Chelsea, 

vot'^rr^° shall inquire at the residences of the women voters whose 



General Acts, 1917. — Chap. 106. 95 

names are contained in the list transmitted to them by the 
registrars under the provisions of section forty-four whether 
such women voters are resident thereat, and shall thereupon 
make true lists of the women voters found by them. 

Any inmate of the Soldiers' Home in the city of Chelsea inmates of 
shall have the same right as any other resident of that city mayb^as^esTed 
to be assessed and to vote therein. chiilea^ '"^ 

The assessors shall, upon the personal application of an Assessors to 
assessed person for the correction of any error in their andTuVpfy" 
original lists, and whenever informed of any such error, omissions. 
make due investigation, and, upon proof thereof, correct 
the same on their books. When informed of the omission 
of the name of a person who is averred to have lived in the 
city or town on the first day of April in the current year, 
and to have been assessed there in the preceding year, they 
shall make due investigation, and, upon proof thereof, sup- 
ply the omission on their books, and, except in Boston and 
Chelsea, give immediate notice thereof to the registrars of 
voters. They shall cause all applications, certificates and ^t^'^'io'^be"^' 
affidavits received by them under this section to be preserved preserved for 

„ ^ two years. 

tor two years. 

Section 2. Section sixteen of said chapter eight hundred Itf/amMdld 
and thirty-five, as amended by section two of said chapter 
ninety-one, and by section two of said chapter twenty- 
nine, is hereby further amended by inserting after the word 
"Boston", the words: — and Chelsea, — so as to read as 
follows: — Section 16. The assessors, except in Boston and Boston Ind 
Chelsea, shall from time to time, and before the fifteenth cheisea, aa- 

. . . sessors to 

day oi J une m each year, transmit to the registrars or voters, transmit to 
the lists made as provided in the preceding section, or certified collectors Usts, 
copies thereof, and shall promptly transmit to the registrars 
and to the collector of taxes notice of every addition to and 
correction in the lists made by them. Every assessor, as- 
sistant assessor and collector of taxes shall furnish all in- . 
formation in his possession necessary to aid the registrars 
in the performance of their duties. 

Section 3. Section seventeen of said chapter eight hun- i9i3, 835, § i7, 
dred and thirty-five, as amended by section three of said 
chapter ninety-one, and by section three of said chapter 
twenty-nine, is hereby further amended by inserting after 
the word "Boston", the words: — and Chelsea, — so as to 
read as follows: — Section 17. The assessors of cities, except Assesaoraof 
in Boston and Chelsea, shall, on or before the fifteenth day Bo'stonand 
of June in each year, and the assessors of towns having over ^rtiin\owls 



96 



General Acts, 1917. — Chap. 106. 



to prepare 
street lists, etc. 



Lists of assessed 
pKills to be 
posted in cer- 
tain towns. 



May be 

arranged 
alphabetically 
in certain 
towns. 



1913, 835, § 18. 
etc., amended. 



Form and con- 
tents of street 
lists. 



1913, 835, § 19, 
etc., amended. 



Assessment of 
persons not 
previously 
assessed. 



five thousand inhabitants according to the latest census, 
state or national, shall, on or before the first day of July in 
each year, prepare street lists containing the names of all 
persons assessed by them for poll taxes for the current year. 
Such lists for cities and for towns divided into voting pre- 
cincts shall be arranged by voting precincts. They shall 
print such lists in pamphlet form, shall deliver to the regis- 
trars as many copies thereof as they may require, and shall 
hold the remaining copies for public distribution. In all 
other towns they shall, on or before the first day of July in 
each year, cause lists of all persons assessed therein for poll 
taxes to be prepared and conspicuously posted in two or 
more public places in every such town. In towns not divided 
into voting precincts such lists may be arranged alpha- 
betically, according to the names of the persons on the list, 
or by streets. 

Section 4. Section eighteen of said chapter eight hun- 
dred and thirty-five, as amended by section four of said 
chapter ninety-one, and by section fom* of said chapter 
twenty-nine, is hereby further amended by inserting after 
the word "Boston", the words: — and Chelsea, — so as to 
read as follows: — Section 18. Except in Boston and 
Chelsea, the assessors shall name or designate in such street 
lists all buildings used as residences, in their order on the 
street where they are located, by giving the number or 
other definite description of each building so that it can be 
readily identified, and shall place opposite to or under each 
number or other description of a building the name, age and 
occupation of every person residing therein on the first day 
of April of the current year and assessed for a poll tax, and 
his residence on the first day of April of the preceding year. 

Section 5. Said chapter eight hundred and thirty-five, 
as amended in section nineteen by section five of said chapter 
ninety-one, and by section five of said chapter twenty-nine, 
is hereby further amended by striking out said section nine- 
teen, and inserting in place thereof the following: ^ — Section 
19. If a male person resident in a city or town, except 
Boston and Chelsea, on the first day of April was not as- 
sessed for a poll tax, he shall, in order to establish his right 
to assessment, present to the assessors before the close of 
registration a statement under oath that he was on said 
day a resident of such city or town and liable to pay a poll 
tax therein, and a list under oath of his polls and estate and 
shall also produce before the assessors two witnesses who 



General Acts, 1917. — Chap. 106. 97 

shall testify, under oath, that they are voters of the ward 
or town in which such person desires to be registered and 
that the statement of the applicant is true. 

A male person who becomes a resident of a city or town, Certain 
except Boston and Chelsea, after the first day of April and llesi'dng to be 
desires to be registered as a voter shall present to the as- prestnt'^a *° 
sessors a statement under oath that he has been a resident of statement to 

assessors, etc. 

such city or town for six months immediately preceding the 
election at which he claims the right to vote, and shall pro- 
duce before the assessors two witnesses, who shall testify 
under oath that they are voters of the ward or town in which 
such person desires to be registered and that the statement 
of the applicant is true. If the assessors are satisfied that 
such statement is true, they shall, in the first case, assess 
the applicant for his polls and estate and giVe him a certificate 
of assessment, and in the second, give him a certificate that 
he has been a resident in such city or town f<ir the six months 
preceding the election, and shall forthwith notify the regis- 
trars of voters of the city or town, if in this commonwealth, 
where such person resided on the first of April, that they 
have given such certificate. 

Section 6. Section twenty of chapter eight hundred and ^n^g'^^jlfj ^ ^''• 
thirty-five of the acts of the year nineteen hundred and 
thirteen, is hereby amended by inserting after the word 
" Boston", in the first line, the words: — and Chelsea, — so 
as to read as follows: — Section 20. The assessors, except Record of per- 
in Boston and Chelsea, shall enter the name and residence L^beTe^pt^ 
of each person thus assessed or certified in a book provided 
for that purpose, and opposite to each name, the names, 
occupations and residences of the persons who have testified 
as above provided. 

In every place where voters are registered, the registrars. Copies of 
in Boston the election commissioners, and in every place prescribing 
where oaths are administered as required by this act the post^jd'"' *° ^^ 
assessors, shall post in a conspicuous place a copy of sections 
four himdred and sixty and four hundred and sixty-two 
printed on white paper with black ink, in type not less 
than one quarter of an inch wide. 

Section 7. Section forty-six of said chapter eight hun- lois, 835, § 46, 
dred and thirty-five, as amended by section six of said chap- ^ ^" ^^^^^ 
ter ninety-one, by section one of chapter eighty-seven of 
the General Acts of the year nineteen hundred and sixteen, 
and by section six of said chapter twenty-nine, is hereby 
further amended by inserting after the word "Boston", 



98 



General Acts, 1917. — Chap. 106. 



Male applicant 
to present tax 
bill or cer- 
tificate, etc. 



in 



Listing board 
in Chelsea, how 
constituted. 



To make lists 
of male 
persons, etc. 



/?^^-Jff 



Buildings used 
as residences 
to be desig- 
nated, etc. 



To make lists 
of women 
voters. 



the words : — and Chelsea, — so as to read as follows : — 
Section 40. Every male applicant for registration, except in 
Boston and Chelsea, 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 i-esident 
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. 

Section 8. There is hereby established in the city of 
Chelsea a listing board composed of the chief of police of 
said city and the board of assessors ex ofRciis. In case of a 
tie vote or other disagreement in said board, the presiding 
justice of the police court of Chelsea, or in case of his dis- 
ability, the senior associate justice of said court who is not 
disabled, shall, for the purpose of settling the disagreement, 
or breaking the tie vote, be a member of said board and shall 
preside and cast the deciding vote. 

Section 9. The listing board shall, within the first seven 
week days of April in each year, by itself or by police officers, 
visit every building in said city, and, after diligent inquiry, 
make true lists, arranged by streets, wards and voting pre- 
cincts, and containing as nearly as the board can ascertain, 
the name, age, occupation and residence on the first day of 
April in the current year, and the residence on the first day 
of April in the preceding year, of every male person, twenty 
years of age or upward, who is not a pauper in a public 
institution, residing in the city. The said board shall desig- 
nate in such lists all buildings used as residences by such 
male persons, in their order on the street where they are 
situated, by giving the number or other definite description 
of every such building so that it can readily be identified, 
and shall place opposite the number or other description of 
every such building the name, age and occupation of every 
such male person residing therein on the first day of April 
in the current year, and his residence on the first day of 
April in the preceding year. The board shall also inquire at 
the residences of the women voters whose names are contained 
in the list prepared by the registrars of voters, under the 
provisions of section forty-four of chapter eight hundred 
and thirty-five of the acts of the year nineteen hundred and 
thirteen, and which shall be transmitted by said registrars 



General Acts, 1917. — Chap. 106. 99 

to the listing board before the first day of April in each 
year, whether such women voters are resident thereat, and 
shall thereupon make true lists of the women voters found 
by them. If in any year the chief of police shall believe it cwef of police 
to be impracticable, because of any public exigency requiring further time 
unusual service from the police force of the city, to complete I^ry^e'tc!'^^" 
within the first seven week days of April the said visitation, 
and to transmit to the registrars of voters on or before the 
eighteenth day of April the lists described in this section, 
he shall have authority, after giving notice in writing to 
the listing board, to take such further time for such visita- 
tion and transmission, not exceeding ten week days, as he 
shall deem necessary. 

The board shall place in the lists made by it, opposite Names of 
the name of every such male person or woman voter, the b°e g^ivcmleta 
name of the inmate, owner or occupant of the building, or 
the name and residence of any other person, who gives the 
information relating to such male person or woman voter. 
Where such information is given by one person relating 
to more than one such male person or woman voter resid- 
ing in one building, ditto marks may be used in the said 
lists under the name of the person giving the information, 
after his name has once been placed opposite the name of 
such male person or woman voter first written down as re- 
siding in the building. 

The board shall, upon the personal application of a person To correct 
listed for the correction of any error in their lists, or when- Hsts[etc, 
ever informed of any such error, make due investigation, 
and upon proof thereof correct the same on their lists, and 
shall immediately notify the registrars of voters of such cor- 
rection, who shall correct their copies of said lists accord- 
ingly and proceed to revise and correct the registers under 
the provisions of section fifty-one of said chapter eight hun- 
dred and thirty-five. The board shall cause all applications Applications, 
and affidavits received by it under this section to be pre- preserved for 
served for two years. *"° ^'^'■^■ 

Section 10. The board shall, on or before the eighteenth To transmit 
day of April in each year, transmit to the registrars of voters to registrars 
certified copies of those parts of the lists prepared as pro- ?!J!'rt*' ^**'" "3 

vided in the preceding section, containing the name, age, />^ 3« JVr*^ ^' 
occupation and residence on the first day of April in the 
current year, and the residence on the first day of April in 
the preceding year, of every male person, twenty years of 
age or upward residing in said city, and shall promptly 



100 General Acts, 1917. — Chap. 106. 

transmit to the registrars of voters notice of every addition 
to and correction in the lists made by it. The board shall 
furnish all information in its possession necessary to aid the 
registrars in the performance of their duties, 
^Hifted copies Section 11. The board shall, on or before the first day 
of usts, etc. of June in each year, prepare printed copies of the lists pre- 
w^^^/ii^.U, P^red for the use of the registrars of voters. The board 
shall print such lists in pamphlet form by precincts, deliver 
to the registrars of voters as many copies thereof as they 
may require, and hold the remaining copies for public distri- 
bution. 
i-istingof Section 12. If a male person, twenty years of age or 

previously Upward, resident in Chelsea on the first day of April, was 
not listed by the board, he shall, in order to establish his 
^'^^S«^<^«i^ right to be listed, appear before the board of assessors at 
such time as it may designate, the members of which are 
hereby authorized to administer oaths for this purpose, and 
present under oath a statement in writing that he Avas on 
said day a resident of said city, giving his name, age, occupa- 
tion and residence on the first day of April in the current 
year, and his residence on the first day of April in the pre- 
ceding year. 
Certain \ male pcrsou, twenty vears of age or upward, who be- 

persons desiring -t ' .,*'.* „ in i n* -i i 

to be listed to comes a resident of said city after the hrst day or April, and 

statement in dcsircs to bc Hstcd, shall a])pear before any member of the 

writing, etc. i^Qy^i-fl gf asscssors, who is hereby authorized to administer 

oaths for this purpose, and present under oath a statement 

in writing that he became a resident of said city at least six 

months immediately preceding the election at which he 

claims the right to vote, giving his name, age, occupation 

and residence on the above date, and his residence on the 

first day of April in the preceding year. 

Board of jf tj^g board of assessors, after investigation, is satisfied 

assessors to .iii-ii' 

give certificate that such statcmcuts ai'c true, it shall give the applicant a 
cases. certificate that he was a resident of said city on said first 

day of April, or a certificate that he became a resident at 
least six months immediately preceding the election, as the 
case may be, which certificate shall state his name, age, 
occupation and residence on the first day of April in the 
current year or on the above date, as the case may be, and 
his residence on the first day of April in the preceding year; 
but no such application shall be received later than the 
thirtieth day preceding a state or a municipal election, and 
no such person shall be listed or be given such certificate 



General Acts, 1917. — Chap. 106. 101 

later than the twenty-first day preceding the state or mu- 
nicipal election. The board shall also forthwith transmit to 
the registrars of voters the names of all persons receiving 
such certificates, together with their residence on the first 
day of April in the current and in the preceding year. The 
board shall not, after the last day for making the said appli- 
cation before a state election, receive an application until 
after the election. 

In every place where oaths are administered for the purpose Copy of lawa 
of listing, the board of assessors shall post in a conspicuous pe^itierto be 
place a copy of section four hundred and sixty of said chapter po^t^d. 
eight hundred and thirty-five, printed on white paper with 
black ink, in type not less than one quarter of an inch wide. 

Section 13. The board of assessors shall enter the date Record of 
of application,, the name, age, occupation and residence on to be^kept" etc. 
the first day of April in the current year, and the residence I^Ah* '^itu^ (< 
on the first day of April in the preceding year, of every such ' 

applicant, as above provided, together with the result of 
its investigation of his application in a book provided for 
that purpose, which shall be open for pul^lic inspection. 
The board shall cause to be printed in some newspaper pub- 
lished in Chelsea, the name and residence of every such ap- 
plicant. The names and residences of the applicants shall 
be printed by wards and precincts within two days after 
the number of names of applicants, not printed, reaches fifty; 
and on the day when that number is reached, the names 
to be printed within the said two days shall include the 
names of all such applicants up to the close of business for 
this purpose in the office of the board on the said day. 

Section 14. The board of assessors shall keep its office sessions of 
open during such hours as shall be necessary to carry out ^^^^^^°yf- ,^ ^ -^ 
the provisions of the preceding two sections. "-"0*f*r "* 

Section 15. The registrars of voters shall, after the Annual register, 
first day of April in each year, prepare an anmial register ment?etT^°^^ 
containing the names of all qualified voters in Chelsea for 
the current year, beginning with the first day of April. 
The names shall be arranged by wards and precincts and, 
opposite the name of each voter, shall be entered his residence 
on the preceding first day of April or any subsequent day 
when he became a resident of said city. The registrars of 
voters shall enter in the annual register every name con- 
tained in the lists, for the current year, of persons trans- 
mitted to them by the listing board, giving, as the residence 
of each person on the first day of April, the place at which 



102 



General Acts, 1917. — Chap. 106. 



Proviso. 



Registrar? to 
make inquiries, 
investigations, 
etc. 



To send notice 
to male and 
female voters 
whose names 
have not been 
entered in 
annual regis- 
ter. 



Registration, 
personal appli- 
cation, neces- 
sary in certain 
cases. 



1913, 835, § 436, 
etc., amended. 



Penalty on 
listing board 
or police officer 
in Boston or 
Chelsea. 



1913, 835, § 458, 
etc., amended. 



he was listed by said board; and likewise the name and 
residence, as aforesaid, of every woman voter whose name 
is contained in the list of women voters transmitted to them 
under this act: provided, that in every case they are able 
to identify the name so transmitted as that of a man or 
woman whose name was borne on the voting list of said 
city at the last preceding election. They shall make all 
inquiries and investigations necessary to identify such per- 
son, and they shall not enter in the annual register the 
name of a person objected to by any of the registrars of 
voters, until such person has been duly notified and given 
an opportunity to be heard by them, and shall have appeared 
and satisfied them of his right to have his name so entered. 
They shall forthwith enter in the annual register the name 
of every person whose qualifications as a voter have been 
determined by them in the current year and whose name 
has accordingly been entered in the general register. They 
shall, on or before the first Monday of August in each year, 
send notice in writing by mail to each male and female 
voter of the preceding year whose name has not been entered 
in the annual register of the current year that his name has 
not so been entered. They shall, before the first day of 
April in each year, transmit to the listing board a list of the 
women voters whose names are contained upon the register 
of the preceding year, with their residences, as they appear 
on said register. 

Section 16. Every person, male or female, whose name 
has not been entered in the annual register in accordance 
with the preceding section, shall, in order to be registered 
as a voter, apply in person for registration and prove that 
he is qualified to register. 

Section 17. Section four hundred and thirty-six of said 
chapter eight hundred and thirty-five, as amended by section 
eight of said chapter ninety-one, and by section thirteen of 
said chapter twenty-nine, is hereby further amended by in- 
serting after the word "Boston", the words: — ^ or Chelsea, 
— so as to read as follows : — Section 436. A member of 
the listing board or a police officer in Boston or Chelsea who 
knowingly enters on any list of male persons or women 
voters, or causes, or allows to be entered thereon, or reports 
the name of any person as a resident of a building, w^ho is 
not a resident thereof, shall for each offence be punished by 
imprisonment for not more than one year. 

Section 18. Section four hundred and fifty-eight of 
said chapter eight hundred and thirty-five, as amended by 



General Acts, 1917. — Chap. 106. 103 

section nine of said chapter ninety-one, and by section 
fourteen of said chapter twenty-nine, is hereby further 
amended by inserting after the word "Boston", the words: 

— or Chelsea, — so as to read as follows : — Section 4^8. Penalty for 
Whoever in Boston or Chelsea, being an inmate of a building true name or 
and a male resident twenty years of age or upward, refuses Bost^^ol"'^ "* 
or neglects to give his true name, when asked by a member Chelsea. 

of the listing board or a police officer acting under this act, 
or whoever, being an owner or occupant of a building, or a 
clerk, superintendent, manager or other person having in 
charge the affairs of a hotel or lodging house, refuses or 
neglects to give the full and true information within his 
knowledge relating to all persons residing in such building, 
when asked by a member of the listing board or a police 
officer acting under this act, shall be punished by imprison- 
ment for not more than three months. 

Section 19. Section four hundred and fifty-nine of said etf 'amendtd^' 
chapter eight hundred and thirty-five, as amended by 
section ten of said chapter ninety-one, and by section fifteen 
of said chapter twenty-nine, is hereby further amended by 
inserting after the word " Boston", the words: — or Chelsea, 
— - so as to read as follows : — Section 459. Whoever know- Penalty for 
ingly gives to an assessor or assistant assessor, for the purpose no^?rl^dSt.°^ 
of the assessment of a poll tax, or in Boston or Chelsea to a 
member of the listing board or a police officer, for the pur- 
pose of making a list of male residents twenty years of age 
or upward or women voters or a report under this act, the 
name of any person as a resident of a building, who is not a 
resident therein, shall be punished by imprisonment for not 
more than one year. 

Section 20. Section four hundred and sixty of said ltc!'a^mendtd°' 
chapter eight hundred and thirty-five, as amended by section 
eleven of said chapter ninety-one, and by section sixteen of 
said chapter twenty-nine, is hereby further amended by 
inserting after the word "Boston", the words: — or Chelsea, 

— so as to read as follows : — Section 4^0. Whoever know- Penalty for 
ingly or wilfully makes a false affidavit, takes a false oath or oath or '^" ' 
signs a false certificate relative to the qualifications of any 'certificate. 
person for assessment or registration, or in Boston or Chelsea 

for being listed, shall be punished by imprisonment for not 
more than one year. 

Section 21. Section fifty-seven of Part II of chapter ion, eso, §57, 
six hundred and eighty of the acts of the year nineteen ^ *^ ' '^"^" 
hundred and eleven, as amended by section one of chapter 
five hundred and eight^^-three of the acts of the year nine- 



104 General Acts, 1917. — Chap. 107. 

teen hundred and thirteen, and by section four of chapter 
five hundred and ninety-two of the acts of the year nineteen 
hunch'ed and fourteen, is hereby further amended by striking 
out tlie words "five assistant assessors, one from each ward 
who shall perform such duties as the board of assessors may 
prescribe", in the fifteenth and sixteenth lines, — so as to 
Administrative read as foUows: — Section 57. The board of aldermen shall 
t^nrremwai, clcct, may removc and shall fix the salary, if any, of all ad- 
^'*'- ministrative officers of the city, except as is otherwise pro- 

vided in this act. There shall be the following administrative 
officers, who shall perform the duties by law prescribed for 
them, respectively, and such further duties, not inconsistent 
with the nature of their respective offices and with general 
laws, as the board of aldermen may prescribe: a city clerk; 
a city treasurer, who may be collector of taxes; a city 
auditor; a city solicitor; a city messenger; a city physician; 
a city engineer, who shall be superintendent of streets and 
sewers, and who shall have the powers of survej^ors of high- 
ways and all the powers of road commissioners not herein 
otherwise conferred; a board of assessors, consisting of 
three persons; a water commissioner; a board of park com- 
missioners, consisting of five persons^ a board of registrars 
of voters, consisting of three persons; a board of trustees of 
the public library, consisting of six persons; a board of 
trustees of the soldiers' burial lot, consisting of three persons; 
a board of commissioners of sinking funds, consisting of 
three persons; a board of overseers of the poor, consisting 
of three persons; a board of health, consisting of three per- 
sons, one of whom shall be a physician; a superintendent 
of public buildings, who shall be inspector of buildings; a 
superintendent of fire alarms, who shall be inspector of wires; 
a clerk of committees; a chief of police; a chief engineer 
of the fire department. 
Section 22. This act shall take effect upon its passage. 

Apj^roved March 22, 1917. 

Chap. 107 An Act to authorize the payment of burial bene- 
fits TO members of fraternal beneficiary corpora- 
tions. 

Be it enacted, etc., as follows: 
Frateraai SECTION 1. Any fraternal beneficiary corporation au- 

corporations tfiorlzcd to transact business in this commonwealth may 
burial benefits ijrovidc iu its bv-laws that a part of the amount payable as a 

to members. ^ 



General Acts, 1917. — Chaps. 108, 109. 105 

death benefit may be used to pay the funeral expenses of 
the insured: provided, that the amount so paid shall not Provisos, 
exceed one hundred dollars and shall be deducted from 
the amount payable as a death benefit; and provided, ftirther, 
that this act shall not affect the rights of those corporations 
subject to section twenty-nine b of chapter six hundred and 
twenty-eight of the acts of the year nineteen hundred and 
eleven, and amendments thereof. 
Section 2. This act shall take effect upon its passage. 

Approved March 22, 1917. 



An Act to authorize fraternal benefit societies to (J^^^ iQg 

GRANT WITHDRAWAL EQUITIES. 

Be it enacted, etc., as folloivs: 

Subsection two of section five of chapter six hundred and (oj^'amended 
twenty-eight of the acts of the year nineteen hundred and 
eleven is hereby amended by inserting after the word "pro- 
tection", in the sixth line, the words: — or such withdrawal 
equities, — so as to read as follows: — Subsection 2. Any Fraternal 
society which shall show by the annual valuation hereinafter Societies 
provided for that it is accumulating and maintaining the "^hd^rTwai 
full reserve required by a table of mortality not lower than equities. 
the American Experience Table and four per cent interest, 
may grant to its members such extended or paid-up pro- 
tection or such withdrawal equities as its constitution and 
laws may provide: provided, that such grants shall be equi- Proviso, 
table, and shall in no case exceed in value the portion of 
the reserve derived from the payments of the individual 
members to whom they are made. 

Approved March 22, 1917. 



An Act relative to the tabulation of the returns fh^j. inn 
OF votes on certain questions submitted to the 

VOTERS. 

Be it enacted, etc., as follows: 

Section 1. Section three hundred and nine of chapter 1913, 83s, § soo, 
eight hundred and thirty-five of the acts of the year nineteen '^'"®°'*^^- 
hundred and thirteen is hereby amended by inserting after 
the word "officers", in the tenth line, the words: — to- 
gether with the records of votes cast on any question sub- 
mitted by statute to the voters in any senatorial or repre- 



106 



General Acts, 1917. — Chap. 109. 



Returns of 
votes to be 
transmitted to 
the secretary 
of the com- 
monwealth. 



Returns of 
votes to 
county com- 
missioners and 
clerks of 
courts, etc. 



For register 
of deeds in 
Chelsea, 
Revere and 
Winthrop. 

For county 
commissioners, 
etc., in Revere 
and Winthrop, 
etc. 



1913, 835, § 312, 
amended. 



Examination 
of returns of 
votes. 



sentative district or in two or more cities or towns, said 
record shall be, — and by inserting after the word "for", 
in the twenty-sixth line, the words : — and questions on, — 
so as to read as follows : — Section 309. The clerk of each 
city and town, within ten days, and in Boston the election 
commissioners, within fifteen days, after the day of any 
election therein for a senator in congress, representative in 
congress, governor, lieutenant governor, councillor, secre- 
tary, treasurer and receiver general, auditor of the com- 
monwealth, attorney-general, clerk of courts, register of pro- 
bate and insolvency, sheriff, district attorney, or senator, 
or. for presidential electors, shall transmit to the secretary 
of the commonwealth copies of the records of votes for such 
officers, together with the records of votes cast on any ques- 
tion submitted by statute to the voters in any senatorial 
or representative district or in two or more cities or towns, 
said record shall be certified by the aldermen or the select- 
men, or by the election commissioners, and attested and 
sealed by the clerk or by said commissioners. The city or 
town clerk shall, within ten days after an election for county 
treasurer or register of deeds, transmit to the county com- 
missioners, and within ten days after an election therein for 
county commissioners or associate commissioners, transmit 
to the clerk of the courts the records of votes for such offi- 
cers, certified, attested and sealed as aforesaid; except that 
in Chelsea, Revere and Winthrop the records of votes for 
register of deeds shall be transmitted to the election com- 
missioners of Boston, and that in Revere and Winthrop the 
records of votes for county commissioner and associate com- 
missioners shall be transmitted to the clerk of the courts 
for the county of Middlesex. Such copies shall be trans- 
mitted in envelopes, upon which shall be stated the offices 
for, and questions on which and the districts in which the 
votes were cast. 

Section 2. Section three hundred and twelve of said 
chapter eight hundred and thirty-five is hereby amended 
by inserting after the word "offices", in the sixth line, the 
words: — and the result of the votes on any question or 
questions, — so as to read as follows: — Section 312. The 
secretary of the commonwealth shall lay before the governor 
and council the copies of the records of votes cast with their 
seals unbroken. The governor with at least five councillors 
shall, as soon as may be, open and examine all such copies 
and determine who are elected to the several offices, and the 



General Acts, 1917. — Chap. 110. 107 

result of the votes on any question or questions. Upon such Abstract for 
determination, the secretary, upon appHcation, shall furnish "'^"'^p-^p'"'''- 
to newspapers an abstract of the records of the votes exam- 
ined. 

Section 3. Section three hundred and twenty-nine of amended.^ ^"^' 
said chapter eight hundred and tliirty-five is hereby amended 
by adding at the end thereof the following: — and a duplicate 
copy thereof, sealed, to be by him transmitted to the governor 
and council; and the committee of the council tabulating 
the returns of votes shall include in their report thereon the 
number of ballots cast in a district wherein a question is 
submitted to the voters and a return thereon is made to 
the secretary of the commonwealth, — so as to read as fol- 
lows : — Section 329. The city or town clerk, in Boston the Number of 
election commissioners, shall, within fifteen days after an and^baiiotT ^ 
election of state, city or town officers, certify to the secretary tfonsTole"''" 
of the commonwealth the total number of names of male to",'je''g'*gj,re- 

and of female voters checked on the voting list at such taryofthe 
.... . Ill- common- 

election m each votmg precmct or town, and a duplicate wealth. 

copy thereof, sealed, to be by him transmitted to the governor 

and council; and the committee of the council tabulating 

the returns of votes shall include in their report thereon the 

number of ballots cast in a district wherein a question is 

submitted to the voters and a return thereon is made to the 

secretary of the commonwealth. 

Approved March 22, 1917. 

An Act providing for a meal interval of at least CJiavAXO 

FORTY-FIVE MINUTES FOR ALL WOMEN AND PERSONS UNDER 
eighteen YEARS OF AGE EMPLOYED IN FACTORIES. 

Be it enacted, etc., as follows: 

Chapter five hundred and fourteen of the acts of the i909, 5i4. § 68, 
year nineteen hundred and nine is hereby amended by Tq^ ^tr tn i i 
striking out section sixty-eight and inserting in place thereof ' ' ^ - ' 
the following: — Section 68. No woman or person under Meai intervals 
eighteen years of age shall be employed for more than six and^miSora in 
hours at one time in a factory or workshop in which five or f'*'''^""*^^- 
more such persons are employed without an interval of at 
least forty-five minutes for a meal; but such person may be 
so employed for not more than six and one half hours at 
one time if such employment ends not later than one o'clock 
in the afternoon and if he or she is then dismissed from the 
factory or workshop for the remainder of the day; or for 



108 General Acts, 1917. — Chaps. Ill, 112, 113. 

not more than seven and one half hours at one time if he 
or she is allowed sufficient opportunity for eating a lunch 
during the continuance of such employment and if such em- 
ployment ends not later than two o'clock in the afternoon, 
and he or she is then dismissed from the factory or workshop 
for the remainder of the day. Ajyproved March 22, 1,917. 

Chap. Ill An Act to require hospitals to furnish certain in- 
formation. 

Be it enacted, etc., as follows: 

^"vnrldto Section 1. Any hospital in this commonwealth render- 

furnish certain ing, or which has rendered, medical or surgical service to 

information. '^ , p •, _, i ii 

any person at the expense ot a city or town, shall, upon re- 
quest, furnish such city or town with any or all information 
which it may have or be able to secure from the patient, 
or from any person with whom it has dealt with respect 
to such person, as to the legal settlement of such patient. 
Penalty. Section 2. Any hospital failing to comply with the pro- 

visions of this act shall be subject to a fine of ten dollars for 
each offence. Approved March 22, 1917. 

Chap. 112 An Act to prohibit the charging of fees for dairy, 

MILK and live stock INSPECTION. 

Be it enacted, etc., as follows: 

?^fio?d°iry Section 1. No fee for making, under authority of law, 
miik and live any inspcctiou or test of live stock, or any inspection of any 

stock inspec- i«i iipi p»i -ii 

tion prohibited, dairy, bam or stable, tor the purpose or protecting the milk 
supply of any city or town, shall be requested or accepted 
by any official or other person making or assisting to make 
such test or inspection. 

Penalty. Section 2. Violatlou of this act shall be punished by a 

fine not exceeding fifty dollars for each offence. 

Approved March 22, 1917. 

Chap. 11"^ An Act relative to the granting of certificates to 
new insurance companies to issue policies. 

Be it enacted, etc., as folio ivs: 

Imlndld ^ "^' Section twenty-five of chapter five hundred and seventy- 
six of the acts of the year nineteen hundred and seven is 
hereby amended by striking out the said section, and in- 
Domestic serting in place thereof the following: — Section 25. No 
companies to domcstic insuraucc company shall issue policies until, upon 



General Acts, 1917. — Chap. 114. 109 

examination by the commissioner, his deputy or examiner, obtain 
it is found to have comphed with the laws of the common- before issuing 
wealth, adopted a proper system of accounting, employed p°"''®®- 
a competent accountant and a competent and experienced 
underwriter, and to be without liabilities except, if a stock 
company, to stockliolders for the amount paid in for shares 
of stock, nor until it has obtained from the commissioner a 
certificate stating that it has complied with the foregoing 
conditions and all other laws, and authorizing it to issue 
policies. Approved March 22, 1917. 



An Act to authorize the county of Norfolk to ac- (JJkjj) ]^]^4 
quire additional land for the registry of deeds 
in dedham. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of jl^^j'^^y"^ 
Norfolk are hereby authorized to purchase, or take by right acquire land 
of eminent domain, such land in the immediate vicinity of for registry of 
the registry of deeds in Dedham as may be required for the 
convenient use and preservation of the said building, and 
may expend for this purpose a sum not exceeding ten thou- 
sand dollars. 

Section 2. The cost of acquiring the said land shall be May issue 
paid from the income of the county derived from taxation 
or, if the county commissioners deem it best, they may issue 
notes or bonds for the said amount to be paid within a 
period of not more than five years from the dates of issue. 
Such notes or bonds shall be issued under the serial plan in 
the manner prescribed by chapter seven hundred and nine- 
teen of the acts of the year nineteen hundred and thirteen 
for the incurring of municipal indebtedness by cities and 
towns. 

Section 3. In case land is taken by eminent domain for Description of 
the aforesaid purpose, the said commissioners shall, within u^recol-ded." 
sixty days after such taking, file in said registry of deeds a 
description thereof sufficiently specific for iflentification, and 
in case of their inability to agree with any person sustaining 
damages by reason of said taking as to the amount thereof, 
said damages shall be determined and paid in the manner 
provided by law for the assessment and payment of damages 
sustained by the laying out of highways. 

Approved March 22, 1917. 



110 General Acts, 1917. — Chaps. 115, 116. 



Chap.115 An Act to provide for the development and statewide 

EXTENSION OF THE PSYCHOPATHIC HOSPITAL SERVICE. 

Be it enacted, etc., as follows: 

^aPex^^-^^ Section 1 . The commission on mental diseases is hereby 
sionofthe authorized to develop, extend and complete a statewide 

psychopathic i • i • i • i i i- i • 

hodpitai service, system 01 psychopathic liospital service by establishmg new 
hospital and out patient units in suitable districts in connec- 
tion with existing or future state Iiospitals inider the super- 
vision of said commission. The administration of the 
separate new district units and the appropriations granted 
therefor shall be in accordance with laws governing the state 
hospitals to which the land, buildings and furnishing of said 
units shall appertain. The direction of the scientific work 
in the proposed new units, together with that of the psy- 
chopathic department of the Boston state hospital already 
established under the provisions of chapter four hundred and 
seventy of the acts of the year nineteen hundred and nine, 
shall be vested in the commission on mental diseases by 
means of its duly appointed agents, and said commission 
shall provide, out of the appropriation for the department, 
for the salaries and wages of directing and investigative 
officers and employees and for the expenses of investiga- 
tion of the nature, causes, treatment and results of mental 
disease and defect. 
Section 2. This act shall take effect upon its passage. 

Approved March 29, 1917. 



ChapAlQi An Act relative to the expense of registering certain 

bonds and other securities. 

Be it enacted, etc., as follows: 

fe^slerfng^ Section 1. Tlic cxpeusc iuvolvcd in making the ex- 

etf^to be"'^*'" change provided for by section one of chapter one hundred 

borne by the aud tliirty-six of the acts of the year nineteen hundred and 

wealth. nine shall be borne by the commonwealth, and the blank 

form described in section one of chapter three hundred and 

seventy-seven of the acts of the year nineteen hundred and 

twelve shall be furnished, if requested, by the county, city 

or town desiring the exchange of the securities as therein 

provided. 



General Acts, 1917. — Chaps. 117, 118, 119. Ill 

Section 2. Chapter one hundred and fifty-two of the Repeal. 
General Acts of the year nineteen hundred and sixteen is 
hereby repealed. 

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

Approved March 29, 1917. 

An Act to extend the corporate powers of life in- Chav. 117 

SURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Life insurance companies incorporated in corporate 
this commonwealth are hereby authorized to make con- fifTh^su^ance 
tracts of piu-e endowment, and to grant, pm-chase and dis- exSed^'' 
pose of annuities. 

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

Approved March 29, 1917. 

An Act relative to temporary clerical assistance in C/iap.llS 

THE OFFICE OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. The secretary of the commonwealth is hereby Employment 
authorized to employ such temporary clerical assistance as cierf^P""^*'^^ 
he may deem necessary to carry out the provisions of chapter thTomceot 
ninety-eight of the General Acts of the year nineteen hun- ot'thrcom-^ 
dred and sixteen, entitled "An Act to ascertain and carry monweaith. 
out the will of the people relative to the calling and hold- 
ing of a constitutional convention", and the provisions of 
chapter nineteen of the Revised Laws and of the civil service 
rules made thereunder shall not apply to such employment. 

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

Approved March 29, 1917. 

An Act authorizing the metropolitan park commis- Chav. 11^ 
sion to expend a further sum for protecting and 

surfacing the northeastern shore of LYNN HARBOR. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission may ex- Metropolitan 
pend a sum not exceeding five thousand dollars for the ^on^may'"'^' 
purpose of completing the work of filling the flats under the gy^^or^pro!'^'^ 
control of said commission in the Lynn harbor, and of pro- tecting.etc, 
tecting said filling and surfacing, as originally authorized by harbor. 
chapter one hundred and thirty of the resolves of the year 



112 General Acts, 1917. — Chaps. 120, 121. 

nineteen hundred and thirteen and by chapter one hundred 
and sixteen of the resolves of the year nineteen hundred 
Expenditures, and sixtceu. The expenditures hereby autliorized shall be 
assessed upon the cities and towns comprising the metro- 
politan parks district for the maintenance of reservations. 
Section 2. This act shall take effect upon its passage. 

Approved March 29, 1917. 

Chap. 120 An Act inceeasing the svm that may be expended in 

RECONSTRUCTING THE ESSEX BRIDGE OVER DANVERS 
RIVER BETWEEN THE CITIES OF SALEM AND BEVERLY. 

Be it enacted, etc., as follows: 

fz^'amlnded Section 1. Scctiou three of chapter one hundred and 

thirty-two of the General Acts of the year nineteen hundred 

and sixteen is hereby amended by inserting after the word 

"hundred", in the second line, the words: — and forty, — 

Loan increased SO as to rcad as f ollows : — Scctioti 3. The expense incurred 

ing Essex'''^"'^*' uudcr tliis act shall not exceed the sum of two hundred and 

Danvera^^"^ forty thousaud dollars, and the said commissioners are hereby 

river, etc. 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 account of all moneys borrowed and expended 

under the provisions of this act, including interest. 

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

Approved March 29, 1917. 

Chap.121 An Act to provide for the extermination of the foot 

AND MOUTH DISEASE AMONG DOMESTIC ANIMALS. 

Be it enacted, etc., as follows: 
Kxterniination Section 1. All iicat cattlc and other domestic animals, 

or toot and i . i r i • i i i 

mouth disease which are affected with, or have been exposed to, foot and 
domestic moutli discasc, shall be destroyed when, in the opinion of 

the commissioner of animal industry, the public good so 
requires, and their carcasses shall be bm-ied or otherwise 
disposed of. An order for killing and for the disposal of 
carcasses shall be issued in writing by said commissioner, 
and may be directed to an agent, an inspector of animals, 



animals. 



General Acts, 1917. — Chap. 122. 113 

or other person. The said commissioner shall also issue cleansing of 
such directions for the cleansing and disinfection of buildings, "' '"^*' '^^''' 
premises and places in which foot and mouth disease exists 
or has existed, and of property which may be on or contained 
therein, as in his opinion may be necessary or expedient. 
Any property on such premises which may be, in the opinion Destruction of 
of the commissioner of animal industry or of his agents, a p^p®'"*^- 
source of contagion may be destroyed by order of the com- 
missioner. The necessary expenses inciured in carrying out 
the provisions of this section may be paid from the annual 
appropriation for the extermination of contagious diseases 
among domestic animals. 

Section 2. The commissioner of animal industry may Appraisals of 
appoint persons to make appraisals on live stock and other destroyed. 
property the destruction of which is ordered under the pro- 
visions of section one hereof, and fifty per cent of the full 
value of such live stock and other property, as determined 
by the appraisal, may be paid from the annual appropria- 
tion for the extermination of contagious diseases among do- 
mestic animals, subject, both as regards live stock and other 
property, to the rights of arbitration and petition provided 
for by section twenty-six of chapter ninety of the Revised 
Laws relative to the destruction of animals aflFected with 
tuberculosis, so far as the same may be applicable. In Payment for 
case the United States government makes an appropriation prope^rty"'^ 
for payment of a certain portion of the value of any animals "™'*«'^- 
and property destroyed in accordance with this act, the pay- 
ment by the commonwealth for such animals or property 
shall be limited to the difference between such portion and 
the full value thereof determined as herein provided. 

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

Approved March 29, 1917. 

An Act relative to returns to the public service QhaiJ. 122 

COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The annual returns now required by law to Returns to 
be made to the public service commission shall be returns commisdonr 
for the year ending on the thirty-first day of December, and '^^^^' ^^'^y — . 
shall be transmitted thereto, upon blank forms to be fur- f'^3'5--" -^^^ * 
nished by the commission, on or before the thirty-first day of 
the following March, or such subsequent date as in any case, 
for good cause shown, the commission may fix. 



114 



General Acts, 1917. — Chap. 122. 



Street railway 
companies, 
returns of, 
certain period 
of time to be 
reckoned in. 



Street railway 
companies, list 
to be certified 
to bank com- 
missioner. 



1006, 46.3 (II), 
§ 24S, amended. 



Railroad cor- 
porations to 
keep books 
and accounts. 



Section 2. In respect to returns filed by street railway 
companies, under order of the public service commission, 
for the twelve months ended on the thirty-first day of Decem- 
ber in the year nineteen hundred and sixteen, the period of 
six months from the thirtieth day of June to the thirty-first 
day of December in said year shall be deemed, under the 
provisions of section sixty-eight of chapter five hundred and 
ninety of the acts of the year nineteen hundred and eight, 
subdivision Fifth, and amendments thereof, relative to the 
investment of deposits, and the income derived therefrom, 
of savings banks in the bonds of street railway companies, 
as one of the five years therein mentioned, but the require- 
ment that dividends equal to at least five per cent upon all 
the outstanding capital stock of a street railway company 
shall have been earned and paid in cash in each of said five 
years, shall not apply to said period of six months; and any 
street railway company which shall have earned and paid 
in dividends in cash an amount equal to five per cent upon 
all its outstanding capital stock in each of the five preced- 
ing years, with the exception of said six months period, 
shall be included in the list to be certified and trans- 
mitted by the commission. The list required by the pro- 
visions of said section sixty-eight to be certified and trans- 
mitted to the bank commissioner shall, after the passage 
hereof, be so certified and transmitted on or before the 
fifteenth day of June in each year. 

Section 3. Section two hundred and forty-eight of 
Part II 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 "board of railroad commissioners", 
wherever they appear in said section, and inserting in place 
thereof the words: — public service commission, — by strik- 
ing out the word "board", wherever it occurs in said section, 
and inserting in place thereof the word : — commission, — by 
striking out the words "first Wednesday of September", in 
the seventh line, and inserting in place thereof the words: 
— thirty-first day of March, — and by striking out the 
words "thirtieth day of June", in the ninth and twenty-sixth 
lines, and inserting in place thereof the words : — thirty-first 
day of December, • — and by striking out the words "by 
them and", in the tenth and eleventh lines, so as to read as 
follows : — Section 248. A railroad corporation shall keep 
its books and accounts in the manner prescribed by the 
public service commission, and shall at all times submit its 



General Acts, 1917. — Chap. 122. 115 

books to the inspection of said commission or of a,ny com- 
mittee of the general court which may be authorized to 
inspect them; and the directors sliall annually, on or before Anmmi returns. 
the thirty-first day of March, transmit to the said com- 
mission a report of their doings for the year ending on the 
thirty-first day of December preceding, which shall be called 
the annual return and which shall be sworn to by the treas- 
urer and the chief accounting officer of the corporation. 
Such return shall state whether any fatal accident or serious 
injury has occurred to a passenger or other person upon the 
railroad during the year, and, if so, the cause of such accident 
or injury and the circumstances under which it occurred; 
shall set forth copies of all contracts or leases made with 
other railroad corporations during the year, and specify 
the receipts and expenditures under the same; and shall 
include a detailed statement of all particulars relative to the 
railroad, its business, receipts and expenditures during the 
year, in such form as shall be prescribed by said commission 
under the provisions of section twenty of Part I. The books 
of each corporation shall be so kept that returns may be 
made in exact conformity with the form so prescribed; and 
the accounts shall be closed on the thirty-first day of Decem- 
ber in each year, so that a balance sheet of that date can 
be taken therefrom and included in the return. Every rail- Penalty for 
road corporation, which neglects to make said annual re- annual return. 
turn within the time prescribed in this section, or to amend 
said return within fifteen daj's, when required by the pub- 
lic service commission as provided in said section twenty, 
shall forfeit, for every such neglect, fifty dollars for each 
day during which such neglect continues; and if such cor- 
poration unreasonably refuses or neglects to make said 
return, it shall forfeit for every such refusal or neglect not 
more than five thousand dollars. 

Section 4. Section one hundred and fifty-one of Part isoe, 4G3 cud. 
Ill of said chapter four hundred and sixty-three is hereby 
amended by striking out the words " board of railroad com- 
missioners", in the third line, and inserting in place thereof 
the words : — public service commission, — by striking out 
the word "board", wherever it occurs in said section, and 
inserting in place thereof the word : — commission, — by 
striking out the words "first Wednesday of November", in 
the fifth line, and inserting in place thereof the words : — 
thirty-first day of March, — by striking out the words 
"thirtieth day of September", in the seventh line, and in- 



116 



General Acts, 1917. — Chap. 123. 



Street railway 
companies to 
keep books and 
accounts and 
make annual 
returns. 



Penalty for 
failure to make 
return. 



Repeal. 



serting in place thereof the words : — thirty-first day of 
December, — by striking out the words " by themselves 
and", in the eighth line, by striking out the word "superin- 
tendent", in the ninth line, and inserting in place thereof 
the words : — chief accounting officer, — and by striking 
out the words "companies and individuals", in the eleventh 
line, and inserting in place thereof the words : — street 
railway companies, ^ — so as to read as follows: — Section 
151. Ever}^ street railway company shall keep its books 
and accounts in a uniform manner, upon the system pre- 
scribed by the public service commission; and the directors 
of every company shall annually, on or before the thirty-first 
day of March, transmit to said commission a return of the 
doings of the company for the year ending on the thirty-first 
day of December preceding, which shall be sworn to by the 
treasurer and the, chief accounting officer of the company. 
Such return shall set forth copies of all leases and contracts 
made during the year with other street railway companies, 
and shall contain full and complete information upon the 
several items contained in the form prescribed by said com- 
mission. A company which owns a leased railway shall be 
responsible for the completeness and correctness of its an- 
nual return to the same extent as if the railway were in 
its own possession. If a return is defective or appears to 
be erroneous, the said commission shall notify the company 
to amend it within fifteen days. A company which neglects 
to make a return, or to amend it when notified so to do, 
shall forfeit twenty-five dollars for each day during which 
such neglect continues. 

Section 5. Chapter five hundred and two of the acts of 
the year nineteen hundred and nine, as amended by chapter 
fi\'e hundred and fifty-eight of the acts of the year nineteen 
hundred and ten, is hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Approved March 29, 1917. 



Chap. 123 An Act relative to clerical assistance for the 

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY 
OF HAMPDEN. 

Be it enacted, etc., as follows: 

ancefoi-^hi^* The register of probate and insolvency for the county of 
register of Hampdcu shall be allowed, in addition to the amount now 

insolvency for allowcd by law, a sum not exceeding eight hundred dollars 



General Acts, 1917. — Chaps. 124, 125. 117 

annually for clerical assistance actually performed, to be Hampden 
paid out of the treasury of the commonwealth upon the *^°'*°*^y- 
certificate of the register, approved by the judge of probate 
and insolvency for said county. 

Approved March 29, 1917. 



Chap. 124: 



An Act to establish the office of clerk of the 

SECOND district COURT OF BARNSTABLE. 

Be it enacted, etc., as foUmvs: 

There shall be a clerk of the second district court of oUhesLS 
Barnstable, who, in accordance with the provisions of section ofy™*^!f y*^ 
one of chapter four hundred and fifty-three of the acts of estai>u.-^hed. 
the year nineteen hundred and four, shall receive an annual 
salary of seven hundred and twenty dollars, to be so allowed 
from the first day of April in the year nineteen hundred and 
seventeen. Approved March 29, 1917. 



Chap. 125 



An Act relative to the testing and sealing of 
standard weights, measures and balances of cities 
and towns. 

Be it enacted, etc., as follows: 

Section 1. At least once in ten years, or oftener if he Testing and 
deems it necessary, the standard weights, measures and bal- gtandfrd 
ances of every city and town shall be tested, adjusted and uref^n^*"^^^ 
sealed under the direction of the commissioner of weights i^jancesof 
and measures; he shall also see that such standards are kept towns. 
in good order and condition, and for that purpose may at 
any time, and shall upon request of a city or town treasurer, 
cause an inspection of the standards to be made. The com- 
missioner and his inspectors may also inspect the weights, 
measures and balances of any person, firm or corporation 
which are used for buying, selling or exchanging any 
goods, wares, merchandise or other commodity, or for pub- 
lic weighing in any city or town, and, if they find them in- 
accurate, shall forthwith inform the mayor or selectmen 
who shall cause the provisions of law relating thereto to be 
enforced. If the commissioner or an inspector discovers a Complaint, etc. 
violation of the laws, he may enter a complaint and prosecute 
the same, and for this purpose >shall have the same powers 
relative to the enforcement of all laws pertaining to weights 
and measures as are conferred upon local sealers of weights 
and measures by statute. Whoever hinders, obstructs or penalty. 



118 



General Acts, 1917. — Chaps. 126, 127. 



Repeal. 



in any way interferes with him in the performance of his 
duty shall be punished by a fine of not more than tliree 
hundred dollars, or by imprisonment for not more than 
sixty days. 

Section 2. Section nine of chapter sixty-two of the 
Revised Laws is hereby repealed. 

Ajiproved March 29, 1917. 



R. L. 162, § 5, 
etc., amended. 



C/iap.126 An Act to enable the probate court to determine 

QUESTIONS ARISING FROM OMISSION OF PROVISION FOR 
CHILDREN IN WILLS, 

Be it enacted, etc., as follows: 

Section five of chapter one hundred and sixty-two of the 
Revised Laws, as amended by chapter one hundred of the 
acts of the year nineteen hundred and ten, is hereby further 
amended by inserting after the word "wills", in the fifth 
line, the words: — including questions arising under sections 
nineteen and twenty of chapter one hundred and thirty-five 
of the Revised Laws, — so as to read as follows: — Section 
5. The probate court shall have jiu'isdiction in equity, 
concurrent with the supreme judicial court and with the 
superior court, of all cases and matters relative to the ad- 
ministration of the estates of deceased persons, to wills, 
including questions arising under sections nineteen and 
twenty of chapter one hundred and thirty-five of the Revised 
Laws, or to trusts which are created by will or other written 
instrument, of all matters relative to guardianship and con- 
servatorship, and of all matters relative to the partition of 
land so far as said probate court has jurisdiction in partition, 
including sales of land and distribution of the proceeds in 
partition proceedmgs. Such jurisdiction may be exercised 
upon petition according to the usual course of proceedings 
in the probate court. Approved March 29, 1917. 



Probate court 
may determine 
questions 
ari.sing from 
omission of 
provision for 
children in 
wills. 



Chap. 127 An Act to authorize the county of Norfolk to pur- 
chase A farm in connection with the house of 
correction at dedham. 

Be it enacted, etc., as follows: 

County o^ Section 1. The county commissioners of the county of 

purchase a Norfolk are hereby authorized to purchase, or take in fee 
Dedham. by right of eminent domain, land in said county to be used 



General Acts, 1917. — Chap. 127. 119 

as a county farm in connection with the Norfolk comity 
house of correction at Dedham, and may expend for this 
purpose a sum not exceeding twenty-five thousand dollars. 

Section 2. For the purposes aforesaid the county com- May issue 
missioners of the county of Norfolk are hereby authorized 
to borrow from time to time upon the credit of the county a 
sum not exceeding twenty-five thousand dollars, and to issue 
the bonds or notes of the county therefor. Said bonds or 
notes shall be payable in such annual payments, beginning 
not more than one year after the date of each loan, as will 
extinguish each loan within fifteen years from its date, and 
the amount of such annual payment of any loan in any year 
shall not be less than the amount of the principal of the 
loan payable in any subsequent year. Each authorized 
issue of bonds or notes shall constitute a separate loan. 
The said bonds or notes shall bear interest at a rate not 
exceeding five per cent per annum, payable semi-annually, 
and shall be signed by the treasurer of the county and 
countersigned by a majority of the county commissioners. 
The county may sell the said securities at public or private 
sale, on such terms and conditions as the county commis- 
sioners may deem proper, but not for less than their par 
value, and the proceeds shall be used only for the purposes 
herein specified. 

Section 3. The county commissioners, at the time of i^^n"^®"*^"^ 
authorizing the said loan, shall provide for the payment 
thereof in accordance with section two of this act; and a 
sum sufficient to pay the interest as it accrues on the bonds 
or notes issued as aforesaid by the county, and to make 
such payments on the principal as may be required under 
the provisions of this act, shall be levied as a part of the 
county tax of the county of Norfolk annually thereafter, in 
the same manner in which other taxes are levied, until the 
debt incurred by said loan or loans is extinguished. 

Section 4. In case land is taken by eminent domain Description of 
for the aforesaid purpose, the said commissioners shall, wdthin be recorded, 
sixty days after such taking, file in the registry of deeds 
for said county a description thereof sufficiently specific for 
identification, and in case of their inability to agree with any 
person sustaining damages by reason of said taking as to 
the amount thereof, said damages shall be determined and 
paid in the manner provided by law for the assessment and 
payment of damages sustained by the laying out of high- 
ways. Approved March 29, 1917. 



120 



General Acts, 1917. — Chap. 128. 



Chap. 128 An Act to authorize fraternal benefit societies to 

PAY death or annuity BENEFITS UPON THE LIVES OF 
CERTAIN CHILDREN. 



Fraternal 
benefit 
societies may 
pay death or 
annuity 
benefits upon 
lives of certain 
children. 



Restrictions 
on issue of 
death benefit 
certificates. 



Proviso. 



Be it enacted, etc., as follows: 

Section 1, Any fraternal benefit society authorized to 
do business in this commonwealth and operating on the 
lodge system, may provide in its constitution and by-laws, 
in addition to other benefits provided for therein, for the 
payments of death or annuity benefits upon the lives of chil- 
dren between the ages of two and eighteen years at the 
next birthday, for whose support and maintenance a mem- 
ber of the society is responsible. Any such society may at its 
option organize and operate branches for such children, and 
membership in local lodges and initiation therein shall not 
be required of such children, nor shall they have any voice 
in the management of the society. The total death ben- 
efits i)ayable as above provided shall in no case exceed the 
following amounts at ages at the next birthday at the time 
of death, respectively, as follows: two, thirty-four dollars; 
three, forty dollars; four, forty-eight dollars; five, fifty- 
eight dollars; six, one hundred and forty dollars; seven, 
one hundred and sixty-eight dollars; eight, two hundred 
dollars; nine, two hundred and forty dollars; ten, three 
hundred dollars; eleven, three hundred and eighty dollars; 
twelve, four hundred and sixty dollars; thirteen to fifteen, 
five hundred and twenty dollars; and sixteen to eighteen 
^'ears, where not otherwise authorized by law, six hundred 
dollars. 

Section 2. No death benefit certificate as to any child 
shall take eft'ect until after medical examination or inspection 
by a licensed medical practitioner, in accordance with the 
laws of the society, nor shall any such benefit certificate be 
issued unless the society shall simultaneously put in force 
at least five hundred such certificates, on each of which at 
least one assessment has been paid, nor where the number of 
lives represented by such certificate falls below five hundred. 
The death benefit contributions to be made upon such 
certificate shall be based upon the "Standard Industrial 
Mortality Table" or the "English Life Table Number Six" 
and a rate of interest not greater than four per cent per 
annum, or upon a higher standard: provided, that contribu- 
tions may be waived or. returns may be made from any 



General Acts, 1917. — Chap. 128. 121 

surplus held in excess of reserve and other liabilities, as 
provided in the by-laws; and, jnovided, finiJier, that extra Proviso. 
contributions shall be made if the reserves hereafter provided 
for become impaired. 

Section 3. Any society entering into such insurance Reserve to be 
agreements shall maintain on all such contracts the reserve '"''"*=^'"'^' ■ 
required by the standard of mortality and interest adopted 
by the society for computing contributions as provided in 
section two, and the funds representing the benefit con- 
tributions, and all accretions thereto shall be kept as separate 
and distinct funds, independent of the other funds of the 
society, and shall not be liable for, nor used for, payment of 
the debts and obligations of the society other than the 
benefits herein authorized: provided, that a society may Pro\aso3. 
provide that when a child reaches the minimum age for 
initiation into membership in such society, any benefit 
certificate issued hereunder may be surrendered for cancella- 
tion and exchanged for any other form of certificate issued 
by the society; provided, aJfto, that such surrender will not 
reduce the number of lives insured in the branch below five 
hundred, and upon the issuance of such new certificate any 
reserve upon the original certificate herein provided for shall 
be transferred to the credit of the new certificate. Neither Nomination of 
the person who originally made application for benefits on under'^^ew 
account of such child, nor the beneficiary named in such «'"^'^'fi'='*te. 
original certificate, nor the person who paid the contribution, 
shall have any vested right in such new certificate, the free 
nomination of a beneficiary under the new certificate being 
left to the child so admitted to benefit membership. 

Section 4. An entirely separate financial statement of |Xi''^*®i 
the business transactions, and of assets and liabilities arising f ^^^^re* ort 
therefrom, shall be made in its annual report to the insurance to insurance 

, . , ... •, ii> p ,1 • • comiuissioner. 

commissioner by any society availing itself of the provisions 
hereof. The separation of assets, funds and liabilities re- 
quired hereby shall not be terminated, rescinded or modified, 
nor shall the funds be diverted for any use other than as 
specified in section three, as long as any certificates issued 
hereunder remain in force, and this requirement shall be 
recognized and enforced in any liquidation, reinsurance, mer- 
ger or other change in the condition of the status of the 
society. 

Section 5. Any society shall have the right to provide specified 
in its laws and in the certificate issued hereunder for specified p"^^™®"*^- 
payments on account of the expense or general fund, which 



122 



General Acts, 1917. — Chap. 129. 



Certificate to be 
continued for 
benefit of 
child's estate. 



Proviso. 



payments shall or shall not be mingled with the general 
fund of the society as its constitution and by-laws may 
provide. 

Section 6. In case of the termination of membership in 
the society by the person responsible for the support of any 
child on whose account a certificate may have been issued, 
as provided herein, the certificate may be continued for the 
benefit of the estate of the child: provided, that the contribu- 
tions are continued, or, for the benefit of any other person 
responsible for the support and maintenance of such child 
who shall assume the payment of the required contribu- 
tions. 

{The foregoing urns laid before the governor on the twenty- 
third day of March, 1917, and after five days it had ''the force 
of a laui" , as yr escribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 



Chap. 129 An Act relative to the employment of prisoners in 

RECLAIMING AND CULTIVATING LAND. 

Be it enacted, etc., as folloics: 

Section 1. Chapter six hundred and thirty-three of the 



1913. 633, etc., 
amended. 



Employment 
of prisoners in 
reclaiming and 
cultivating 
land. 



Payment 
for labor of 
prisoners. 



acts of the year nineteen hundred and thirteen, as amended 
by chapter one hundred and eighty of the acts of the year 
nineteen hundred and fourteen, and by chapter one hundred 
and seventy-seven of the General Acts of the year nineteen 
hundred and fifteen, is hereby further amended by adding 
after section two the following new section to be numbered 
three : — Section 3. The director of prisons may purchase 
or lease land, with funds specifically appropriated therefor 
by the general court, for the purpose of improving and cul- 
tivating it by the labor of prisoners from the prison camp 
and hospital; and the director of prisons may also make 
arrangements with officials of the commonwealth and offi- 
cials of cities and towns to employ the said prisoners on 
any unimproved land, and in the construction, repair and 
care of public institutions and highways adjacent thereto. 
When prisoners are so employed they shall be in the cus- 
tody of the superintendent of the prison camp and hospital. 
There shall be paid into the treasury of the commonwealth 
monthly for the labor of any prisoners employed as above 
provided, such sums as may be agreed upon between the 
director of prisons, the superintendent of the prison camp 
and hospital and the other parties in interest. The director 



General Acts, 1917. — Chap. 130. 123 

of prisons shall annually file an estimate, at the same time Estimates 
and in the same manner as estimates for the maintenance of 
the institutions under his control are required to be filed, 
calling for an appropriation to carry out the provisions of 
this act, including the necessary services of supervision. 
Expenditures from the appropriation shall be made upon Expenditures. 
schedules, with vouchers, approved by the superintendent °"""" '^• 
and the director of prisons; but the expenditures in any 
year shall not exceed the amount of the receipts during that 
year from the employment of prisoners as aforesaid; and ^''bl^trLI^^'''*^ 
if in any year the said receipts exceed the expenditures, the ^^'^'^^^^ etc 
excess shall be transferred and applied toward the main- 
tenance of the prison camp and hospital. 
Section 2. This act shall take effect upon its passage. 

Ap2>roved April 3, 1917. 

An Act relative to the purchase and sale of articles ChavA^O 

BY JUNK dealers. 

Be it enacted, etc., as follaws: 

Section 1. Section twenty-nine of chapter one hundred ^c.^'amenled.' 
and two of the Revised Laws, as amended by section one of 
chapter one hundred and eighty-seven of the acts of the 
year nineteen hundred and tv/o, and by section one of chapter 
five hundred and fifty-four of the acts of the year nineteen 
hundred and ten, is hereby further amended by striking 
out the words "board of police", in the third line, and in- 
serting in place thereof the words: — police commissioner, — 
and also by striking out the last sentence, so as to read as 
follows: — Section 29. The mayor and aldermen of any Purchase and 

•j. j.T)j. l*T)xxl T •• sale of articles 

City except lioston, and in boston, the police commissioner, by junk 
and the selectmen of any town, if ordinances or by-laws regulated. 
therefor have been adopted in such city or town, may license 
suitable persons to be dealers in and keepers of shops for the 
purchase, sale or barter of junk, old metals or second hand 
articles, in such city or town. They may also license suitable 
persons as junk collectors, to collect, by purchase or other- 
wise, junk, old metals and second hand articles from place 
to place in such city or town; and they may provide that 
such collectors shall display badges upon their persons or 
upon their vehicles, or upon both, when engaged in collecting, 
transporting or dealing in junk, old metals or second hand 
articles; and may prescribe the design thereof. They may 
also provide that such shops and all articles of merchandise 



124 



General Acts, 1917. — Chap. 131. 



Licenses may 
be revoked. 



therein, and any place, vehicle or receptacle used for the 
collection or keeping of the articles aforesaid, may be exam- 
ined at all times by the mayor and aldermen or selectmen, 
or by any person b}^ them respectively authorized thereto. 
The aforesaid licenses may be revoked at pleasure, and 
shall be subject to the provisions of sections one hundred 
and eighty-six to one hundred and eighty-nine, inclusive, of 
this chapter. 
Section 2. This act shall take effect upon its passage. 

Approved April 3, 1917. 



1909, 504, § 09, 
etc., amended. 



Chap.Vil An Act to authorize the commission on mental diseases 
TO provide for the interstate transfer op indigent 
insane persons. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and four of the acts 
of the year nineteen hundred and nine, as amended in sec- 
tion sixty-nine, by section one of chapter three hundred and 
thirty-four of the acts of the year nineteen hundred and 
eleven, is hereby further amended by striking out the said 
section sixty-nine, and inserting in place thereof the follow- 
ing: — Section 60. The commission on mental diseases 
may, subject to the provisions of section seventy, transfer 
to and from any institution or recei)tacle under its super- 
vision, any inmate thereof who, in the opinion of the com- 
mission, is a proper subject for admission to the institution 
or receptacle to which he is to be transferred: provided, that 
no such inmate shall be transferred to be detained as an 
insane person unless he shall have been duly committed 
as insane by a judge or court; and provided, further, that 
no person shall so be transferred to the Bridgewater state 
hospital unless he has been a criminal and vicious in his 
life. A record of such transfer shall be entered in the regis- 
ters of the institutions to and from which he is transferred. 
The commitment papers, together with an abstract of his 
hospital case-record, shall be transmitted with him to the 
institution to which he is transferred. The commission may 
also remove any pauper inmates of institutions under its 
supervision, who are not subject to the orders of a court, to 
any country, state or place where they belong. The com- 
mission may also enter into an agreement with the corre- 
sponding board or commission of any other state for the 
transfer of indigent insane from one state to the other where 



Interstate 
transfer of 
indigent insane 
persons. 



Provisos. 



Agreement 
with boards of 
other states, 
etc. 



/ 



General Acts, 1917. — Chaps. 132, 133. 125 

they, after a full investigation of all the facts in each case, Employment of 
may be deemed equitably to belong. In making such ""''®^^' 
transfers and removals the commission shall, so far as is 
practicable, employ nurses or attendants instead of officers 
of the law, and shall employ female nurses or attendants to 
accompany female patients. 

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

A Improved Aijril 3, 1917. 

An Act relative to reinsurance in unauthorized (JJiqj) 132 

companies. 

Be it enacted, etc., as follows: 

Section 1. Insurance in companies not authorized to Reinsurance in 
transact business in this commonwealth, but having the nee- compan°ierto 
essary charter rights, may be written to cover steam boiler boTier and'fly- 
and fly-wheel risks in this commonwealth under the terms ^^^'^^ "^'^^• 
and conditions now or hereafter imposed by law upon 
the writing of fire insurance on proj^erty in this common- 
wealth in such companies. 

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

Approved April 3, 1917. 

An Act relative to the support of inmates in institu- nhny ^^33 

TIONS under the SUPERVISION OF THE COMMISSION ON 
MENTAL DISEASES. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-two of chapter five hundred ltc.!\-fmended. 
and four of the acts of the vear nineteen hundred and nine, 
as amended by section one of chapter two hundred and 
eight 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: — Sec- support of 
tion 82. The trustees of the institutions mentioned in Instiuftlons 
section fourteen, and of the Massachusetts School for the gi"pe7vision of 
Feeble-Minded, may, directlv or through an authorized thecommis- 

•^ , " f • 1 • p 1 '"°° °° mental 

agent or agents, make contracts fixing the price tor the diseases. 
support of inmates, at a sum not less than six dollars per 
week, and binding the persons making such contracts to 
payment thereunder. The price for the support of inmates 
for whose support such a contract is not made, or of inmates 
payments for whose support under such contracts are in 
default and for insane inmates of the state infirmary and 



126 



General Acts, 1917. — Chap. 134. 



Liability of 
married woman. 



Recovery of 
payments. 



Removal of 
guardians or 
conservators. 



Sworn state- 
ment to bo 
prima facie 
evidence. 



insane inmates of the Bridgewater state hospital, not under 
orders of a court, shall be determined by the commission 
on mental diseases at a sum not exceeding six dollars per 
week for each person, and may be recovered of such persons 
or of the husband, wife, father, mother, grandfather, grand- 
mother, child or grandchild if of sufficient ability. A married 
woman shall be subject to the said liability as though sole. 
Such action shall be brought by the attorney-general in the 
name of the treasurer and receiver general. 

Any person making payment for such support may by 
suit in equity in the superior court, to which any or all of 
the classes of persons hereinbefore named may be made 
parties, regardless of the existence of the marriage relation, 
recover the same from any person primarily liable for such 
support, or have the amount so paid apportioned among 
those who are not primarily liable, in proportion to their 
ability, respectively, to pay, and may recover such apportion- 
ment. 

Any guardian or conservator of such an inmate who, hav- 
ing property of his ward in his possession or control exceed- 
ing two hundred dollars in value, fails to pay, within three 
months after receipt of any bill therefor, for his support at 
the rate determined by the commission on mental diseases, 
shall, upon application of the attorney-general, forthwith 
be removed. 

In all proceedings under this section the sworn statement 
of a person that he is the superintendent of one of said 
institutions, or keeps or has custody of the records thereof 
or of the records of the commission on mental diseases, and 
that a certain person has been an inmate of said institution 
during a certain period of time, or that the price of the 
support of a certain inmate has been determined at a certain 
sum by the commission on mental diseases, shall be prima 
facie evidence of the said facts. 

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

Approved April 3, 1917. 



Chap. 134: An Act to authorize the appointment of a third and 

FOURTH ASSISTANT CLERK OF COURTS FOR THE COUNTY 

OF ESSEX. 

Be it enacted, etc., as follows: 

Section 1. The justices of the supreme judicial court, or 
a majority of them, may appoint a third and a fourth assistant 



Appointment 
of third and 
fourth assist- 



General Acts, 1917. — Chap. 135. 127 



clerk of the courts for the county of Essex, who shall be ant clerk of 

for 
county. 



subject to the provisions of law applicable to assistant clerks Essex'' ^""^ 



of courts, and each of whom shall receive an annual salary 
of two thousand dollars, to be paid by said county. 

Section 2. Chapter two hundred and fifty-three of the Repeal, 
acts of the year nineteen hundred and seven is hereby re- 
pealed. 

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

Amnoved April 3, 1917, 

An Act relative to the powers of probation officers. CJiav 135 
Be it enacted, etc., as follows: 

Section thirty-seven of chapter two hundred and twelve r. l. 212, § 37, 
of the Revised Laws, as amended by section one of chapter ^*'' • '*"'''°^''^' 
three hundred and eighty-four of the acts of the year nine- 
teen hundred and five, is hereby further amended by striking 
out the word "twice", in the twelfth and fifty-second lines, 
and inserting in place thereof in each instance the words: — 
four times, — ■ so as to read as follows : — Section 37. Who- Persons 
ever arrests a person for drunkenness shall make a com- dm^nkenneL 
plaint against him therefor at the next session of the court J^feLedin 
or of the trial justice having jurisdiction of the case; and certain cases. 
such court or trial justice may proceed to hear and to dispose 
of the same according to due course of law; and may, if 
the accused has been released under the provisions of this 
section, order the issuance of a warrant for the arrest, or a 
summons for the appearance, of the accused for trial, or 
if the court is satisfied by the report of its probation officer, 
or otherwise, or if the trial justice is satisfied upon inquiry 
that the accused has not four times before been arrested for 
drunkenness within a year, and that his statement in writing 
hereinafter mentioned is true, the court or trial justice may 
thereupon direct that the accused, if still in custody, be 
released without arraignment; and if not in custod}^ that 
further proceedings in the case be suspended or that the 
complaint be dismissed. 

A person so arrested may, after he has recovered from Persons so 
his intoxication, make a statement in writing, addressed to makea'^stote^ 
the court or trial justice having jurisdiction of his offence, wrlthig'with 
giving his name and address, setting forth what persons, if request for 
any, are dependent upon him for support, his place of em- 
ployment, if any, and whether he has been arrested for 
drunkenness within the twelve months next preceding, and 



128 



General Acts, 1917. — Chap. 136. 



Duties of 
probation 
officers, eto. 



requesting to be released from custody; and may deliver 
said statement to the officer in charge of the place in which 
he is confined, who shall indorse thereon the name of the 
arresting officer, and if the arrest is made wdthin the juris- 
diction of a trial justice, his opinion of the probable truth 
of said statement for the use of such trial justice, and shall 
transmit the same to such trial justice; and if the arrest is 
made within the jurisdiction of a court having a probation 
officer, the officer in charge of the place in which he is con- 
fined shall transmit such statement to said probation officer. 
Said probation officer, or his assistants, shall forthwith 
inquire into the truth thereof and shall investigate the 
record of said person as to previous similar offences, and, 
for the use of the court having jurisdiction of the case, shall 
indorse on such statement, w ith his signature, the result of 
his investigation. The officer for the time being in charge 
of the place of custody in a town where no probation officer 
resides forthwith may release, and elsewdiere the probation 
officer or assistant probation officer of the court having 
jurisdiction of the offence may direct the officer in charge of 
the place of custody forthwith to release, and such officer 
so in charge shall thereupon release, such arrested person 
pursuant to his request: provided, that the officer so re- 
leasing or directing the release believes that the person 
arrested has given his true name and address, that he will 
appear upon a summons, and that he has not four times 
before been arrested for drunkenness within the preceding 
twelve months. Approved April 3, 1917. 

Chap. 136 An Act to increase the exemption from taxation of 

CERTAIN PROPERTY OF WIDOWS AND OTHER PERSONS. 

Be it enacted, etc., as follows: 

Section 1. The ninth clause of section five of Part I of 
chapter four hundred and ninety of the acts of the year 
nineteen hundred and nine, as amended by section one of 
chapter one hundred and fort>'-four of the General Acts of 
the year nineteen hundred and sLxteen, is hereby further 
amended by striking out the said clause and inserting in 
place thereof the following: — Ninth, The property, to the 
amount of one thousand dollars, of a widow, of an unmarried 
woman above the age of twenty-one years, of a person above 
the age of seventy-five years, or of any minor w'hose father 
is deceased, who are legal residents of the commonwealth, 
whether such property be owned by such persons separately, 



Proviso. 



1909, 490 (I), 
§ 5, etc., 
amended. 



Certain prop- 
erty of widows, 
etc., exempt 
from taxation. 



General Acts, 1917. — Chaps. 137, 138. 129 

or jointly, or as tenants in common: provided, that the Proviso. 
whole estate, real and personal, of such 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, 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. If the property of a person entitled to such exemption Exemption, 
is taxable in more than one city or town, or partly without Tn moreThan 
the commonwealth, only such proportion of the one thousand town!*^ ^'^ 
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 prop- 
erty shall be so exempt which the assessors shall adjudge 
has been conveyed to such persons to evade taxation. A Appeal. 
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. This act shall take effect as of the first day Time of taking 
of April in the current year. Approved April 3, 1917. 

An Act to extend the time during which riders may Chap. 137 

BE USED ON fire INSURANCE POLICIES. 

Be it enacted, etc., as foUoivs: 

Section two of chapter one hundred and fifty of the General j^o^^'amendld. 
Acts of the year nineteen hundred and sixteen is hereby 
amended by striking out the word "seventeen", in the 
first and second lines; and inserting in place thereof the 
word: — eighteen, — so as to read as follows: — Section 2. Time during 

which riciprs 

Until July first, nineteen hundred and eighteen, section one may be used on 
of this act may be made effective by attaching the provision policies ex- 
as above amended as a rider to the policy instead of printing ^®" ® " 
it in the body thereof. Approved xipril 3, 1917. 

An Act relative to the authority of the supervisor cjidYt 138 
of administration to investigate purchases for the 
commonwealth. 

Be it enacted, etc., as follows: 

Section three of chapter two hundred and ninety-six of §^3^'amend^d 
the General Acts of the vear nineteen hundred and sixteen 



130 



General Acts, 1917. — Chap. 139. 



Finance com- 
mittee of execu- 
tive council to 
act as board of 
advisers, etc. 



Rules and 
regulations. 



Penalty. 



is hereby amended by striking out the word "and", in the 
eighth and seventeenth Hnes, and by inserting after the 
word "materials", in the same Hnes, the words:- — and 
equipment, — so as to read as follows: — Section 3. The 
committee on finance of the council shall act as a board of 
advisers of the supervisor and shall hear appeals from the 
decisions of said officer as provided in this act. The super- 
visor may, with the approval of the said committee, desig- 
nate a deputy to act as investigator of purchases who shall, 
under the direction of the supervisor investigate the method 
of purchasing all stores, supplies, materials and equipment 
used by the commonwealth or by any officer, board, bu- 
reau, commission, institution or department maintained or 
employed b,y the commonwealth. Such deputy shall report 
the results of his investigation with his recommendations to 
the supervisor who may, after a hearing before the gover- 
nor and council given to the officials concerned, 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, governing the pm-chase of stores, 
supplies, materials and ecjuipment in any or all of the offices, 
boards, bureaus, commissions, institutions and departments 
of the commonwealth. Copies of orders or rules and regu- 
lations so made shall be transmitted to the officials con- 
cerned. 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. Approved April 3, 1917. 



1913, 529, § 2, 
amended. 



ChapA^Q An Act relative to the open season for the killing 

OF DEER. 

Be it enacted, etc., as follows: 

Section two of chapter five hundred and twenty-nine of 
the acts of the year nineteen hundred and thirteen is hereby 
amended by striking out the word "third", in the third 
line, and inserting in place thereof the word: — ^ first, — and 
by striking out the word "November", in the third and 
fourth lines, and inserting in place thereof the word: — 
December, — so as to read as follows : — Section 2. Any 
person who is duly authorized or licensed to hunt in this 
commonwealth according to the provisions of law, may, 
between sunrise of the first Monday of December and sunset 
of the following Saturday, hunt, pursue, take or kill by the 



Open season 
for the killing 
of deer estab- 
lished. 



General Acts, 1917. — Chap. 140. 131 

use of a shotgun, a wild deer, subject to the following re- 
strictions and provisions : — No person shall kill more than Restrictions 
one deer under the provisions of this section or have in ucensee"^ 
possession more than one deer killed under the provisions of 
this section. No deer shall be hunted, taken or killed on 
land posted in accordance with the provisions of section 
fourteen of chapter ninety-two of the Revised Laws, or on 
land under the control of the metropolitan park commission 
or of the metropolitan water and sewerage board, or in 
violation of any city ordinance or town by-law, or in any 
state reservation, or by any method prohibited by law. It 
shall be unlawful to make, set or use any trap, salt lick or 
other device for the purpose of ensnaring, enticing, taking, 
injuring or killing a deer. Whoever wounds or kills a deer Report on 
under the provisions of this section shall make a report in ymng'dMn 
writing, signed by him, and mailed or otherwise transmitted 
within twenty-four hours of such wounding or killing, to 
the commissioners on fisheries and game, stating the facts 
relative to the wounding or killing. 

Approved April 3, 1917. 

An Act relative to the tenure of office of chiefs (jJiQr) 140 
OF fire departments in the metropolitan fire pre- 
vention DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-one of the 1016,291 (G), 
General Acts of the year nineteen hundred and sixteen is Ime'nded. 
hereby amended by striking out sections one, two and three, 
and inserting in place thereof the following: — Section 1. ^ffi"e'"''f°^hiefs 
The chief of the fire department of any city or town now or of fire depart- 
hereafter included within the metropolitan fire prevention cities and 
district shall hold his office continuously during good be- 
havior unless incapacitated by physical or mental disability 
to perform the duties of his position: provided, hoivever, that Proviso. 
in such cities, the official or officials having the power of 
appointment, with the consent of the confirming board, if any, 
and in such towns, the selectmen, may, for just cause and 
for reasons specifically assigned by said official, officials, 
or selectmen, remove said chief. Section 2. Before his Copy of reasons 
removal in the manner above provided shall take effect, chief before^^'^ 
such chief shall be furnished with a copy of the reasons i^'s removal. 
required in section one, and shall be allowed a reasonable 
time to answer them in writing. A copy of the reasons, 



132 



General Acts, 1917. — Chap. 141. 



To be sub- 
mitted to 
voters, etc. 



notice and answer, and of the order of removal, shall be filed 
with the city or town clerk. 

Section 2. This act shall take eflfect upon its passage 
in such cities and towns as have accepted the provisions of 
said chapter two hundred and ninety-one in accordance with 
section three thereof, or in which the provisions of the civil 
service laws are already applicable to said chief. But in 
all other cities and towns included in the fire prevention 
district, the question of accepting said chapter two hundred 
and ninety-one, as amended by this act, shall be submitted 
to the voters of said cities and towns at their next respective 
municipal elections or town meetings, and said chapter as 
so amended shall take effect in any such city or town upon 
its acceptance by a majority of the voters voting thereon. 
But in so far as it provides for such submission, this act 
shall take effect upon its passage. 

Approved April 3, 1917. 



1914, 742, § 128, 
amended. 



Construction 
of lines for the 
transmission of 
electricity. 



ChapAAl An Act kelative to the construction of lines for the 

TRANSMISSION OF ELECTRICITY. 

Be it enacted, etc., as follows: 

Chapter seven hundred and fortj'-two of the acts of the 
year nineteen hundred and foiu-teen is hereby amended by 
striking out section one hundred and twenty-eight and in- 
serting in place thereof the following : — Section 128. An 
electric company may, from time to time, apply by petition 
to the board for authority to construct and use or to con- 
tinue to use as constructed or with altered construction a 
line for the transmission of electricity for distribution in 
some definite area or for the purpose of supplying it to 
another electric company or to a municipal lighting plant 
for distribution and sale, or to a railroad, street railway or 
electric railroad, as respectively defined by law, for the 
purpose of operating it, and shall represent that such line 
will or does serve the public convenience and is consistent 
with the public interest. The company shall file with such 
petition a general description of such transmission line and 
a map or plan showing the cities and towns through which 
the line will or does pass and its general location. The 
company shall also furnish an estimate showing in reasonable 
detail the cost of the line and such additional maps and in- 
formation as the board may require. The board, after notice 
and a public hearing in one or more of the cities or towns 



Description of 
line, estimate 
of cost, etc., to 
be filed. 



General Acts, 1917. — Chap. 141. 133 

affected, may determine that said line is necessary for the 
purpose alleged, and will serve the public convenience and 
is consistent with the public interest. If the company May take 
has acquired or thereafter shall acquire rights in the public ^^ ^' **"■ 
ways or lanes of the cities or towns through which said 
line will or does pass, or over private lands therein, for the 
construction of not less than one half of the total length of 
said line and shall file with the board a map or plan of the 
transmission line showing the rights acquired and the cities 
and towns through which it will or does pass, the public 
ways, railroads, railways, navigable streams and tide waters 
in the city or town named in said petition which it will 
cross, and the extent to which it will be located upon private 
land or upon, under or along public ways and places, the 
board, after notice by publication or otherwise as it may 
direct, shall give a public hearing or hearings in one or more 
of the cities or towns through which the line passes or is 
intended to pass and may by order authorize the company 
to take such lands, not exceeding one hundred and fifty 
feet in width, or such rights of way or other easements 
therein as may be necessary for the construction and use 
or continued use as constructed or with altered construc- 
tion of the remainder of such line along the route prescribed 
in the order of the board: promded, however, that notwith- Proviso, 
standing the company has not acquired easements for such 
purpose in one half of the total length of said line, yet the 
board may by such order authorize the taking of any ease- 
ments in private lands which may be necessary to effect 
only the alteration of construction of an existing line. The 
board shall transmit a certified copy of its order to the 
company and the clerk of each such city or town. The Modification 
company may at any time before such hearing change or "^ ™"*^' 
modify the whole or a part of the route of said line, either of 
its own motion or at the instance of the board or otherwise, 
and, in such case, shall file with the board maps, plans and 
estimates as aforesaid showing such changes. If the board 
shall dismiss the petition at any stage in the proceedings 
hereinbefore set forth, no further action shall be taken 
thereon, but the company may file a new petition after the 
expiration of a year from such dismissal. A description of P^d^^'etlT" "^ 
the lands, rights or easements taken, sufficiently accurate to be 'recorded. 
for identification, containing the name or names of the 
owners thereof, so far as known, and a statement of the 
purpose for which the taking is made, signed by the president 



134 



General Acts, 1917. — Chap. 142. 



Deposit of 
money or bond 
with treasurer 
and receiver 
general. 



Payment of 
damages, etc. 



of the company and accompanied by a copy of the order of 
the board, shall be recorded in the registry of deeds for each 
county or district in which any of such cities or towns are 
situated, and such recording shall operate as a taking of 
the lands, rights or easements therein described. No taking 
shall be valid unless it complies with the foregoing require- 
ments. When such taking is effected, the company may 
forthwith proceed to erect, maintain and operate thereon 
said line. The board may, by its order, require the company 
to deposit with the treasurer and receiver general such sum 
of money as may be necessary to secure the payment for 
any land, rights or easements taken by it, or in lieu of such 
deposit to give bond to the commonwealth to an amount 
and with sureties satisfactory to the board, conditioned for 
the payment of such compensation as may be awarded for 
such taking. If the company shall not enter upon and 
construct such line upon the land so taken within one year 
thereafter, its right under such taking shall cease and de- 
termine. The company shall pay all damages sustained by 
any person or corporation by the taking of any lands, rights 
or other easements therein under the authority of this act. 
A person or corporation sustaining damages as aforesaid 
and failing to agree with said company as to the amount 
thereof may at any time within two years after such taking 
have the same assessed and determined on application by 
petition to the superior coiu-t for a jury, as provided by 
section one hundred and nine of chapter forty-eight of the 
Revised Laws and acts in amendment thereof and in addi- 
tion thereto. Approved April 3, 1017. 



ChapA42 An Act to authorize the county of Norfolk to ac- 
quire ADDITIONAL LAND IN THE TOWN OF WALPOLE FOR 
THE NORFOLK, BRISTOL AND PLYMOUTH UNION TRAIN- 
ING SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Norfolk are hereby authorized to purchase, or take by right 
of eminent domain, such additional land in the vicinity of 
the Norfolk, Bristol and Plymouth Union Training School at 
Walpole as may be necessary or convenient for the purposes 
of the said institution, and may expend for this purpose a 
sum not exceeding five thousand dollars. 



County of 
Norfolk to 
acquire addi- 
tional land in 
Walpole for 
certain schools 



General Acts, 1917. — Chaps. 143, 144. 135 

Section 2. In case land is taken by eminent domain Description of 
for the aforesaid purpose, the said commissioners shall, be'Vecofded^ 
within sixty days after such taking, file in the registry of 
deeds for said county a description thereof sufficiently 
specific for identification, and in case of their inability to 
agree with any person sustaining damages by reason of 
said taking as to the amount thereof, said damages shall be 
determined and paid in the manner provided by law for the 
assessment and payment of damages sustained by the laying 
out of highways. Aj)proved April 3, 1917. 



An Act relative to special sessions of the superior Chav 143 

COURT FOR NATURALIZATION PURPOSES. 

Be it enacted, etc., as follows: 

Special sessions of the superior court for the purposes of oPtheiupwi'OT 
naturalization may be held in such cities or towns and at court for 

. ,,.„.. . naturalization 

such tmies as the cliier justice may determme. purposes. 

Approved April 3, 1917. 



An Act relative to the amount of public trust funds, (jhn^ 144 

HELD BY A CITY OR TOWN THAT MAY BE RECEIVED ON 
deposit BY SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-six of chapter five hundred l?c%m°ended 
and ninety of the acts of the year nineteen hundred and 
eight, as amended by section seven of chapter four hundred 
and ninety-one of the acts of the year nineteen hundred and 
nine, is hereby further amended by adding at the end thereof 
the following: — or of any trust fund held by a city or town 
for public uses, ^ — so as to read as follows: — Section AG. Amount of 

ct -C , . . 1 • , p public trust 

Such corporation may receive on deposit from any person furids, held by 
not more than one thousand dollars; and may allow in- that maVbe"' 
terest, upon such deposits, and upon the interest acciimu- savings^'banks. 
lated thereon, until the principal, with the accrued interest, 
amounts to two thousand dollars; and thereafter upon no 
greater amount than two thousand dollars; but the pro- 
visions of this section shall not apply to deposits by a re- 
ligious or charitable corporation or labor union, or credit 
union, or in the name of a judge of probate, or by order of 
any court, or on account of a sinking fund of a city or town 



136 General Acts, 1917. — Chaps. 145, 146. 

in this commonwealth or of any trust fund held by a city 
or town for public uses. 
Section 2. This act shall take effect upon its passage. 

A Improved Ayril 4, 1917. 



Chap. 145 An Act to provide for repairing the bridge over 

TAUNTON GREAT RIVER BET^VEEN THE TOWNS OF DIGHTON 
AND BERKLEY. 

Be it enacted, etc., as follows: 
County of Section 1. The countv commissioners of the countv of 

Bristol may i • i i t i " 

repair certain Bristol are hercbv authorized and directed to reconstruct, 
Taunton Great SO far Es it may bc ucccssary, the bridge over Taunton 
Great river, between the towns of Dighton and Berkley; 
and after the bridge has been repaired, the cost of main- 
taining the same, including the tending of the draw, shall 
be paid by such cities and towns in the said county and in 
such proportions as the county commissioners shall de- 
termine. All work done under this act shall be subject 
to the provisions of chapter ninety-six of the Revised Laws, 
and amendments thereof and additions thereto, so far as 
applicable. 

Section 2. The county of Bristol, for the purpose of 
meeting the cost of reconstructing the said bridge, may 
incur indebtedness to an amount not exceeding forty thou- 
sand dollars, and may issue bonds or notes therefor pa^'able 
in not more than twenty years from date of issue; and 
shall, at the time of authorizing such indebtedness, provide 
for its payment by such annual payments as will extinguish 
the same at maturity, and in such manner that the first of 
such annual payments shall be made not later than one 
year after the date of the bonds or notes issued therefor; 
and the amount of the annual payment upon the principal 
in any year shall not be less than the amount of the principal 
payable in any subsequent year. 

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

Approved April 4, 1917. 



May issue 
bonds. 



(7/iap.l46 An Act to extend the powers of title insurance 

companies. 

Be it enacted, etc., as follows: 
1907, 576, §32, SECTION 1. The tenth clause of section thirtv-two of 

etc., amended. ►Jj-.v^ii>-'ii .01 pi 

chapter five hundred and seventy-six ot the acts ot the year 



General Acts, 1917. — Chap. 146. 137 

nineteen hundred and seven, as amended by section one of 
chapter five hundred and nine of the acts of the year nine- 
teen hundred and eight, is hereby further amended by 
striking out the word "or", in the fourth fine, and by 
adding at the end thereof the words : — or the insufficiency 
of any mortgage, held or sold by the insurer, as security for 
the amount secured by such mortgage, or against any other 
loss in connection with any such mortgage or any interest 
therein, and to buy and sell mortgages of real property 
and interests therein, — so as to read as follows: — Tenth, Powers of utie 
To examine titles of real and personal property, furnish pMiirex^-'^'"" 
information relative thereto and insure owners and others *®"^^- 
interested therein against loss by reason of encumbrances, 
defective title, or the insufficiency of any mortgage, held or 
sold by the insurer, as security for the amount secured by 
such mortgage, or against any other loss in connection with 
any such mortgage or any interest therein, and to buy and 
sell mortgages of real property and interests therein. 

Section 2. The last paragraph of section thirty-two of ^endld.^ ^^' 
said chapter five hundred and seventy-six is hereby amended 
by adding at the end thereof the words : — and, if msurance 
against the insufficiency of mortgages as security, or against 
any other loss in connection with mortgages, except insurance 
of titles, is carried on, the paid-up capital shall not be less 
than two hundred thousand dollars, — so as to read as fol- 
lows: — If organized under the tenth clause the capital shall Capital, 
not exceed one million dollars, and, if insurance against the 
insufficiency of mortgages as security, or against any other 
loss in connection with mortgages, except insurance of titles, 
is carried on, the paid-up capital shall not be less than two 
hundred thousand dollars. 

Section 3. Section sixty-four of said chapter five hun- 1907, 576, § 64, 
dred and seventy-six is hereby amended by striking out said ^™^°'^'"^- 
section and inserting in place thereof the following: — 
Section 64- Every such corporation shall set apart an Title guaranty 
amount not less than two fifths of its capital, and not less investmtnt^ 
than one hundred thousand dollars in any case, as a title 
guaranty fund, and shall invest it subject to the same limi- 
tations as are imposed upon the investment of the capital of 
domestic insurance companies, and shall issue no title policy 
and make no contract of title guaranty or title insurance 
until such amount is so set apart and invested. 

The principal of such title guaranty fund shall be a trust Principal of 
for the protection of title policy holders, and shall be applied fund to%t°a^ 



138 



General Acts, 1917. — Chap. 146. 



trust for 
protection 
of policy 
holders. 



Impairment 
of fund. 



1907, 576, § 65, 
amended. 



Certain 
provisions of 
law to apply. 



Examination 
of titles, etc. 



only to the payment of losses and expenses incurred by 
reason of the title guaranty or title insurance contracts of 
the corporation. Whenever the corporation shall increase 
its capital, two fifths or a sufficient part of the increase shall 
be set apart and duly invested and added to the title guaranty 
fund so that such fund shall always be not less in amount 
than two fifths of the entire capital. 

If, by reason of losses or other cause, the title guaranty 
fund is less than two fifths of the capital, the company shall 
make no further contract of title guaranty or title insurance 
until the fund is made good. 

Section 4. Section sixty-five of said chapter fi\'e hun- 
dred and seventy-six is hereby amended by striking out the 
word "and", in the fourteenth line, and by adding at the 
end thereof the words: ^ — or the insufficiency of any mort- 
gage, held or sold by the insurer, as security for the amount 
secured by such mortgage, or against any other loss in con- 
nection with any such mortgage or interest therein, and may 
buy and sell mortgages of real property and interests therein, 
— so as to read as follows : — Section 65. A company or- 
ganized under the authority of chapter one hundred and 
eighty of the acts of the year eighteen hundred and eighty- 
four, section sixty-two of chapter two hundred and fourteen 
of the acts of the year eighteen hundred and eighty-seven, 
section sixty-two of chapter five hundred and twenty-two of 
the acts of the year eighteen hundred and ninety-four or 
the eleventh clause of section thirty-two of this act shall be 
subject to the provisions of the two preceding sections. 

Such companies may examine titles and furnish informa- 
tion relative to both personal property and real estate, and 
may insure owners of both real estate and personal prop- 
erty, and others interested therein, against loss by reason of 
encumbrances, defective titles or the insufficiency of any 
mortgage, held or sold by the insurer, as security for the 
amount secm-ed by such mortgage, or against any other loss 
in connection with any such mortgage or interest therein, 
and may buy and sell mortgages of real property and interests 
therein. 

Section 5. This act shall take effect upon its passage. 

Approved April 4, 1917. 



General Acts, 1917. — Chap. 147. 139 



An Act to authorize the commonwealth to exchange {Jjmnj \/^'j 

AND CONVEY CERTAIN REAL ESTATE IN SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of obtaining a more de- Common- 
sirable situation for the use of the seventh deck division of Txdlang^and 
the Massachusetts naval mihtia, at Springfield, the board rerus^taT/in"^ 
of armory commissioners, with the consent of the governor Springfield. 
and council, is hereby authorized, in the name and behalf 
of the commonwealth, to exchange and convey a certain 
piece of real estate situated in the city of Springfield, de- 
scribed as follows : Beginning at a passageway running from Description of 
Mechanics row to the Connecticut river, and running thence, 
southerly, along the westerly side of Mechanics row, thirty 
feet, more or less, to land of the United Electric Light Com- 
pany; thence westerly along the last named land to a stone 
embankment wall; thence southerly on land of said United 
Electric Light Company to land of the United Button 
Company; thence westerly along said last named land to 
the Connecticut river; thence northerly along the Con- 
necticut river to said passageway; thence easterly on said 
passageway to the place of beginning. Also the right to a 
passageway four feet wide across premises formerly known 
as numbers three, four, five and six on Mechanics row, 
commencing at a point in the passageway on the north end 
of and four feet west from the former situation of the wall 
of the house. 

The aforesaid descriptions are intended to cover all the To cover 
land and rights taken by the board of armory commissioners ai^d^rights. 
on the ninth day of December, nineteen hundred and seven, 
as appears in the record thereof in Hampden county registry 
of deeds, in book seven hundred and thirty-three, page 
four hundred and thirty-nine. In exchange for the said con- 
veyance, and as a consideration therefor, the commonwealth 
shall receive a conveyance of certain real estate in Spring- 
field, now or formerly bounded northerly by a passageway 
called Mechanics street; easterly by land of the Dickinson 
Manufacturing Company; southerly by land of the New 
York, New Haven and Hartford Railroad Company, and 
westerly by the Connecticut river; together with any rights 
in said passageway appurtenant to said land. 

Section 2. The board of armory commissioners is au- Execution of 
thorized to execute and deliver in the name of the common- "'"^^y*""^- 



140 



General Acts, 1917. — Chap. 148. 



wealth the conveyance necessary to pass the title to the 
said premises now owned by the commonwealth, on the 
receipt of a deed conveying to the commonwealth a title to 
the premises to be taken in exchange as aforesaid. 

A Improved April 4, 1917. 



Organization 
of home guard 
in time of 
war. 



Term of 
service, etc. 



Chap.148 An Act to provide for the organization of a home 

GUARD IN TIME OF WAR. 

Be it enacted, etc., as foUotvs: 

Section 1. The commander-in-chief may, in time of- 
war, raise bj'' voluntary enlistment and organize a home 
guard from citizens of the United States, being inhabitants 
of this commonwealth, who are over thirty-five years of age, 
or married men under thirty-five years of age with de- 
pendents, or those physically disqualified from service in 
the national guard. 

Section 2. The home guard may be of such numerical 
strength, and shall be so organized, maintained, officered, 
armed and equipped, and enlisted for, or disbanded from, 
such service within the commonwealth at any time and on 
such terms as the commander-in-chief may from time to 
time by executive order determine. When called for service 
the home guard shall perform such duties as shall be pre- 
scribed by order of the commander-in-chief, and all members 
of the home guard shall have and exercise throughout the 
commonwealth all the powers of constables, police officers 
and watchmen, except the service of civil process. The 
compensation of officers and men of the home guard, when 
called by executive order for service and while on such 
service, shall be fLxed by the commander-in-chief, and shall 
in no event exceed the compensation of officers and men of 
the national guard of like grade. 

Section 3. The commander-in-chief may appoint pro- 
visional officers for such imits and organizations of the home 
guard as he may establish, and such officers shall, sub- 
ject to removal by the commander-in-chief and until their 
successors are elected or appointed, as provided by th^con- 
stitution and statutes of the commonwealth, exercise the 
same military authority over their several commands as 
specified by the statutes of Massachusetts for duly chosen 
officers of organized militia of the commonwealth. The 
same powers shall vest in any and all officers elected as 
above provided. 



Compensation. 



Appointment 
of provisional 
officers. 



visions of law 
in case 



General Acts, 1917. — Chap. 149. 141 

Section 4. The provisions of section one hundred and v^ions^o^'iSw 
seventy of chapter six hundred and four of the acts of not to apply. 
the year nineteen hundred and eight, and the amendments 
thereof, shall not apply to the home guard. 

Section 5. All provisions of law relative to the com- Certain pro- 
pensation of members of the militia injured in the discharge toapply 
of their duty shall apply to members of the home guard. °^ mjury. 

Section 6. For the purpose of carrying out the provi- Governor 
sions of this act the governor is authorized to expend the tw6^ hundred 
sum of two hundred thousand dollars, to be taken from the JjoUars"'^ 
sum of one million dollars appropriated by chapter two 
hundred and two of the Special Acts of the year nineteen 
hundred and seventeen. 

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

Approved April 5, 1917. 



ChapAAQ 



An Act relative to the cold storage of food prod- 
ucts AND TO THE AUTHORITY OF THE STATE DEPARTMENT 
OF HEALTH WITH REFERENCE THERETO. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter six hundred and ^^1;^^^^^^ ^• 
fifty-two of the acts of the year nineteen hundred and twelve 
is hereby amended by striking out the word "forty", in the 
third and tenth lines, and inserting in place thereof, in each 
instance, the word : — forty-five, — by inserting after the 
word "Fahrenheit", in the third line, the words: — for a 
period of thirty days or more, — and by striking out the 
words "in cold-storage or refrigerating warehouses", in the 
fourth line, so as to read as follows : — Section 1 . The coid storage 
term "cold storage", as used in this act, shall be construed products. 
to mean the storage of articles of food at or below a tempera- 
ture of forty-five degrees Fahrenheit for a period of thirty 
days or more. 

The term "cold-storage or refrigerating warehouse", as Certain terms 
used in this act, shall be construed to mean an establishment '^®^"''^- 
employing refrigerating machinery or ice for the purpose of 
refrigeration, or a place otherwise artificially cooled, in 
which articles of food are stored for thirty days or more at 
a temperature of forty-five degrees Fahrenheit or below. 

The term "article of food", as used in this act, shall be 
interpreted to include fresh meat, fresh meat products, 
except in process of manufacture, fresh food fish, poultry, 
eggs and butter. 



142 



General Acts, 1917. — Chap. 149. 



1912, 652, § 2, 
amended. 



Licenses to be 
issued by state 
department of 
health. 



Proviso. 



Suspension 
of license. 



Report. 



1912, 652, § 5, 
amended. 



Limit of time, 
etc., for cold 
storage of food. 



Section 2. Said chapter six hundred and fifty-two is 
hereby amended by striking out section two and inserting 
in place thereof the following : — Section 2. No person, 
firm or corporation shall maintain a cold storage or re- 
frigerating warehouse without a license issued by the state 
department of health. Any person, firm or corporation de- 
siring such a license may make written application to the 
department, stating the situation of its plant or plants. On 
receipt of the application the department shall cause an 
examination to be made of the sanitary condition of the 
plant, and if it is found to be in a sanitary condition and 
otherwise properly equipped for the business of cold storage, 
the department shall cause a license to be issued authorizing 
the applicant to maintain therein a cold-storage or re- 
frigerating warehouse for the period of one year: lyrovided, 
that a license fee of ten dollars shall be paid. The license 
fees so received shall be paid into the treasury of the com- 
monwealth. In case any warehouse licensed under the pro- 
visions of this section, or any part thereof, shall be deemed 
by the state department of health to be conducted in an un- 
sanitary manner, it shall be the duty of the department to 
close such warehouse or part thereof, until it shall be put in 
sanitary condition, and the department shall have power 
also to suspend the license in case the required changes 
are not made within a reasonable time. Every such licensee 
shall furthermore submit on or before the fifteenth day of 
each month, a report to the state department of health on 
a printed form to be provided by the department, stating 
the quantities of articles of food placed in cold storage dur- 
ing the month preceding, and also the cjuantities of butter 
and eggs held on the first day of the month in which the 
report is filed. 

Section 3. Said chapter six hundred and fifty-two is 
hereby amended by striking out section five and inserting 
in place thereof the following: — Section 5. No person, 
firm or corporation shall hold any article of food in cold 
storage within this commonwealth which has been in cold 
storage for a period longer than twelve calendar months, 
except with the consent of the state department of health. 
The said department may, upon application, grant permission/^ 
to extend the period of storage beyond twelve montKs^fora 
particular consignment of goods, if the goods in question 
are found, upon examination, to be in proper condition for 
further storage at the end of twelve months. The length 



General Acts, 1917. — Chap. 149. 143 

of time for which further storage is allowed shall be specified 

in the HJi'der/ granting the permission. A report on each Report on 

•~t-<-, 1 , . i» , • • J i 1 • extension of 

case m wnich such extension oi storage is permitted, m- storage. 
eluding information relating to the reason for the action 
of the department, the kind and the amount of goods for 
which the storage period was extended, and the length of 
time for which the continuance was granted, shall be in- 
cluded in the annual report of the department. 

Section 4. Section six of said chapter six hundred and tended. ^^' 
fifty-two is hereby amended by inserting after the word 
"display", in the fourth and fifth lines, the words: — in a 
conspicuous place, — so as to read as follows: — Section 6. ^"'^Yl^^^^a^e 
It shall be unlawful to sell, or to offer or expose for sale goods, 
articles of food which have been held in cold storage without 
notifying persons purchasing, or intending to purchase, the 
same that they have been kept so by the display in a con- 
spicuous place of a sign marked, "Cold Storage Goods Sold 
Here", and it shall be unlawful to represent or advertise 
as fresh goods articles of food which have been held in cold 
storage. 

Section 5. Section seven of said chapter six hundred ^mendtd ^ ^' 
and fifty-two is hereby amended by striking out the words 
"to consumers", in the fourth line, so as to read as fol- 
lows: — Section 7. It shall be unlawful to return to cold j^asl^dtrom 
storage anv article of food that has once been released from coid storage 
such storage tor the pm^pose or placmg it on the market tor turned, etc. 
sale, but nothing in this section shall be construed to pre- 
vent the transfer of goods from one cold-storage or refrig- 
erating warehouse to another, provided that such transfer Proviso, 
is not made for the purpose of evading any provision of 
this act. 

Section 6. Said chapter six hundred and fifty-two is 1912, 652. 5 s, 
hereby amended by striking out section eight and inserting ^™«°^^^- 
in place thereof the following : — Section 8. Broken eggs Marking of 
packed in cans, if not intended for use as food, when de- packed m^ns. 
posited in cold storage shall be denatured, and shall be 
marked by the owners, in accordance with forms prescribed 
by the state department of health, under the authority here- 
inafter conferred, in such a way as plainly to indicate the 
fact that they are not to be sold for food. 

Approved April 5, 1917. 



144 General Acts, 1917. — Chaps. 150, 151, 152. 

Chap. 150 An Act relative to the refilling of bottles by 

PERSONS licensed TO SELL INTOXICATING LIQUORS. 

Be it enacted, etc., as follows: 

totties°^n- Section 1. All persons holding licenses to sell intoxicat- 

taining intoxi- mg liquoi's sliall, thcmselves or by their agents or employees, 
regulated. immediately upon the emptying, within the limits of the 

licensed premises, of the original contents of a bottle con- 
taining liquors other than malt liquors, and before refilling 
the same, destroy all labels or printed marks thereon. There 
shall not thereafter be placed on such bottles any label or 
printed mark so similar to the original as to promote fraud 
or deceit, or as to be likely to be mistaken for the original 
label or mark, 
Srspns^us'ing^° Section 2. This act shall not be construed to prohibit 
original labels, tlic lawful refilling of such bottles with liquors true to label 
by the persons, or their agents, entitled to use the original 
label or mark. 
Penalty. Section 3. Any vioktion of this act shall be punished 

by a fine of not less than fifty, nor more than two hundred 
dollars, for each offence. /Ipproved April 5, 1917. 

Chap. 151 An Act relative to the annual reports of the district 

HEALTH OFFICERS. 

Be it enacted, etc., as follows: 

tMil?"'^' The district health oflScers, provided for by section five 
date'^'ete^*'^'^^' ^^ chapter seven hundred and ninety-two of the acts of the 
year nineteen hundred and fourteen, in succession to the 
state inspectors of health, established by the provisions of 
chapter five hundred and thirty-seven of the acts of the 
year nineteen hundred and seven, shall hereafter report to 
the state department of health on or before the first day of 
December, instead of the thirty-first day of October, in 
each year. Approved April 5, 1917. 

Chap. 152 An Act to establish a state clinical standard 

THERMOMETER. 

Be it enacted, etc., as folloivs: 

ft^anda'rd""'''' Section 1. A cliuical Standard thermometer supplied 
estaWi°hed^'^ by the commonwcalth and certified by the national bureau 



General Acts, 1917. — Chap. 152. 145 

of standards for use by the commonwealth, shall be the 
state clinical standard thermometer. 

Section 2. In addition to the state clinical standard gllfndard"'''''' 
thermometer, there shall be supplied by the commonwealth thermometers. 
such additional clinical standard thermometers as may be 
necessary to carry out the provisions of this act, to be known 
as office clinical standards. Such thermometers shall be 
verified by the commissioner of weights and measures upon 
their initial receipt and at least once in each six months 
thereafter, by direct comparison with the state clinical 
standard thermometer. The office clinical standard ther- 
mometers may be used in making all comparisons of clinical 
thermometers under test. 

Section 3. The commissioner of weights and measures Tolerances and 
shall have the power, and it shall be his duty, to promulgate '"''^^' cations. 
tolerances and specifications for clinical thermometers. A 
correct clinical thermometer shall be deemed to be one 
which conforms to the standard hereby established and to 
the specifications promulgated hereunder, within the toler- 
ances established as aforesaid. All other clinical thermom- 
eters shall be deemed to be incorrect. 

Section 4. Whenever the commissioner of weights and Sealing and 

, T • 1 1 1 • 1 • marking. 

measures inspects and tests a clinical thermometer wnicn is 
offered for sale and finds it to be correct he shall seal or mark 
it or otherwise certify it as correct. Whenever he inspects 
and tests such a clinical thermometer and finds it to be in- 
correct he may condemn, seize and destroy it; or he may 
return it to the owner upon a satisfactory guarantee that it 
will not be sold or used within the commonwealth. 

Section 5. When a representative sample of a clinical Designating 

I'll! (• mark to be 

thermometer has been submitted by the manufacturer given manu- 
thereof to the commissioner of weights and measures and ap- 
proved by him, he shall assign a designating mark or number 
■ which shall thereafter be permanently affixed by the manu- 
facturer to all clinical thermometers of that particular kind 
made by him. Such clinical thermometers as are sealed by 
the manufacturer shall be marked with the name, initials 
or trademark of the manufacturer, and by such other marks 
as the commissioner mav require. The commissioner shall Revocation by 

^ J, ..■,■,. commissioner. 

have power to revoke the authority given by him to any 
manufacturer under the provisions of this section upon 
proof that the authorized seal or designating mark has been 
affixed to a thermometer which does not conform to the 
sample approved by the commissioner. 



146 



General Acts, 1917. — Chap. 153. 



Penalty. 



Not to 

authorize 

adoption of 

particular 

scale. 

Time of taking 

effect. 



Section 6. Any person who, by himself or by his servant 
or agent, or as the servant or agent of another person, shall 
keep for the purpose of sale, offer or expose for sale, or sell 
any clinical thermometer which has not been sealed, marked 
or certified as correct by the commissioner of weights and 
measures or by the manufacturer as aforesaid, shall be 
guilty of a misdemeanor and shall be punished by a fine of 
not more than fifty dollars. 

Section 7. Nothing in this act shall be construed as 
adopting or authorizing the adoption of any particular scale 
as the thermometer standard for Massachusetts. 

Section S. This act shall take effect on the first day of 
January in the year nineteen hundred and eighteen. 

Approved April 5, 1917. 



Manufacture 
and sale of 
inflammable 
compounds for 
use as stove 
polish pro- 
hibited. 



ChapA^S An Act to prohibit the manufacture and sale of in- 
flammable COMPOUNDS FOR USE AS STOVE POLISH FOR 

domestic use. 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to manufacture, store, 
keep for sale, sell or transport any compound for use as a 
stove polish that contains gasoline, naphtha or any liquid, 
or compound whatsoever Avhich will emit a gas that will 
flash at a temperature of less than one hundred degrees 
Fahrenheit, except that foundry paste which contains in- 
flammable compound, if packed in metal containers, sealed 
by fusion and weighing in gross not less than five pounds, 
and if such container is labeled: — Dangerous — Inflammable 
compound — Keep away from fire, heat and lights — may 
be manufactured, stored, kept for sale, sold or transported 
for use only by stove foundries, stove manufacturers and 
stove dealers on their own premises under such regulations 
as may be prescribed by the metropolitan fire prevention 
commissioner within the metropolitan fire prevention district, 
and by the district police outside the metropolitan fire 
prevention district. The flash point of said compound shall 
be ascertained by use of either Abel-Pensky's or Pensky- 
Martens' closed cup instrument, or by some other method 
approved by the metropolitan fire prevention commis- 
sioner or by the district police within their respective juris- 
dictions. 

Section 2. Any violation of this act shall be punished 
by a fine of not more than one hundred dollars, or by im- 



Penalty. 



General Acts, 1917. — Chaps. 154, 155, 15G. 147 

prisonment for not more than thirty days, or by both such 
fine and imprisonment. 

Section 3. This act shall take effect ninety days after Time of taking 
its passage. Approved April 5, 1917. 

An Act to provide for a second assistant clerk of (7/iai).154 

THE east boston DISTRICT COURT. 

Be it enacted, etc., as follows: 

Section 1. There shall be a second assistant clerk of ^^^'^"aggigtant 
the East Boston district court, whose salary shall be one ^erk of East 
thousand dollars a year, to be paid by the county of Suffolk, court estab- 

Section 2. This act shall take effect upon its acceptance ^o L sub- 
by the city council of Boston, with the approval of the ™uncf, ^etc'*^ 
mayor. Approved April 5, 1917, 

Accepted, April 10, 1917. 

An Act to facilitate the sale, investment and re- QJidf) 3^55 
investment of personal property held in trust. 

Be it enacted, etc., as foUoivs: 

Section 1 . If the sale and conveyance, transfer or ex- Saie, invest- 
change of any personal property held in trust appears to be ^ereonai" ' ° 
necessary or expedient, the probate court may, upon pe- fn™tmst^facfu- 
tition of the trustee, authorize or license such sale and con- *'**'''^- 
veyance, transfer or exchange, and the investment, rein- 
vestment or other application of the proceeds thereof in 
accordance with the purposes of the trust. Such authoriza- 
tion or license shall be granted only upon hearing and after 
such notice as the court may deem proper, or, in its dis- 
cretion, without notice, and without the appointment of a 
guardian ad litem or next friend and shall remain in force 
until revoked. 

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

Approved April 6, 1917. 

An Act relative to the inspection of buildings. C/iai).156 

Be it enacted, etc., as follows: 

Section 1 . Chapter six hundred and fifty-five of the 1913, ess, § 20, 
acts of the year nineteen hundred and thirteen is hereby '^'"^"'*'"^- 
amended by striking out section twenty and inserting in 
place thereof the following: — Section 20. A building which bulh^ngs to 
is used, in whole or in part, as a public building, public ^^thXl'^^^ 
or private institution, schoolhouse, church, theatre, special escapes. 
hall, public hall, miscellaneous hall, place of assemblage or 



148 



General Acts, 1917. — Chap. 156. 



Notice in 
writing. 



Exits to be 
lighted, etc. 



Certificate of 
inspector, 
evidence of 
compliance. 



1913, 655, § 55, 
amended. 



Persons 
aggrieved may 
appeal to 
judge of 
superior court. 



place of public resort, and a building in which ten or more 
persons are employed in a factory, workshop, mercantile 
or other establishment, and an office building, dormitory, 
hotel, family hotel, apartment house, boarding house, lodg- 
ing house or tenement house which has eight or more 
rooms, or in which ten or more persons are accommodated, 
lodge or reside above the second story, the owner, lessee or 
mortgagee in possession whereof is notified in writing by 
an inspector that the provisions of this act apply thereto, 
shall be provided with proper egresses or other means of 
escape from fire, sufficient for the use of all persons accommo- 
dated, assembled, employed, lodged or resident therein; but 
no owner, lessee or mortgagee in possession of such building 
shall be deemed to have violated this provision unless he 
has been notified in writing by an inspector as to what 
additional egresses or means of escape from fire are necessary 
and for thirty days has neglected or refused to provide the 
same. The egresses and means of escape shall be kept un- 
obstructed, in good repair and ready for use, and, if the in- 
spector so directs in writing, every such egress shall be 
properly lighted and provided with a sign having on it the 
word "Exit" in letters not less than five inches in height, 
and so made and placed as plainly to indicate to persons 
within the building the situation of such egresses; stairways 
shall have suitable hand-rails; egress doors and windows 
shall open outwardly, and women or children shall not be 
employed in a factory, workshop, mercantile or other es- 
tablishment, in a room above the second story from which 
there is only one egress. The certificate of the inspector 
shall be conclusive evidence of a compliance with the said 
requirements. Portable seats shall not be allowed in the 
aisles or passageways of such buildings diu'ing any service 
or entertainment held therein. Stairways on the outside of 
the building shall have suitable railed landings at each 
story above the first, accessible at each story from doors or 
windows, and such landings, doors and windows shall be 
kept clear of ice, snow and other obstructions. 

Section 2. Section fifty-five of said chapter six hundred 
and fifty-five is hereby amended by striking out the word 
"ten", in the fourth line, and inserting in place thereof the 
word : — thirty, — so as to read as follows : — Section 55. 
Whoever is aggrieved by the order, requirement, or direction 
of a building inspector of the building inspection department 
of the district police, may, within thirty days after the 



General Acts, 1917. — Chaps. 157, 158. 149 

service thereof, appeal to a judge of the superior court for 
the county in which the building to which such order, re- 
quirement or direction relates is situated, for an order for- 
bidding its enforcement; and after such notice as said court 
shall order to all parties interested, a hearing may be had 
before the court at such early and convenient time and 
place as shall be fixed by said order; or the court may Appointment 
appoint three disinterested persons, skilled in the subject- ° ''''P'"'*^- 
matter of the controversy, to examine the matter and hear 
the parties; and the decision of said court, or the decision, 
in writing and under oath, of a majority of said experts, 
filed in the office of the clerk of courts in said county within 
ten days after such hearing, may alter, annul or affirm such 
order, requirement or direction. Such decision or a certified j^'"fg'-o°[ ^^^ 
copy thereof shall have the same authority, force and effect 
as the original order, requirement or direction of the in- 
spector. If such decision annuls or alters the order, re- 
quirement or direction of the inspector, the court shall also 
order the inspector not to enforce his order, requirement or 
direction, and in every case the certificate required by law 
shall thereupon be issued by said court or by said experts. 

Apiiroved April 6, 1917. 

An Act to establish a close season on quail in the CJiavA^l 

COUNTIES OF HAMPDEN AND MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. For a period of five years beginning with the ciose season 
first day of July, nineteen hundred and seventeen, it shall be Hampd'e" and 
unlawful, in the counties of Hampden and Middlesex, to ^un/^g^es- 
trap, hunt, pursue or kill quail, or except as provided by tabUshed. 
chapter five hundred and sixty-seven of the acts of the 
year nineteen hundred and twelve, to have dead or living 
quail in possession taken in said counties. 

Section 2. Any violation of this act shall be punished ^"'"aity- 
by a fine of ten dollars for each offence. 

Approved April G, 1917. 

An Act to authorize the exchange of certain prop- QJiaij 158 

ERTY OF THE TAUNTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The commission on mental diseases, with Exchange ot 
the approval of the governor and council, is hereby authorized erty^of fhe''" 



150 



General Acts, 1917. — Chap. 159. 



Taunton state 
hospital. 



Conveyance. 



to exchange a parcel of land, the property of the common- 
wealth, situated in Taunton and used for the purposes of, 
or in connection with, the Taunton state hospital, consisting 
of approximately one hundred thousand square feet, bounded 
on two sides by Danforth street, on one side by Barton 
street, and on one side by property of Reed and Barton 
Company, for a parcel of land consisting of approximately 
one hundred and forty-two thousand square feet, adjacent 
to Mill river, and directly opposite the Taunton state hos- 
pital, known as the Hopewell mill property. 

Section 2. A deed executed by a majority of said com- 
mission, with a certificate of the executive secretary of 
the said approval thereof in council, shall operate as a con- 
veyance of all right, title and interest of the commonwealth 
in and to the aforesaid property therein described. 

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

Apjjwved April 10, 1917. 



Auditing by 
bureau of 
statistics of 
accounts of 
fire, water, 
watch and im- 
provement 
districts. 



Chap Add An Act relative to the auditing by the bureau of 

STATISTICS OF THE ACCOUNTS OF FIRE, WATER, LIGHT, 
WATCH AND IMPROVEMENT DISTRICTS. 

Be it enacted, etc., as follows: 

Section 1. Any fire, water, light, watch, or improve- 
ment district, at a 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 an accounting 
system; and, as soon as possible after the receipt of such a 
petition, the director shall cause the audit to be made or 
cause a system of accounts, approved by him, to be installed 
in the district; and after an accounting system has been 
installed in accordance with the provisions of this section, 
the district, at a meeting legally called for the purpose, 
may petition for subsequent audits from time to time, or 
may provide in its by-laws for periodical audits under the 
supervision of the said director who shall cause such audits 
to be made. 

Section 2. Whenever, after a system of accounting has 
been installed under the provisions of this act, a district 
accounting officer requests the advice or assistance of the 
bureau of statistics in the keeping of its accounts, the director 
of said bureau shall render such assistance as in his judgment 
may be necessary. The accounting systems installed in 
accordance with this act shall be such as will, in the judg- 



Assistance of 
bureau of 
statistics, etc. 



General Acts, 1917. — Chap. 160. 151 

ment of the said director, be most effective in securing uni- 
formity of classification throughout the commonwealth in 
the accounts of the said districts. The said director, for the 
purpose of carrying out the provisions of this act, may 
employ the same assistants as are employed by him on city 
and to^vn audit and system work. 

Section 3. The said director, upon the completion of ^ake'replTrt. 
an audit made under the provisions of this act, shall render 
a report to the prudential committee or commissioners, as 
the case may be, embodying the results of his findings, with 
such suggestions as he may deem advisable for the proper 
administration of the district finances. 

Section 4. The expense incurred under this act shall be Expenses, how 
paid in the first instance by the commonwealth; and the ^*' " 
treasurer and receiver general shall send a warrant for the 
assessment thereof by mail to the assessors of the town or 
towns in which the district is situated. The assessors shall 
assess taxes for which they receive warrants as aforesaid. 

Section 5. The treasurer of the district shall pay, on or Payment of 
before November fifteenth of the year in which the assess- ^l.^^ 
ment is made, the total amount of the assessments, and 
failure to make such payment shall render the district 
subject to all the penalties imposed on cities and towns for 
faihu'e to pay the state tax as required by law. 

Section 6. This act shall take effect upon its passage. 

Ayproved April 10, 1917. 

An Act relative to the amount to be allowed for (Jfiap IQQ 
the burial of indigent soldiers and sailors. 

Be it enacted, etc., as follows: 

Section eigjiteen of chapter five hundred and eighty-seven i9i4, 587, § is, 
of the acts of the year nineteen hundred and fourteen is ^'^'^'^ 
hereby amended by inserting after the word "hundred", in 
the fifth line, the words: — and ten, • — so as to read as fol- 
lows: — Section 18. The expense of such burial shall not Amount to be 
exceed fifty dollars, two dollars of which shall be paid as burial of indi- 
compensation to the burial agent who caused the interment Ind^saUors!^^ 
to be made ; but if the total expense of the burial, by whom- 
soever incurred, shall exceed the sum of one hundred and 
ten dollars, no payment therefor shall be made by the com- 
monwealth. The burial shall not be made in any cemetery 
or burial ground Avhich is used exclusively for the burial of 
the pauper dead, or in any part so used of any cemetery or 



152 



General Acts, 1917. — Chap. 161. 



Who may 
conduct 
funeral, etc. 



Dutietj of 
commissioner 
of state aid. 



Reimburse- 
ment. 



burial f:^round. Relatives of the deceased Avho are unable to 
bear the expense of burial may be allowed to conduct the 
funeral. The full amount so expended, the name of the 
deceased soldier, sailor or marine, the regiment, company 
or vessel in which he served, the date of death, place of in- 
terment, and in case of a wife or widow the name of the 
husband and date of marriage, and such other details as the 
commissioner of state aid may require, shall be certified 
under oath to him, in such manner as he may approve, by 
the burial agent and the treasurer of the city or town ex- 
pending the amount, Avithin ninety days after the burial; 
and said commissioner shall endorse upon the certificate his 
allowance of such amounts as in his judgment have been 
paid and reported according to the provisions of this act, 
and shall transmit such certificate to the auditor. The 
amounts legally paid and so allow'cd, with no expense for 
disbursement, shall be reimbursed by the connnonwealth to 
the several cities and towns on or before the tenth day of 
November in the year after the expenditures have been 
made. Approved April 10, 1917. 



1914, 587, § 3, 
amended. 



ChapA^l An Kqt kelative to the furnishing of aid to children 

AND widowed mothers OF SOLDIERS AND SAILORS WHO 
SERVED IN THE WAR WITH SPAIN. 

Be it enacted, etc., as follows: 

The paragraph relating to the second class of recipients 
of state aid in section three of chapter five hundred and 
eighty-seven of the acts of the year nineteen hundred and 
fourteen is hereby amended by striking out the w^ords "of 
wounds or disease inciu-red in such service", in the four- 
teenth and fifteenth lines, — so that said paragraph will 
read as follows : — Second Class, Dependent relatives of 
soldiers or sailors who served in the manner and under the 
limitations described for the service of said invalid pensioners, 
andllaiiore"'"'^^ aud wlio, if they did not continue in the service of the United 
States awaiting discharge upon the official proclamation 
ending the war with Spain, or did not die in the service 
above defined for invalid pensioners, were honorably dis- 
charged therefrom, as follows : — The wives and widowed 
mothers of such invalid pensioners who served in the civil 
war, and the wddows and widowed mothers of soldiers or 
sailors dying in such service or after their honorable dis- 
charge therefrom, and the widows, children and widowed 



Payment of 
state aid to 
children and 
widowed 
mothers of 



General Acts, 1917. — Chap. 162. 153 

mothers of soldiers or sailors who served in the war with 
Spain, dying in such service or dying after their honorable 
discharge therefrom, or dying while in receipt of a pension 
of the United States and the state aid of this commonwealth, 
and the wives, children and widowed mothers of such invalid 
pensioners who served in the war with Spain, Such chil- ^fg^bi^ ''^"'''^^° 
dren shall not be more than fourteen years of age, and shall 
have been born prior to their father's discharge from said 
service and prior to the date of said proclamation. There 
shall also be included in this class the crippled or other- 
wise helpless children, whether minors or adults, of soldiers or 
sailors who served in either of the said wars: provided, that Proviso. 
such children are in receipt of a pension from the United 
States. Approved April 10, 1917. 

An Act to authorize certain cities to publish (JJiq^^ jg2 

MUNICIPAL BULLETINS. 

Be it enacted, etc., as follows: 

Section twenty-three of Part I of chapter two hundred and f^^^lf ^*^'' 
sixty-seven of the General Acts of the year nineteen hundred amended. 
and fifteen is hereby amended by adding at the end thereof 
the following: — provided, hoicever, that if any ordinance or 
proposed ordinance, or codification of ordinances or proposed 
ordinances, shall exceed in length eight octavo pages of 
ordinary book print, then, in lieu of the advertising required 
by this section, the same may be published by the city 
council in a municipal bulletin or printed pamphlet, and if 
so published in full at least ten days before its final pas- 
sage, and thereafter, as amended and completed, again pub- 
lished in such bulletin or pamphlet, said publications shall 
be deemed sufficient without the newspaper publication as 
herein required, — so as to read as follows : — Section 23. ^l^^"^^^' 
Every proposed ordinance or loan order, except emergency published in 
measures as hereinbefore defined, shall be published once 
in full in at least one newspaper of the city, and in any 
additional manner that may be provided by ordinance, at 
least, ten days before its final passage. After such final 
passage, it shall, in the same manner as before, again be 
published once, as amended and completed, except in the 
case of an emergency ordinance which may be passed as 
hereinbefore provided and which shall take effect on its 
passage, and shall be so published at the earliest practicable 
moment: provided, however, that if any ordinance or pro- Proviso. 



154 General Acts, 1917. — Chaps. 163, 164. 

Same subject, posed Ordinance, or codification of ordinances or proposed 
ordinances, shall exceed in length eight octavo pages of 
ordinary book print, then, in lieu of the advertising required 
by this section, the same may be published by the city 
council in a municipal bulletin or printed pamphlet, and if 
so published in full at least ten days before its final pas- 
sage, and thereafter, as amended and completed, again pub- 
lished in such bulletin or pamphlet, said publications shall 
be deemed sufficient without the newspaper publication as 
herein required. Apiiroved April 10, 1917. 

ChapAGf^ An Act relative to actions for the support of minor 

CHILDREN. 

Be it enacted, etc., as follows: 

^upSTrtS^*^'^ In any criminal prosecution or proceeding against a 

minor chii- father for failure to support his minor children brought in 

any bourt whatsoever, it shall not be a defence that a divorce 

has been decreed between the defendant and his wife and 

that the custody of the children has been granted to her. 

Approved April 10, 1917. 

Chap.164: An Act to authorize the insurance commissioner to 

LICENSE ADJUSTERS OF LOSSES UNDER FIRE INSURANCE 
POLICIES. 

Be it enacted, etc., as follows: 
Insurance Section 1. The iusuraucc commissioner may, upon the 



commissioner 



may license payment of a fee of two dollars, issue to any suitable person 
losses under a liccnsc to act as an adjuster of fire losses in this common- 
poficies""^^""^ wealth upon the following conditions: The applicant for 
the license shall file with the insurance commissioner an 
application in writing, upon a form to be provided by the 
commissioner, which shall be sworn to by the applicant, 
and kept on file by the commissioner. The application shall 
state the name, age, residence and occupation of the appli- 
cant at the time of making the same, and his occupation 
for the five years next preceding the date of filing the appli- 
cation, and shall give such other information as the com- 
missioner may require. The application shall be accom- 
panied by a statement, upon a blank furnished by the com- 
i missioner, as to the trustworthiness and competency of the 
applicant, signed by at least three reputable citizens of 
this commonwealth. If the insurance commissioner is 



General Acts, 1917. — Chap. 165. 155 

satisfied that the appHcant is trustworthy and competent, 
the Hcense shall issue. The commissioner may at any insurance 
time after the granting of an adjuster's license, for cause m^^evoke"^ 
shown, and after hearing, determine that the licensee has '"^®°^°- 
not complied with the insurance laws, or is not trustworthy 
or competent, or is not a suitable person to act as adjuster, 
and he shall thereupon revoke the license, and notify the 
licensee of the revocation. Licenses hereunder shall expire Licenses, 
in one year from their date, but may be renewed for any renewlr" '*"'^ 
succeeding year upon the payment of a like fee, without 
requiring the applicant for renewal, in the discretion of the 
commissioner, to set forth anew the details required in the 
original application. The term "adjuster" as used in this "Adjuster," 
act shall mean a person other than an attorney at law acting 
in the usual course of his profession, or other than a trustee 
or agent of the property afi'ected, who, for compensation 
directly or indirectly solicits from the assured or the assured's 
representative the settlement of a loss under a fire insurance 
policy. 

Section 2. Whoever acts in this commonwealth as an Penalty. 
adjuster without a license as above provided shall be })unished 
by a fine not exceeding two hundred dollars, or by imprison- 
ment for not more than six months. 

Section 3. This act shall take effect sixty days after its Time of tailing 
passage. Approved April 10, 1017. 

An Act relative to the authority of the supervisor (Jfiap 155 
OF administration and his deputies. 

Be it enacted, etc., as follows: 

Section 1. The supervisor of administration, with the Supervisor of 
approval of the committee on JBnance of the council, may tion'may'^''' 
designate a deputy to act as supervisor during his absence deputy to act 

or disability. ^° his absence. 

Section 2. Chapter seven hundred and nineteen of the 1912, 719, § 9, 
acts of the year nineteen hundred and twelve is hereby ^^^ 
amended by striking out section nine and inserting in place 
thereof the following: — Section 9. Whenever requested to Special exam- 

1 •! •,• 1 ,•• ej_ f 1 inations to be 

make a special examination under section six, or after nrst made, etc. 
obtaining the approval of the governor, or of the committee 
on finance of the council, in making a special examination 
under section seven, the supervisor or any deputy desig- 
nated by him may require the attendance and testimony of 
witnesses, and the production of all books, papers, contracts 



156 



General Acts, 1917. — Chap. 165. 



Powers of 
supervisor and 
deputies. 



Penalty for 
refusal of wit- 
ness to 
attend, etc. 



Depositions of 
persons outside 
the common- 
wealth, etc. 



1916, 296 (O), 
§ 8, amended. 



and documents relating to any matter authorized by this 
act. Witnesses shall be summoned in the same manner and 
shall be paid the same fees as witnesses before the supe- 
rior court. The supervisor may prescribe rules and regula- 
tions for the conduct of hearings, and he or his deputies 
may administer oaths to witnesses or take their affirmation. 
If any person summoned and paid as a witness shall refuse 
to attend, or to be sworn or to affirm, or to answer any 
question, or to produce any book, contract, document or 
paper pertinent to the matter before the supervisor or 
deputy, a justice of the supreme judicial court, or of the 
superior court, upon application by the supervisor or his 
deputy, may issue an order requiring such person to appear 
before the supervisor or deputy, and to produce his books, 
contracts, documents and papers and to give evidence 
touching the matter in question. Failure to obey such 
an order of the court may be punished by the court as a 
contempt thereof. Any person summoned and paid who 
shall refuse to attend, or to be sworn or to affirm, or to 
answer any proper question, or to produce any book, con- 
tract, document or paper, pertinent to the matter before 
the supervisor or deputy, and any person who wilfully 
interrupts or disturbs any hearing, or who is disorderly 
thereat, shall be punished by a fine not exceeding fifty 
dollars, or by imprisonment for not more than thirty days, 
or by both such fine and imprisonment. Any person who 
swears or affirms falsely before the supervisor or deputy 
upon any point material to the matter of inquiry shall be 
guilty of perjury, and shall be punished as provided in 
sections one to five, both inclusive, of chapter two hundred 
and ten of the Revised Laws and amendments thereof. 
Upon application by the supervisor or his deputy, com- 
missions to take depositions of persons without the com- 
monwealth may be issued by a justice of the supreme judicial 
court, or of the superior court, to be used in hearings before 
the supervisor or deputy, and all statutes and rules relating 
to such commissions in civil actions shall apply to com- 
missions issued under the provisions of this act. Nothing 
in this act shall be construed to compel any person to give 
any testimony or to produce any evidence, documentary or 
otherwise, which may tend to incriminate him. 

Section 3. Chapter tv/o hundred and ninety-six of the 
General Acts of the year nineteen hundred and sixteen is 
hereby amended by striking out section eight and inserting 



General Acts, 1917. — Chaps. 166, 167. 157 

in place thereof the following: — Section 8. In making any Production of 

.. , . lii'iii papers, etc. 

examination the supervisor or any deputy designated by 
him may require the production of books, papers, contracts 
and documents relating to any matter within the scope of 
the investigation. Approved April 10, 1017. 



An Act eelative to water companies. Chan 166 

Be it enacted, etc., as foUvivs: 

Section 1. The provisions of sections thirty-five, one Provisions of 
hundred and sixty-five, one hundred and sixty-seven, one lesf'ie^f'iel^^' 
hundred and sixty-eight and one hundred and seventy of to^appiyto*^^' 
chapter seven hundred and forty-two of the acts of the certain water 
year nineteen hundred and fourteen are hereby extended so 
as to include and apply to all corporations mentioned in 
section one of chapter seven hundred and eighty-seven of the 
acts of the year nineteen hundred and fourteen, whether 
organized under special or general laws. 

Section 2. In all proceedings for the acquisition by a Board of gas 
city or town of the water works and other property of a figilt*'com™is- 
water company created by special law in this common- In^q^uesUons''^^ 
wealth which provides for the appointment of commissioners et<=- 
for the determination of the price to be paid for such water 
works and property, the matters to be referred to, heard 
and determined by, such commissioners, shall hereafter be 
referred to, heard and determined by, the board of gas and 
electric fight commissioners, and the determination and 
award of said board in such cases shall have the same force 
and effect as if the determination and award had been 
made by the commissioners provided for in the charters of 
such companies. 

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

Approved April 11, 1917. 



An Act relative to commitments to the industrial r}i„jy 1 57 

SCHOOL for boys. ' 

Be it enacted, etc., as follows: 

Section 1. The limitation of time, established by section commitments 
two of chapter four hundred and seventy-two of the acts of ^iarschJ^i^" 
the year nineteen hundred and nine, as amended by chapter ^°'" '^*'^- 
six hundred and five of the acts of the year nineteen hun- 
dred and eleven and by chapter two hundred and seven of 



158 



General Acts, 1917. — Chap. 168. 



the acts of the year nineteen hundred and fourteen, is hereby 
extended to December thirty-first, nineteen hundred and 
nineteen. 
Section 2. This act shall take effect upon its passage. 

Approved April 11, 1917. 



1916, 292 (G), 
§ 4, amended. 



C/iap. 168 An Act to prohibit the practice of law by in- 
corporated COLLECTION AGENCIES OR ADJUSTMENT 
BUREAUS. 

Be it enacted, etc., as follows: 

' Section four of chapter two hundred and ninety-two of 
the General Acts of the year nineteen hundred and sixteen 
is hereby amended by striking out the words "lawfully en- 
gaged in the business of conducting a mercantile or collection 
agency or adjustment bureau, or", in the se(5ond, third and 
fourth lines, and by adding at the end thereof the following: 
— Nothing in this act shall be construed to prohibit a cor- 
poration la\\^ully engaged in the business of conducting a 
mercantile or collection agency or adjustment bureau from 
employing an attorney-at-law to give legal advice con- 
cerning, or to prosecute actions in court which relate to, 
the adjustment or collection of debts and accounts only, — 
so as to read as follows: — Section 4' This act shall not 
apply to any public service corporation nor to any corpora- 
tion 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 en- 
gaged 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. Nothing in this act shall be construed to 
prohibit a corporation lawfully engaged in the business of 
conducting a mercantile or collection agency or adjustment 
bureau from employing an attorney-at-law to give legal 
advice concerning, or to prosecute actions in court which 
relate to, the adjustment or collection of debts and accounts 
only. Approved April 11, 1917. 



Act prohibit- 
ing practice of 
law not to 
apply to cer- 
tain corpora- 
tions. 



General Acts, 1917. — Chap. 169. 159 



An Act to provide for training in the duties of Chap.lQQ 

CITIZENSHIP IN THE PUBLIC SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-two of the Revised Laws, as r. l. 42, §i, 
amended in section one 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, is hereb}^ further amended 
by striking out said section one and inserting in place thereof 
the following: — Section 1. Every city and town shall ^r"anchM'to°be 
maintain, for at least thirty-two weeks in each year, a taught. 
sufficient number of schools for the instruction of all the 
children who may legall}^ attend a public school therein, 
except that in /towns whose assessed valuation is less than 
two hundred thousand dollars, the required period may, 
with the consent of the board of education, be reduced to 
twenty-eight weeks. Such schools shall be taught by teachers 
of competent ability and good morals, and shall give in- 
struction in orthography, reading, writing, the English 
language and grammar, geography, arithmetic, drawing, 
the history of the United States, training in the duties 
of citizenship, physiology and hygiene, and good behavior. 
In each of the subjects of physiology and hygiene, special J^fg^uctjon 
instruction as to the effects of alcoholic drinks and of stimu- ^"j^^J^fg'" 
lants and narcotics on the human system, and as to tuber- 
culosis and its prevention, shall be taught as a regular 
branch of study to all pupils in all schools which are sup- 
ported w^holly or partly by public money, except schools 
which are maintained solely for instruction in particular 
branches. Bookkeeping, algebra, geometry, one or more 
foreign languages, the elements of the natural sciences, 
kindergarten training, manual training, agriculture, sewing, 
cooking, vocal music, physical training, civil government, 
ethics, thrift and such other subjects as the school com- 
mittee consider expedient may be taught in the public 
schools. 

Section 2. This act shall take effect on the first day of Time of tak- 
August, nineteen hundred and seventeen. 

Approved April 11, 1917. 



160 



General Acts, 1917. — Chap. 170. 



1911, 236, § 1, 
etc., amended. 



Open season 
for ruffed 
grouse, etc. 



Chap. 170 An Act relative to an open season for the hunting 

OF RUFFED GROUSE, WOODCOCK, QUAIL, GRAY SQUIRRELS, 
HARES AND RABBITS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
thirty-six of the acts of the year nineteen hundred and 
eleven, as amended by chapter two hundred and three of 
the acts of the year nineteen hundred and twelve, is hereby 
further amended by striking out the words "twelfth day of 
October", in the second line, and inserting in place thereof 
the words : — first day of November, — by striking out the 
word "twelfth", in the third line, and inserting in place 
thereof the word : — thirtieth, — and by inserting after 
the word "killed", in the .seventh line, the words: — except 
that in the counties of Berkshire, Franklin, Hampden and 
Hampshire, the open season on woodcock shall be from the 
twentieth day of October to the thirtieth day of November, 
both days inclusive, — so as to read as follows: ^ — Section 
1. It shall be unlawful, excepting only between the first 
day of November and the thirtieth day of November of 
each year, both dates inclusive, to hunt, pursue, take or 
kill a ruffed grouse, commonly called partridge, or a wood- 
cock, or to have the same, or any part thereof, in possession, 
whenever or wherever the same may have been taken or 
killed; except that in the counties of Berkshire, Franklin, 
Hampden and Hampshire, the open season on woodcock 
shall be from the twentieth day of October to the thirtieth 
day of November, both days inclusive, and it shall be un- 
lawful at any time to buy, sell, offer for sale, or otherwise 
dispose of a ruffed grouse or woodcock or nwy part thereof, 
whenever or wherever the same may have been taken or 
killed ; and it shall be unlawful at any time to take or send 
or cause to be taken or transported beyond the limits of the 
commonwealth the above named birds, or to have in posses- 
sion any such bird with intent to take or cause the same to 
be taken out of the commonwealth. 

Section 2. Section one of chapter three hundred and 
fifty-six of the acts of the year nineteen hundred and eleven, 
as amended by chapter two hundred and seventy of the acts 
of the year nineteen hundred and twelve, is hereby further 
amended by striking out the words "twelfth day of Octo- 
ber", in the second line, and inserting in place thereof the 



1911, 356, § 1, 
etc., amended. 



General Acts, 1917. — Chap. 170. 161 

words : — first day of November, — and by striking out 
the word "twelfth", in the third Hne, and inserting in place 
thereof the word: — thirtieth, — so as to read as follows: — 
Section 1. It shall be unlawful excepting only between the open season 
first day of November and the thirtieth day of November ^°'' 'i"''''' ''*''• 
of each year, both dates inclusive, to hunt, pursue, take or 
kill a quail or to have the same, or any part thereof, in 
possession except as provided in sections two and three 
hereof; and it shall be unlawful at any time to take or send 
or cause to be taken or transported beyond the limits of the 
commonwealth a quail which was taken or killed within 
the commonwealth, or to have in possession quail with in- 
tent to take or cause the same to be taken out of the com- 
monwealth, except quail artificially propagated as provided 
in section two hereof. 

Section 3. Section one of chapter one hundred and etc.',' amended. 
seventy-two of the acts of the year nineteen hundred and 
eleven, as amended by chapter two hundred and seventy 
of the acts of the year nineteen hundred and thirteen, is 
hereby further amended by striking out the words "twelfth 
day of October", in the second line, and inserting in place 
thereof the words : — first day of November, — and by 
striking out the word "twelfth", where it occurs the second 
time in the second line, and inserting in place thereof the 
word : — thirtieth, — so as to read as follows : — Section 1 . Op'*" season 

Till! ipi 11 7f» 1 p gray squir- 

It shall be unlawful except only between the first day oi reis, etc. 
November and the thirtieth day of November of each year, 
both days inclusive, to hunt, take or kill a gray squirrel, or 
to sell, or offer for sale, or to have in possession for the 
purpose of sale, a gray squirrel, wherever taken. or killed, 
or to take or kill at any time a gray squirrel by means of 
a trap, net or snare, or for the purpose of killing a gray 
squirrel to construct or set a trap, snare or net. 

Section 4. Section one of chapter one hundred and etc*'a\nended 
eighteen of the acts of the year nineteen hundred and eleven, 
as amended by chapter one hundred and twenty of the acts 
of the year nineteen hundred and foiu-teen, is hereby further 
amended by striking out the word "eleventh", in the third 
line, and inserting in place thereof the words : — thirty-first, 
— so as to read as follows : — Section 1 . It shall be unlawful fo^'h'aresTnd 
to hunt, take or kill a hare or rabbit between the first day rabbits. 
of March and the thirty-first day of October, both inclusive, 
or to buy or sell or offer for sale a hare or rabbit taken or 
killed during the said period in this commonwealth, or 



162 



General Acts, 1917. — Chaps. 171, 172. 



Proviso. 



taken or killed at any time contrary to the laws of any 
other state or country. But any person may buy or sell 
hares or rabbits at any time: provided, that they were not 
taken or killed contrary to the laws of this commonwealth 
or of any other state or country. 

Approved April 12, 1917. 



Tax commis- 
sioner may 
gather infor- 
mation relative 
to the value of 
real estate. 



Chap. 171 An Act to empower the tax commissioner to gather in- 
formation RELATIVE TO THE VALUE OF REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The tax commissioner is hereby authorized 
to collect and tabulate information as to the sale price and 
actual value of parcels of real estate in the several cities and 
towns of the commonwealth. For this purpose he may 
examine the records of registries of deeds and of probate, 
he may require assessors to furnish him with any informa- 
tion in their knowledge or possession, and he may consult 
any persons having knowledge, or believed by him to have 
knowledge, as to the sale price and actual value of separate 
parcels of real estate. 

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

Approved April 13, 1917. 



R. L. 116, § 13, 
amended. 



Chap. 11 2 An Act relative to the investments of trust 

companies. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter one hundred and 
sixteen of the Revised Laws is hereby amended by striking 
out the word "corporations", in the first line, and insert- 
ing in place thereof the word : — corporation, — and by add- 
ing at the end thereof the following: — or of governments, 
both foreign and domestic, — so as to read as follows: — 
Section 13. Such corporation may, subject to the limita- 
tions of the following section, advance money or credits, 
whether capital or general deposits, on real property situated 
within this commonwealth and on personal security, on 
terms that may be agreed upon, and also invest its money 
or credits, whether capital or general deposits, in the stocks, 
bonds or other evidences of indebtedness of corporations or 
of governments, both foreign and domestic. 



Investments 
of trust com- 
panies ex- 
tended. 



General Acts, 1917. — Chap. 172. 163 

Section 2. Section thirty-four of said chapter one hun- R. l. iie, § 34, 

dij-j. J1L j^'j- fix etc., amended. 

red and sixteen as amended by section two or chapter one 

hundred and twenty-nine of the General Acts of the year 
nineteen hundred and sixteen, is hereby further amended 
by adding at the end thereof the following: — The total 
liabilities to any one such corporation of any government, 
either foreign or domestic, other than the government of 
the United States of America or of this commonwealth, 
shall not exceed one tenth part of the surplus account and 
of such amount of the capital stock of such corporation as 
is actually paid up, and no trust company shall invest, or 
advance an aggregate amount exceeding at any one time 
twenty per cent of its surplus account and paid up capital 
stock in such securities and evidences of indebtedness, — so 
as to read as follows : -^Section 34- The total liabilities of ^^'''^''^3^ °^ 
a person, other than cities or towns, including in the liabilities person, etc. 
of a firm the liabilities 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 corporation having a capital stock of less than five 
hundred thousand 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 dis- 
count of commercial or business paper actually owned by 
the person negotiating it, shall not be considered as money 
borrowcd^The total liabilities to any one such corporation Liability to 
of any government, either foreign or domestic, other than co/pomtion, 
the government of the United States of America or of this ^'*'" 
commonwealth, shall not exceed one tenth part of the 
surplus account and of such amount of the capital stock 
of such corporation as is actually paid up, and no trust 
company shall invest, or advance an aggregate amount ex- 
ceeding at any one time twenty per cent of its surplus ac- 
count and paid up capital stock in such securities and evi- 
dences of indebtedness. 
Section 3. This act shall take effect upon its passage. 

Approved April 13, 1917. 



164 



General Acts, 1917. — Chaps. 173, 174, 175. 



Chap. 173 An Act to provide additional clerical assistance for 

THE TREASURER OF THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

The treasurer of the county of Middlesex shall be allowed 
a sum not exceeding three thousand dollars annually for 
such clerical assistance as may be approved by the county 
commissioners of the county, in substitution for the allow- 
ance granted said treasurer by chapter two hundred and 
seventy of the acts of the year nineteen hundred and eleven. 

Approved April 13, 1917. 



Additional 
clerical assist- 
ance for the 
treasurer of 
Middlesex 
county. 



Sidewalk to 
be constructed 
on Tyngsbor- 
ough bridge. 



Chap. 11 4: An Act to provide for the construction of a side- 
walk ON TYNGSBOROUGH BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of rendering the Tyngs- 
borough bridge, which crosses the Merrimack river at the 
town of Tyngsborough, safe for foot travel, the county com- 
missioners of the county of Middlesex are hereby directed 
to construct, at a cost not exceeding three thousand dollars, 
to be paid out of the treasury of said county, a sidewalk or 
suitable foot path on, or attached to, said bridge, in sub- 
stantial conformity with a report made to said commissioners 
in the year nineteen hundred and sixteen. 

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

Approved April 16, 1917. 



Chap. lib An Act relative to the maturity of certain notes 

AUTHORIZED TO BE ISSUED BY THE COUNTY OF PLYM- 
OUTH. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter sixty-eight of the 
General Acts of the year nineteen hundred and seventeen 
is hereby amended by striking out the word "thirty", in 
the second sentence, and inserting in place thereof the 
word: — five, — and by striking out the words "bonds or", 
in the fourth sentence, so as to read as follows : — Section 2. 
The expense incurred under this act shall not exceed the 
sum of thirty thousand dollars, and said county commis- 



1917, 68 (G), 
§ 2, amended. 



Maturity of 
certain notes 
authorized to 
be issued by 
the county of 
Plymouth. 



General Acts, 1917. — Chap. 176. 165 

sioners are hereby authorized to borrow on the credit of 
the county, and to issue notes of the county therefor, such 
sums, not exceeding said amount as may from time to time 
be required for the cost and expense aforesaid. Such notes 
shall be payable by such annual payments beginning not 
more than one year after the date thereof, as will extinguish 
each loan within five years from its date. The amount of 
such annual payment in any year shall not be less than the 
amount of the principal of the loan payable in any subsequent 
year. Each authorized issue of notes shall constitute a 
separate loan. All amounts so borrowed shall be deposited 
in the county treasury, and the treasurer of the county 
shall pay out of the same such sums as are authorized by 
the county commissioners, and shall keep a separate and 
accurate account of all moneys borrowed and expended 
under the provisions of this act, including interest. 
Section 2. This act shall take effect upon its passage. 

Approved April 16, 1917. 



An Act relative to the independent agricultural Chav.llQ 

SCHOOL IN THE COUNTY OF ESSEX. 

Be it enacted, etc., as follows: 

Section 1. The name of the independent agricultural ^^sex Co»nty 
school of the county of Essex is hereby changed to Essex School. 
County Agricultural School, 

Section 2. The said school may provide short-unit Courses of 
courses of instruction both at the school and elsewhere in 
the county. Members of the school staff shall investigate 
farm and market affairs for the purpose of advising indi- 
viduals and organizations with reference to better business 
methods available to farmers and more satisfactory methods 
of marketing farm products, shall give instruction in the 
formation of co-operative enterprises, and shall perform any 
other work calculated to promote the agricultural or rural 
development of the county. It shall be the duty of members 
of the staff to keep in touch with, and to bring to the assist- 
ance of such individuals and organizations, all agencies in 
the commonwealth or elsewhere that will enable them to 
utilize the latest and best knowledge in the furtherance of 
their work. 

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

Approved April 16, 1917. 



166 



General Acts, 1017. — Chaps. 177, 178. 



Chap. 117 An Act to provide compensation to the city of re- 
vere FOR THE USE OF ITS SEWERAGE SYSTEM BY THE 

metropolitan park commission. 



City of Revere 
compensated 
for use of its 
sewerage sys- 
tem, etc. 



Be it enacted, etc., as follows: 

Section 1. The commonwealth, acting throngh the met- 
ropoUtan park commission, shall have the right to maintain 
and use the existing outlet connection of the sewerage 
system in Revere beach reservation with the sewerage 
system of the city of Revere, and to connect the sewer- 
age system of Revere beach bath house with the sewerage 
system of said city in Ocean avenue, for the disposal of 
the sewage of said bath house and of the land upon which 
the same is situated, and shall also have the right to make 
such other connections with the sewerage system of said 
city as may hereafter be necessary for the use and de- 
velopment of all lands now under the control of said com- 
mission in said city, including the right to discharge sewage 
from buildings now or hereafter erected on said lands into 
the sewerage system of said city. There shall be allowed and 
paid to the city of Revere out of the Metropolitan Parks 
Maintenance Fund the sum of ten thousand dollars in full 
compensation for the right to use the sewerage system of 
said city, as herein provided, and for all use heretofore 
made of the same by the commonwealth. 

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

Approved April 16, 1917. 



Chap. 17 S An Act to authorize the commission on avaterways 

AND public lands TO LICENSE CERTAIN STRUCTURES IN 
the CONNECTICUT RIVER. 

Be it enacted, etc., as follows: 

Section 1. The commission on waterways and public 
lands may license, upon such terms as it deems expedient, 
the construction or extension of a dam, road, bridge, or 
other structure, or the filling of land or the driving of piles, 
in, over, or upon the waters of the Connecticut river below 
high water mark, or the making of excavations in the said 
river; and to every proceeding for a license under this act 
the provisions of chapter ninety-six of the Revised Laws 
and amendments thereof shall apply. 



Commission 
on waterways 
and public 
lands may li- 
cense certain 
structures in 
the Connecti- 
cut river. 



General Acts, 1917. — Chap. 179. 167 

Section 2. Every erection made, and all work done on Certain unau- 
or within the banks of said river below high water mark, to^^deemed 
which is not authorized by the general court or by said nuisunc^e. 
commission, or is made or done in a manner not sanctioned 
by said commission, without a license as hereinbefore pro- 
vided, shall be considered a public nuisance. The attorney- 
general and the district attorneys within their respective 
districts shall, at the request of said commission, institute 
j)roceedings to enjoin or abate any such nuisance. 

Section 3. Nothing in any license granted as aforesaid Legal rights 
shall be so construed as to impair the legal rights of any impaired. 
person. 

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

Approved April 16, 1917. 



ChapA79 



An Act to provide aid for certain dependent relatives 
of soldiers and sailors of the commonwealth in 
the federal service. 

Be it enacted, etc., as follows: 

Section 1. Any city or town may raise money by tax- cities and 
ation or otherwise, and, if necessary, expend the same by ^ovkie^aui for 
the officers authorized by law to furnish state and military reiatrvls"of 
aid, for the benefit of the wife, widow, children under sixteen sojdiers and 

p I'liiii i»i'i sailors in the 

years oi age, or any child dependent by reason or physical Federal serv- 
or mental incapacity, or the actually dependent parents, 
brothers and sisters, of any inhabitant of such city or town, 
having a residence and actually residing therein, who has 
enlisted, and responded to the call of the president or war 
department, or hereafter shall duly be enlisted, and who 
has been or shall be mustered into the military or naval 
service of the United States as a part of the quota of this 
commonwealth which may be called for service in the ITnited 
States or in any foreign country, up to January fifteenth, 
nineteen hundred and nineteen, unless the . said service is 
sooner terminated, in the same manner and under the same 
limitations, except as hereinafter provided, as state aid is 
paid to dependent relatives of soldiers or sailors of the civil 
war and of the war with Spain. 

Section 2. Persons who incur disabilities in the said ^iiitarylid 
service and who are honorably discharged therefrom shall 
be eligible to receive state and military aid under the same 
rules, conditions and limitations as to amount which now 



168 



General Acts, 1917. — Chap. 179. 



Applications, 
form, etc. 



Commissioner 
of state aid 
and pensions 
to furnish 
blanks, decide 
disputes, etc. 



Applications to 
be forwarded 
with recom- 
mendations. 



Returns of 
payments by 
municipal 
officers. 



Common- 
wealth to 
reimburse 
cities and 
towns. 



Proviso. 



govern applicants for aid under chapter five hundred and 
eighty-seven of the acts of the year nineteen hundred and 
fourteen. 

Section 3. Applicants for aid as aforesaid shall, as a 
basis for the first payment thereof, state in wTiting, under 
oath, the name, age and residence of the person for whom 
aid is sought, the relationship of such person to the soldier 
or sailor, the company and regiment or branch of the service 
in which the soldier or sailor is enlisted and in which he 
last served, the date and place of his enlistment, when known, 
the duration of his service, and the reason for the applica- 
tion, and shall furnish such official certificate or record, or 
other evidence of enlistment, service and discharge as may 
be required. 

Section 4. The commissioner of state aid and pensions 
shall furnish, from time to time, to each city and town a 
sufficient number of blank forms for the use of applicants; 
shall decide all questions in dispute between applicants and 
the municipal authorities; shall investigate all payments of 
aid; shall have power to determine all incidental questions 
arising in connection therewith; and shall have the custody 
of the original papers relating to each application. 

Section 5. Each application shall be forwarded to the 
commissioner of state aid and pensions by the municipal 
officers with whom the application is filed, within three days 
after it is filed, together with a recommendation of the said 
officers thereon. 

Section 6. Municipal officers making pa^Tnents under 
this act shall make return of the same to the commissioner 
of state aid and pensions on blank forms furnished by the 
commissioner, in the manner prescribed by chapter five 
hundred and eighty-seven of the acts of the year nineteen 
hundred and fourteen, except that so much of section six 
of said chapter as relates to the maximum aid to be allowed 
shall not apply. The said commissioner shall prescribe rules 
as to the amount and the disbursement of relief to the de- 
pendents of soldiers and sailors during the period when 
such soldiers and sailors are in the actual service of the 
United States, and reimbursement shall be made to the city 
or town from the treasiuy of the commonwealth for amounts 
actually expended: provided, that in no case shall more than 
forty dollars be reimbursed on account of the total aid 
rendered to all dependent relatives of any one soldier or 
sailor in any one month. All sums expended by cities and 



General Acts, 1917. — Chap. 180. 169 

towns In excess of the amount so authorized shall be borne cities and 
by the respective city or town in which the recipient has a excess amotTnta. 
legal settlement, in the form of soldiers' relief; but in the ^*°" 
case of dependents of a soldier or sailor without legal settle- 
ment, the amount expended by cities and towns in excess 
of the limit prescribed, after determination by the com- 
missioner of state aid and pensions as to how much relief is 
necessary to afford reasonable support, shall be reimbursed 
by the commonwealth. Pa3Tnent under this act may be 
made from the date of entry into the service of the federal 
government. 

Section 7. Cities and towns, to meet liabilities incurred ^''t^gl^^''^ 
under the provisions of this act, are hereby authorized to 
borrow in excess of the statutory limit, for a period not ex- 
ceeding one year, such sums as may be required, and to 
issue notes therefor to be payable in not more than one year 
from the date of issue. 

Section 8. The provisions of this act shall not apply to Not to apply to 
an}' inhabitant of this commonwealth who has enlisted, or other "tltes° 
who may hereafter enlist, in the corps of other states or ^^''- 
territories. 

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

Approved April 16, 1917. 

An Act relative to the granting of express permits (JJku) \^{) 

FOR THE transportation OF INTOXICATING LIQUORS INTO 
NO-LICENSE CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter four hundred and e^^' amended 
twenty-one of the acts of the year nineteen hundred and six, 
as amended by section one of chapter four hundred and 
twenty-three of the acts of the year nineteen hundred and 
eleven, is hereby further amended by striking out the word 
"shall", in the third line, and inserting in place thereof the 
word : — may, — and by adding at the end thereof the 
words : — The mayor and aldermen in cities and selectmen 
in towns may, in their discretion, refuse to grant any and 
all such permits, — so as to read as follows: — Section 2. Granting of 
The mayor and aldermen in cities and the selectmen in mits for the 

, . I'l 'IT p l^ n 1 n i j^ transportation 

towns m which said licenses or the nrst nve classes are not of intoxicating 
granted may annually in the month of April, grant and issue nS-'ikeVse*^ 
one or more permits under the provisions of this act, to Jowns'^mlde 
become effective on the first day of May following, and to optional. 



170 



General Acts, 1917. — Chaps. 181, 182. 



Certain provi- 
sions not to 
apply. 



be granted only to a person, firm or corporation regularly 
and lawfully conducting a general express business and to 
no other person, firm or corporation, and every such permit 
shall specify the residence by street and number (if any) of 
the holder, and shall be subject to all laws now or hereafter 
in force relative to the transportation of such litiuors. The 
mayor and aldermen in cities and selectmen in towns may, 
in their discretion, refuse to grant any and all such permits. 

Section 2. So much of any act as is inconsistent here- 
with shall not apply to the provisions of this act. 

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

. Approved ApriVlG, 1917. 



Secretary of 
commonwealth 
may publish 
information 
concerning the 
flag of the 
commonwealth , 
etc. 



Chap.l'Sl An Act authokizing the publication of information 

CONCERNING THE NATIONAL FLAG, THE FLAG OF THE 
COMMONWEALTH AND SIMIKiR RLiTTERS. 

Be it enacted, etc., as fullows: 

Section 1. The secretary of the commonwealth is hereby 
authorized to publish in pamphlet form information con- 
cerning the national flag, its history and anniversaries, a 
calendar of American liistory, the seal, coat-of-arms and 
flag of the commonwealth, the statutes of the common- 
wealth and of the United States relating to the national flag 
and the state flag, and such other material likely to promote 
patriotism as he may deem advisable. Ten thousand copies 
shall be printed and such further editions as may become 
necessary: provided, however, that the whole amount ex- 
pended for this purpose in the year nineteen hundred and 
seventeen shall not exceed one thousand dollars. The gov- 
ernor, lieutenant governor, councillors, senators and repre- 
sentatives shall be entitled to receive ten copies each, the 
remainder to be distributed to the public in the discretion 
of the secretary. 

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

Approved April 16, 1917. 



Proviso. 



Certain offi- 
cials to receive 
copies. 



Chap. 1S2 An Act relative to the taking of shiners for bait 

IN THE MERRIRL\CK AND CONNECTICUT RIVERS. 

Be it enacted, etc., as follows: 

Jhlnlrf "or bait Scctiou eighty-ouc of chapter ninety-one of the Revised 
in the Merri- Laws, as amended by section one of chapter one hundred 
Connecticut and sixtccu of tlic acts of the vear nineteen hundred and 



General Acts, 1917. — Chaps. 183, 184. 171 

four, and by section one of chapter eighty-one of the acts of "ibltld!™" 
the year nineteen hundred and five, relative to taking shiners 
in the Merrimack and Connecticut rivers, is hereby re- 
pealed. Approved April 16, 1917. 

An Act relative to lights on vehicles at night on Qhnr) 183 

PUBLIC HIGHWAYS AND BRIDGES. 

Be it enacted, etc., as foUoivs: 

Section one of chapter five hundred and seventy-eight of isii, 578, § i 

• 11111 11 etc., amended. 

the acts or the year nmeteen hundred and eleven, as amended 
by chapter one hundred and eighty-two of the acts of the 
year nineteen hundred and fourteen, and by chapter thirty 
of the General Acts of the year nineteen hundred and six- 
teen, is hereby further ■ amended by striking out the words 
"on wheels", in the first line, so as to read as follows: — 
Section 1. Every vehicle, whether stationary or in motion, certain vehicles 
on any public highway or bridge, shall have attached to it at nlght'on'^''*^ 
a light or lights which shall be so displayed as to be visible ^ayi'lnif'*' 
from the front and the rear during the period from one half bridges. 
an hour after sunset to one half- an hour before sunrise: 
provided, however, that this act shall not apply to any vehicle Proviso, 
which is designed to be propelled by hand, or to any vehicle 
designed for the transportation, as its principal freight, of 
hay or straw while loaded with such freight. 

Approved April 16, 1917. 

An Act relative to facilities for crossing the cape nj.^j. 104 
COD canal. ^' 

Be it enacted, etc., as folloivs: 

Section 1. The members of the public service com- joint commis- 
mission and of the commission on waterways and public ru°ies!et"?for 
lands, the county commissioners of the county of Barnstable, cTf^^oj'"' 
and the selectmen of the town of Bourne are hereby consti- Canaj. estab- 
tuted a joint commission for carrying out the provisions 
of this act. The said joint commission, after such notice as 
it shall deem sufficient, and after hearing the parties 
interested, may order the discontinuance of the ferry across 
the Cape Cod canal now maintained at or near the village 
of Bournedale in the town of Bourne, and may amend, 
modify or revoke any order made under the provisions of 
chapter four hundred and forty-eight of the acts of the 
year eighteen hundred and ninety-nine, and acts in amend- 
ment thereof or in addition thereto, relative to the con- 



172 



General Acts, 1917. — Chap. 184. 



Proviso. 



Boston, Cape 
Cod and New 
York Canal 
Comp)any may 
purchase cer- 
tain street rail- 
way property. 



Operation. 



Certain provi- 
sion not to 
apply. 

Time of taking 
effect. 



struction or maintenance of a bridge, ferry or tunnel across^ 
or under said canal at or near said village of Bournedale, 
and shall have power to impose such terms and condi- 
tions in respect to the time for taking effect of such order 
of discontinuance, or of such amendment, modification or 
revocation as, in its opinion, will adequately protect the 
public interests: provided, however, that the operation of 
said ferry at or near said village of Bournedale shall not be 
discontinued until a street railway has been constructed 
by the Plymouth and Sandwich Street Railway Company, 
or its successors and assigns, and is in operation along the 
north side of, and substantially parallel with, said canal, 
from a point at or near the bridge across said canal at or 
near the village of Sagamore in said Bourne to a point at or 
near the highway bridge across the canal at Bourne village, 
which, in the opinion of the said commission, will adequately 
serve the convenience of the public and of the residents of 
said village of Bournedale. 

Section 2. The Boston, Cape Cod and New York 
Canal Company is hereby authorized to subscribe for, or to 
purchase, and to hold, shares of the Plymouth and Sandwich 
Street Railway Company, or of its successors and assigns, 
to an amount at their par or face value not exceeding thirty- 
five thousand dollars. 

Section 3. After the operation of said ferry has been 
discontinued in accordance with the provisions of this act, 
said street railway shall be operated in such a manner as, 
in the opinion of said joint commission, will adequately serve 
the convenience of the public and of the residents of said 
village of Bournedale at all seasons of the year. The fare 
for the carriage of a passenger by said street railway from 
any point in the village of Bournedale to either of the termini 
hereinbefore named shall not exceed the sum of five cents. 
The superior court sitting in equity shall have jurisdiction 
to enforce the provisions of this section upon a petition filed 
in said court by the selectmen of the town of Bourne, or by 
ten taxable inliabitants of said town. 

Section 4. So much of any act as is inconsistent here- 
with shall not apply to the provisions of this act. 

Section 5. This act shall take effect upon its acceptance 
by the Plymouth and Sandwich Street Railway Company 
on behalf of itself, its successors and assigns. 

Approved April 16, 1917. 

Accepted April 18, 1917. 



General Acts, 1917. — Chaps. 185, 186, 187. 173 



An Act to provide that plans to be filed for record Qjidp 135 
IN registries of deeds shall be approved by boards 

OF SURVEY. 

Be it enacted, etc., as foUoius: 

Section 1. No register of deeds in this commonwealth pians to be filed 
shall accept for record any plan of any territory or sections d" edf to"bl ''^ 
of land showing thereon proposed streets or ways, in any boardJof ^^ 
municipality in which there is a board of survey, unless survey. 
the same shall have endorsed thereon a certification of said 
board, or other proper officer by it designated, that all provi- 
sions of law applicable to such plan have been complied 
with. 

Section 2. The city or town clerk of each city and o^wdr^"* 
town shall notify the register of deeds of the district in which "ot^ce, etc 
his municipality is situated of the acceptance by such city 
or town of any act establishing a board of survey therein, 
and also of the name of the official designated by said board 
to approve plans under the provisions of this act. 

Section 3. This act shall take effect on the first day of Ti^« °f ^^^ing 
July, nineteen hundred and seventeen. 

Ay proved April 16, 1917. 



An Act relative to the reporting of automobile (JJku) igg 

ACCIDENTS. 

Be it enacted, etc., as follows: 

Chapter five hundred and thirty of the acts of the year 1913, 530, § 1, 
nineteen hundred and thirteen is hereby amended by striking '*"^''° ^''^' 
out section one and inserting in place thereof the follow- 
ing : — Section 1 . Every operator of a motor vehicle which Automobile 
in any manner is involved in an accident in which any person re^rted\o° ^^ 
is killed or injured, shall forthwith report the same in writing j^fs'sJ^^^ 
to the Massachusetts highway commission. 

Approved April IG, 1917. 



com- 



An Act relative to the definition of "motor cycle." (JJmr> 137 
Be it enacted, etc., as folloujs: 

Section 1. Section one of chapter five hundred and etc^' amended 
thirty-four of the acts of the year nineteen hundred and 
nine, as amended by section one of chapter two hundred 



174 



General Acts, 1917. — Chaps. 188, 189. 



"Motorcycle," 
term defined. 



Repeal. 



Time of taking 
effect. 



and four of the acts of the year nineteen hundred and four- 
teen, by section one of chapter sixteen and also by chapter 
ninety-nine of the General Acts of the year nineteen hun- 
dred and fifteen, and by chapter two hundred and sixty of 
the General Acts of the year nineteen hundred and sixteen, 
is hereby further amended by inserting after the word 
"two", in the second line of the eighth paragraph, the 
words: — or three, — so that said paragraph will read as 
follows: — "Motor cycle" shall apply only to motor vehicles 
having but two or three 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 bic.ycle itself. 

Section 2. Sections two and three of chapter four hun- 
dred and twenty of the acts of the year nineteen hundred 
and fourteen are hereby repealed. 

Section 3. This act shall take effect on the first day of 
January, nineteen hundred and eighteen. 

Approved April 16, 1917. 



Chap ASS 



Taking of trout 
regulated. 



Penalty. 



Time of taking 
effect. 



An Act relative to the taking of trout. 
Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to take trout other than 
by rod and single line, and at any other time than between 
one hour before sunrise and two hours after sunset. No 
person shall in any one da}' take a total of more than twenty- 
five trout of any or all species, and when two or more persons 
are angling from the same boat or raft they shall take not 
more in the aggregate than thirty trout. 

Section 2. Any violation of this act shall be punished 
by a fine of not less than five nor more than twent}' dollars 
for each fish unlawfully taken. 

Section 3. This act shall take effect on the first day of 
January, nineteen hundred and eighteen. 

Approved April 16, 1917. 



Chap. 189 An Act to harmonize the standards for total milk 

solids and milk fat. 

Be it enacted, etc., as folloivs: 

Section fifty-six of chapter fifty-six of the Revised Laws, 



R. L. 56, §56, 
etc., amended. 



as amended by chapter six hundred and forty-three of the 



General Acts, 1917. — Chap. 190. 175 

acts of the year nineteen hnndred and eight, is hereby 
further amended by striking out the words "and fifteen 
hundredths", in the fourth Hne, so as to read as follows: — 
Section 56. In })rosecutif)ns under the provisions of sections standards for 
fifty-one to sixty-four, inclusive, milk which, upon, analysis, soifds'and miik 
is shown to contain less than twelve jjer cent of milk solids or ^^^ harmonized. 
less than three and thirty-five hundredths per cent of fat, 
shall not be considered of good standard quality. 

Appnmd April 16, 1917. 

An Act relative to specific material for protective C/^ar). 190 

INOCULATION, DIAGNOSIS OR TREATMENT TO BE FUR- 
NISHED BY THE STATE DEPARTMENT OP HEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter seventy-five of the r. l. 75, §4, 
Revised Laws, as amended by chapter four hundred and *'*''■■ ^™®" 
eighty of the acts of the year nineteen hundred and three, 
and by chapter one hundred and four of the acts of the year 
nineteen hundred and twelve, is hereby further amended 
by inserting after the word "inoculation", in the fifteenth 
line, the words: — diagnosis or treatment, — so as to read 
as follows: — -Section 4. Said board shall take cognizance state depart- 
of the interests of health and life among the citizens of the to'safe^uard 
commonwealth, make sanitary investigations and inquiries ofciti'zens'/'^^ 
relative to the causes of disease, and especially of epidemics, 
the sources of mortality and the effects of localities, em- 
ployrnents, conditions and circumstances on the public 
health, and relative to the sale of drugs and food and the 
adulterations thereof; and shall gather such information 
relative thereto as it considers proper for diffusion among 
the people. It shall advise the government relative to the 
location and other sanitary conditions of any public institu- 
tion; and shall have oversight of inland waters, sources of 
water supply and vaccine institutions, and may, for the May distribute 
use of the people of the commonwealth, produce and dis- protective"'^ 
tribute antitoxin and vaccine lymph and such specific ma- i^o<=^'**'<'°- 
terial for protective inoculation, diagnosis or treatment 
against typhoid fever and other diseases as said board may, 
from time to time, deem it advisable to produce and dis- 
tribute. It shall annually examine all main outlets of 
sewers and drainage of cities and towns of the common- 
wealth, and the effect of sewage disposal, and shall annually 
report thereon to the general court, with such recommenda- 



176 General Acts, 1917. — Chaps. 191, 192. 

tions for the protection of the interests of persons and 
property and for the prevention of offensive odors and 
objectionable conditions as it considers expedient. 
Section 2. This act shall take effect upon its passage. 

Approved April 18, 1917. 



C/iap. 191 An Act to extend the powers of mutual liability 

INSURANCE COMPANIES. 

Be it enacted, etc., as folloivs: 
Mutual liability SECTION 1. Domcstic Hiutual insui'ance companies au- 

insurance com- _ .... , , 

panies may tliorizcd to transact liability insurance may also make 
business. coiitracts of insuraiicc to guarantee the fidelity of persons 

holding positions of trust in private or public employment 
or responsibility, and may transact all kinds of liability 
insurance which stock companies are now, or may hereafter 
be, permitted by law to transact in this commonwealth, and 
any form of insurance to protect, indemnify or insure em- 
ployers against loss on account of injury to persons or 
damage to property for which they are responsible under 
existing laws, or for which they may become responsible 
under laws hereafter enacted, and may also transact the 
business of insuring against the sickness, and the bodily 
injury or death of the insured by accident. 
Must have Section 2. Bcforc anv such mutual liability insurance 

surplus, etc. " ^ .... 

company may transact the business of insuring agamst the 
sickness and the bodily injury- or death of the insured by 
accident it shall have a surplus of not less than one hundred 
thousand dollars, and before it may transact the business 
of fidelity insurance it shall have a surplus of not less than 
two hundred thousand dollars, and, if it transacts both 
classes, of three hundred thousand dollars, and these amomits 
representing surplus shall be maintained while the company 
transacts the said business. 
Section 3. This act shall take effect upon its passage. 

Approved April 18, 1917. 



Chap. 192 An Act relative to the auditing by the director oe 
the bureau of statistics of town accounts. 

Be it enacted, etc., as follows: 
Auditing by Section 1. The selectmen of a town may vote to petition 

bureau of sta- the director of the bureau of statistics for an audit of the 



General Acts, 1917. — Chap. 193. 177 

accounts of the town when, in their opinion, the condition tisticsoftown 
of the accounts are such as to warrant the making of an 
audit. The director of the bureau of statistics, upon receipt 
of a petition as aforesaid, shall, as soon as possible, cause 
such an audit to be made, the work to be done under the 
conditions and the cost to be assessed in the manner specified 
in chapter five hundred and ninety-eight of the acts of the 
year nineteen hundred and ten, as amended. 

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

Apyroved April 23, 1917. 



An Act eelative to the taking of samples of vinegar nfiQj) 5^93 

FOR THE PURPOSE OF ANALYSIS. 

Be it enacted, etc., as follows: 

Section 1. The collection of samples of vinegar, as au- Taking of 
thorized by the provisions of section twenty of chapter tXgLTfor 
seventy-five of the Revised Laws, and of chapter six hundred analysis regu- 
of the acts of the year nineteen hundred and eleven, and all i^*^^*^- 
acts in amendment thereof, and in addition thereto, shall 
be made under the direction and supervision of the state 
department of health, or by the local boards of health. 
Samples may be purchased in the open market, and the 
stencillings, tags, brands or other markings upon the con- 
tainer shall be noted. They shall be divided into substantially 
two equal parts of at least sufficient volume to permit of a 
proper analysis as required by law, and there shall be de- 
livered to the owner or other person from whom the vinegar 
is taken one of the two above mentioned parts properly 
labeled with identifying marks and sealed with a seal, pro- 
vided for that purpose, at the time of the taking of the 
samples and a receipt therefor shall be given to the inspector 
or collector. 

Section 2. Whoever m.akes, causes to be made, uses or Penalty. 
has in his possession, an imitation or counterfeit of a seal 
used by an inspector or other officer engaged in the inspection 
of vinegar, and whoever changes or tampers with a sample 
taken or sealed as provided in section one of this act, shall 
be punished by imprisonment for not more than six months, 
or by a fine of not more than one hundred dollars, or by 
both such fine and imprisonment. 

Approved April 23, 1917. 



178 General Acts, 1917. — Chaps. 194, 195, 196. 



Chap. 194: An Act relative to pleadings and proofs in suits to 

RECOVER FOR MERCHANDISE SOLD OR WORK DONE. 

Be it enacted, etc., as follows: 

p^wl'm^uit^ Section 1. In any action hereafter brought to recover 
m/rch'a^ndiie'^ ^^^^ amoiuit duc for goods, warcs and merchandise alleged 
sold, etc. to have been sold and dehvered, or for work, labor and 

services alleged to have been performed, the plaintiff, by 
notice in writing served on the defendant or his attorney, 
may call upon the other party to admit, for the purpose of 
the trial of the action, any fact which is material or the 
execution of any written paper which he intends to use at 
such trial. The court may delay the trial until such notice 
- is answered. If no answer is returned within ten days after 
a copy of said demand is filed in the clerk's office, or within 
such further time as may on motion be granted, the truth 
of the fact or the execution of the paper shall, for the pur- 
poses of that action, be held to be admitted. 
JfrlTcr^*'''''"^ Section 2. This act shall take effect on the first day of 
January in the year nineteen hundred and eighteen. 

Approved April 23, 1917. 

Chap.195 An Act to provide for enlarging the mount tom 

STATE reservation. 

Be it enacted, etc., as follows: 

s?ate"reS^a- The Mouut Tom state reservation commission is hereby 
tion commission autliorizcd to acQuirc b^' purchase, or bv right of eminent 

mav purchase 111 1 • ' • • 1 ' . . 

land. domain, such land adjommg the reservation as the com- 

mission may deem it expedient to acquire; and may expend 
from the treasury of the commonwealth for this purpose a 
sum not exceeding one thousand dollars. The provisions of 
chapter two hundred and sixty-four of the acts of the year 
nineteen hundred and three shall apply to the land acquired 
hereunder, and to the purchase or taking thereof. 

Approved April 23, 1917. 

Chap.ldQ An Act to permit the taking of European hares in 

the county of BERKSHIRE. 

Be it enacted, etc., a^ follows: 

etc.Vimelded. Chapter one hundred and eighteen of the acts of the year 
nineteen hundred and eleven, as amended by chapter one 



General Acts, 1917. — Chaps. 197, 198. 179 

hundred and twenty of the acts of the year nineteen hundred 

and fourteen, is hereby further amended by adding a new 

section, to be numbered three A, as Mlows: — Section 3 A. ^^yXeZkeT' 

The provisions of this act shall not apply in the county of j.^^^n'^'y^^'"'''' 

Berkshire to European hares, which may be hunted, taken 

or killed in that county at any time during the year. 

Approved April 23, 1917. 



An Act to extend the sanction of the common- ChavA97 

WEALTH TO THE RECRUITING BUTTON AND TO REGULATE 
ITS USE. 

Be it enacted, etc., as follows: 

Section 1. The so-called "Recruiting Button" which is commonwealth 
issued from the chief quartermaster's office shall bear the ^f "^Recrultrng 
seal of the commonwealth, and shall have inscribed thereon button." 
the words "1917 Willing and Ready", a facsimile of which 
shall be retained in the said office. The said button may 
lawfully be worn by any member of the national guard of 
Massachusetts, or by any person who has presented himself 
to the proper officials, and has duly been approved and 
enrolled as a recruit for active service in the military forces 
of the United States or the commonwealth of Massachu- 
setts. 

Section 2. The wearing of the said button by any Penalty for 
person other than those described in the preceding section weiring. 
shall be unlawful, and shall be punished by a fine of not 
less than five, nor more than fifty, dollars for each offence. 

Approved April 23, 1917. 

An Act relative to medical services in industrial (Jjiaj) 198 
accident cases. 

Be it enacted, etc., as follows: 

Chapter seven hundred and fifty-one of the acts of the 1911,751 (ii), 
year nineteen hundred and eleven, as amended in section amended. 
five of Part II by section one of chapter seven hundred and 
eight of the acts of the year nineteen hundred and fourteen, 
is hereby further amended by striking out said section five 
and inserting in place thereof the following; — Section 5. Medical serv- 
During the first two weeks after the injury, and, if the em- tnai accident 
ployee is not immediately incapacitated thereby from earn- ^^^"^^ 
ing full wages, then from the time of such incapacity, and in 



180 



General Acts, 1917. — Chap. 199. 



Injured em- 
ployee may 
select his own 
physician. 



unusual cases, in the discretion of the board, for a longer 
period, the association shall furnish adequate and reasonable 
medical and hospital services, and medicines, when they 
are needed. The employee shall have the right to select a 
physician other than the one provided by the association, 
and in case he shall be treated by a physician of his own 
selection, or, where, in case of emergency or for other justi- 
fiable cause, a physician other than the one provided by the 
association is called in to treat the injured employee, the 
reasonable cost of his services shall be paid by the associa- 
tion, subject to the approval of the industrial accident 
board. Such apj^roval shall be granted only if the board 
finds that the employee was so treated by such physician, 
or that there was such emergency or justifiable cause, and, 
in all cases, that the services were adequate and reasonable 
and the charges reasonable. 

{The foregoing was laid before the governor on the seven- 
teenth day of April, 1917, 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.) 



C/iap. 199 An Act authorizing the issuance of a certified state- 
ment BY the board op REGISTRATION IN MEDICINE TO 
take THE PLACE OF A LOST CERTIFICATE OF REGISTRA- 
TION. 



Be it enacted, etc., as follows: 



R. L. 76, § 9, 
etc., amended 



Board of regis- 
tration in medi' 
cine may issue 
certified state- 



Section 1. Chapter seventy-six of the Revised Laws as 
amended by section three of chapter fifty-fi^ve of the General 
Acts of the year nineteen hundred and seventeen, which adds 
a new section to said chapter seventy-six numbered nine A, 
is hereby fiuther amended by striking out said section nine 
A and inserting in place thereof the following : — Section 
9 A. No person shall enter upon, or continue in, the practice 
mentTn place of of mcdicinc withiu tliis commonwealth until he shall have 

lost certificate. .ii- i-r^j i" 'ij^* !•• 

presented his certificate or registration as a physician in 
this commonwealth, or, if he has lost said certificate, a 
certified statement issued by the board of registration in 
medicine, setting forth all the material facts in the original 
certificate which, for this and for any other purpose, shall 
be the equivalent of said certificate, to the city or town 
clerk of the city or town where he has, or intends to have, 
an office or his usual place of business, and shall at the time 
of such presentation of said certificate, pay to the said city 



General Acts, 1917. — Chap. 200. 181 

or town clerk a fee of twenty-live cents; and in a like manner, Registration of 

any physician residing in another state and legally qualified physkiin*!" 

to practice therein, whose general practice extends into the 

border cities or towns of this commonwealth, and who is 

exempt from registration in this commonwealth under the 

provisions of section nine of chapter seventy-six of the 

Revised Laws, shall present his certificate of registration 

from the state in which he is registered to the city or town 

clerk of the border cities or towns in this commonwealth to 

which his practice extends. Upon receipt of a fee of twenty- city or town 

n ,p j1 !> j'r>i 1' 'ii clerk to record 

nve cents from the owner oi a certihcate, as Jierem provided, same. 
it shall be the duty of said city or town clerk to record the 
name of the owner of said certificate, together with the date 
of record, upon blanks approved by the board of registra- 
tion in medicine, said blanks to be so arranged that a dupli- 
cate carbon copy shall be made at the time of the original 
record. The said city or town clerk shall keep the original ^*(fn to^pubiL 
record, which shall be open to inspection by the public, as inspection. 
a part of the records of his office, and shall, within twenty- 
four hours after making the same, forward the duplicate 
record to the office of the board of registration in medicine. 
Whoever practises or attempts to practise medicine in this Penalty. ' 
commonwealth before submitting his certificate of registra- 
tion to a city or town clerk as herein provided, or whoever 
submits to a city or town clerk a false or fraudulent certificate 
shall, for each offence, be punished by a fine of not less than 
five nor more than one hundred dollars; and any clerk of a 
city or town who refuses or neglects to comply with the 
provisions of this section shall, for each offence, be punished 
by a fine of not less than five nor more than ten dollars. 
Section 2. This act shall take eft'ect upon its passage. 

Approved April 24, 1917. 

An Act relative to motor vehicles and to the opera- fhnj^ 200 

TION THEREOF. ^ " 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and thirty-four of the 1909, 534, § h, 
acts of the year nineteen hundred and nine, as amended in ^^''■' ''"'''"'^'''^■ 
section fourteen by section five of chapter six hundred and 
five of the acts of the j^ear nineteen hundred and ten, and 
by section one of chapter one hundred and ninety of the 
acts of the year nineteen hundred and fourteen, is hereby 
further amended by striking out said section fourteen and 



182 



General Acts, 1917. — Chap. 200. 



Operators of 
motor vehicles 
to stop when 
approaching 
horse, etc. 



To drive eight 
feet from 
running board 
of street railway 
car, except, 
etc. 



To slow down 
and give signal 
when, etc. 



Provisos. 



Use of muffler 

cut-out 

regulated. 



Crossings 
of ways, 
manner of 
approaching. 



inserting in place thereof the following: — Section I4. Every 
person operating a motor vehicle shall bring the vehicle and 
the motor propelling it immediately to a stop when approach- 
ing a horse or other draft animal being led, ridden or driven, 
if such animal appears to be frightened and if the person in 
charge thereof shall signal so to do; and, if travelling in 
the opposite direction to that in which such animal is pro- 
ceeding, said vehicle shall remain stationary so long as may 
be reasonable to allow such horse or animal to pass; or, if 
travelling in the same direction, the person operating shall 
use reasonable caution in thereafter passing such horse or 
other animal. In approaching or passing a car of a street 
railway which has been stopped to allow passengers to 
alight from or board the same, the operator of every motor 
vehicle shall not drive such vehicle within eight feet of the 
running board or lowest step of the car then in use by pas- 
sengers for the piu-pose of alighting or boarding, except by 
the express direction of a traffic officer, or except at points 
where passengers are protected by safety zones. Upon ap- 
proaching a pedestrian who is upon the travelled part of 
any way and not upon a sidewalk, or where the operator's 
view is obstructed either upon approaching an intersecting 
way or a curve or corner in a way, every person operating 
a motor vehicle shall slow down and give a timely signal 
with his bell, horn or other device for signalling: inovidcd, 
that in the thickly settled part of a city or town no bell, 
horn or other device for signalling shall be sounded so as to 
make a harsh, objectionable or unreasonable noise, except 
in the case of fire and police department vehicles and ambu- 
lances; and provided, further, that no operator of any motor 
vehicle shall at any time permit any unreasonable amount 
of smoke to escape from such motor vehicle, nor shall said 
operator at any time open the muffler cut-out in the thickly 
settled parts of cities and towns; nor, at any time, in the 
thickly settled parts of cities and towns or elsewhere, permit 
such motor vehicle to make any unnecessary noise, by cut- 
ting out the muffler, or otherwise. The driver of any motor 
vehicle on any highway approaching a crossing of ways, 
shall slow down and keep to the right of the intersection of 
the centres of both ways, when turning to the right, and 
shall pass to the right of the intersection of the centres of 
said ways before turning to the left. 
Section 2. This act shall take effect upon its passage. 

Approved April 24, 1917. 



General Acts, 1917. — Chaps. 201, 202. 183 



An Act relative to the annual report of the board of Chap. 201 

PAROLE OP THE MASSACHUSETTS BUREAU OF PRISONS. 

Be it enacted, etc., as folloivs: 

Section 1. The board of parole of the Massachusetts Report of boani 
bureau of prisons shall make an annual report to the general "ndud'ed in that 
court, which shall be incorporated in the annual report of piisonT.*^'^ °^ 
the director of prisons. 

Section 2. Chapter thirty-five of the General Acts of the Repeal. 
year nineteen hundred and fifteen is hereby repealed. 

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

Approved April 24, 1017. 



Chap.202 



An Act providing for the registration of chiropo- 
dists BY the board of REGISTRATION IN MEDICINE. 

Be it enacted, etc., as follows: 

Section 1. The word "chiropody" shall, for the pur- "Chiropody," 
poses of this act, mean the external treatment of the structures ^'^"^ 
of the human foot by medical, mechanical or surgical means 
without the use of anaesthetics other than local amesthetics. 
But this act shall not apply to surgeons of the United States 
army, nayv', or of the marine hospital service, nor to physi- 
cians duly registered under the provisions of chapter seventy- 
six of the Revised Laws, and acts in amendment thereof 
and in addition thereto. 

Section 2. On and after the first day of October in the chiropodists to 
year nineteen hundred 'and seventeen, it shall be unlawful efc!^^^"**^"^^' 
for any person to practise or attempt to practise chiropody 
in this commonwealth, or to hold himself out as a chiropo- 
dist, or to designate himself, or describe his occupation, by 
the use of any words or letters calculated to lead others to 
believe that he is a registered chiropodist, unless he is duly 
registered as provided in this act. 

Section 3. Certificates of registration hereunder shall be Board of 
granted by the board of registration in medicine which, in mldfdneto^'* 
the examination of applicants, shall have the assistance of tm°a*tSf" 
two chiropodists who shall have practised chiropody in this 
commonwealth for a period of not less than five years. 
They shall be appointed, and may be removed at any time, Compensation 
by the board, and shall act imder its direction, and shall of board"*^^ 
each receive in full compensation for his services, the sum 
of one hundred and fifty dollars a year. For their services 



184 



General Acts, 1917. — Chap. 202. 



Compensation, 
etc., of board 
for examina- 
tion. 



Provisions of 
act to be 
published. 



Board to hold 
two examina- 
tions annually. 



Qualificationa 
to be regis- 
tered without 
examination. 



Practitioners 
of less than 
two years to be 
examined. 



under this act, the members of the board of registration in 
medicine who shall be designated by the board to act in 
the examination of applicants, shall each receive the sum 
of one hundred dollars a year; and the members of the 
board who act as aforesaid, and the two chiropodists who 
assist them, shall be allowed for their travelling expenses, 
necessarily incurred, such sums as may be approved by the 
governor and council. It shall be the duty of the said board 
to prepare and distribute forms of application for registra- 
tion, certificates to be granted to the persons registered, and 
such other documents as may be necessary or convenient 
in carrying out the provisions of this act. 

Section 4. Within thirty days after the passage of this 
act, the said board shall give notice of its provisions by 
publishing the same, or an abstract thereof, in one or more 
newspapers published in each county of the commonwealth. 
The board shall hold at least two examinations annually, 
at such times and places as shall be designated by the board, 
and after due notice of the same by publication at least 
twice a week for three successive weeks in one or more 
newspapers published in the county in which the examina- 
tion is to be held. The board may hold such other examina- 
tions as it may deem necessary or proper. 

Section 5. Registration under this act shall be granted 
as follows: — ^ (1) Any chiropodist who shall furnish the 
board with satisfactory proof that he is twenty-one years of 
age or over, and of good moral character, who shall make 
application for registration on or Before the first day of 
October, nineteen hundred and seventeen, and who proves 
to the satisfaction of the said board that he has been en- 
gaged in the practice of chiropody in this commonwealth 
for a period of two years or more next prior to the passage 
of this act, shall, upon the payment of a fee of ten dollars, 
be registered without examination, and shall receive a cer- 
tificate as a chiropodist registered under this clause, signed 
by the chairman and secretary of the board. 

(2) Any person who is engaged in the practice of chi- 
ropody in this commonwealth at the date of the passage of 
this act, but who has so been engaged for a period of less 
than two years next prior to the said date shall, upon furnish- 
ing the board with satisfactory proof that he is twenty-one 
years of age or over, and of good moral character, and upon 
the payment of a fee of fifteen dollars, be examined as pro- 
vided in sections three and eight of this act, and if found 



General Acts, 1917. — Chap. 202. 185 

qualified, shall be registered, and shall receive a certificate 
as a chiropodist registered under this clause, signed by the 
chairman and secretary. 

(3) Any person not entitled to registration as aforesaid, i^g^'dTlom^a^^' 
who shall furnish the board with satisfactory proof that he ^^^m certain 

„ 1 ' (• 1 1 schools, now 

IS twenty-one years oi age or over, and oi good moral registered. 
character, and that he has received a diploma or certificate 
from a reputable school of chiropody, or from some other 
institution of equal standing, having a minimum require- 
ment of one year's course of at least eight months shall, 
upon payment of a fee of fifteen dollars, be examined as pro- 
vided in sections three and eight of this act, and if found 
qualified, shall be registered, and shall receive a certificate 
as a chiropodist registered imder this clause, signed by the 
chairman and secretary. 

Section 6. An applicant for registration under the pro- Re-examina- 
visions of this act, who fails to pass an examination satis- *'°"" 
factory to the board, shall, within one year, if not disqualified 
under the provisions of sections nine and ten, be entitled to 
a re-examination upon payment of a fee of two dollars; 
and in case of failure to pass the second examination, shall, 
within one year thereafter, if not disqualified as aforesaid, 
be entitled to a third examination upon payment of a fee 
of two dollars; but if he fails to pass the third examination, 
he shall not be entitled to any further examination without 
filing another application and paying a fee of fifteen dollars. 

Section 7. Applications for registration shall be made Board to 
upon blanks to be furnished by the board, and shall be catron^waifks. 
signed and sworn to by the applicant. All certificates ®*'^- 
issued hereunder shall expire on the last day of the year in 
which~tliey are granted, but upon payment of a fee of two 
dollars may be renewed by the said board for each subsequent 
year, without examination. All fees received hereunder 
shall, once in each month, be paid by the secretary of the 
board into the treasury of the commonwealth. 

Section 8. Examinations for registration hereunder shall Examinations 
be in the English language, and shall be written, oral or English, etc. 
clinical, or partly written, oral or clinical, as the board may 
determine. The examinations shall include and be limited 
to the subjects of the anatomy, physiology, diagnosis and 
treatment of the human foot, asepsis, therapeutics and 
clinical chiropody, and applicants shall not be required to 
have received a medical or surgical education except as 
specified in clause (3) of section five of this act. No applicant 



186 



General Acts, 1917. — Chap. 202. 



Duties of 
board in refus- 
ing and revok- 
ing certificates, 
etc. 



"Unprofes- 
sional con- 
duct," term 
defined. 



Board may 
suspend 
registration 
for cause. 



Hearing may 
be requested. 



Complaints to 
be investigated, 



City and town 
clerks to record 
certificates 
of registration. 



who is required to pass an examination hereunder shall be 
registered unless he obtains a general average of seventy-five 
per cent in the various subjects in which he is examined, 
and not less than fifty per cent in any one subject. 

Sfx'TION 9. It shall be the duty of the said board to 
refuse to issue a certificate to any person, and to revoke any 
certificate issued by it to any person who, in the opinion of 
a majority of the board, is intemperate in the use of alcoholic 
liquors or narcotic drugs, or who has been convicted of an 
oft'ence involving moral turpitude, or who, in the opinion of 
the board, has been guilty of misconduct involving moral 
turpitude, or who has violated any provision of this act, 
or has been guilty of unprofessional conduct, or is in any 
other manner disqualified, morally, mentally or physically 
to receive a license hereunder, or who in his application for 
a licBnse' li'ei*eiincler, knowingly makes any false statement 
or presents to the board a fraudulent diploma, certificate 
or other document. 

Section 10. The term, "unprofessional conduct", as 
used in this act, shall include: — (a) The wilful betraj^al of 
a professional secret. 

(b) Having professional connection with, or lending the 
use of one's name to an unregistered chiropodist, or having 
professional connection with any one who has been convicted 
in court of any offence involving moral turpitude. 

(c) The selling or giving of any substance or compound 
containing alcohol or narcotic drugs for other than legal and 
legitimate purposes. 

Section 11. The board may suspend any registration 
granted hereunder, for a period of not less than six months, 
because of any misconduct on the part of the person regis- 
tered which would not, in the opinion of the board, justify 
the revocation of his registration. 

Section 12. No registration hereunder shall be revoked 
or suspended without a hearing, if the person registered 
requests a hearing. 

Section 13. The board shall investigate all complaints 
of violations of this act, and shall report to the proper 
prosecuting officers any such violation within its knowledge. 

Section 14. Every person registered hereunder shall, 
before entering upon the practice of chiropody in this com- 
monwealth, submit his certificate of registration to the clerk 
of the city or town in which he proposes to practise chiropody, 
and shall inform the clerk that he is the person designated 
therein, and shall pay to the clerk a fee of fifty cents. There- 



General Acts, 1917. — Chaps. 203, 204. 187 

upon, it shall be the duty of the city or town clerk to register 
his name and address, and the date and number of the 
certificate, and the said record shall be open to public in- 
spection. A copy of every such registration shall be furnished 
by the city or town clerk within one week after it is made 
to the board of registration in medicine. 

Section 15. The board of registration in medicine shall fxp^dfturL 
file with the auditor of the commonwealth, on or before to be filed, etc. 
November fifteenth of each year, a detailed estimate of its 
proposed expenditures under this act for the coming year. 
The expense of carrying out the provisions of this act, and 
all necessary expenses incurred thereby, shall be paid from 
an annual appropriation made therefor by the general 
court; but the expense shall not in any year exceed the 
amount received by the commonwealth for license fees 
hereunder during that year. 

Section 16. Any person w^ho shall obtain or attempt to Penalties. 
obtain registration under this act by any false or fraudulent 
means, and any person who violates any provision of section 
two hereof, shall be punished by a fine of not less than one 
hundred nor more than five hundred dollars, or by imprison- 
ment for not less than three months nor more than one 
year, or by both such fine and imprisonment. Any person 
who violates any provision of section fourteen hereof shall 
be punished by a fine of not less than three nor more than 
twenty dollars. Ajjproved April 34, 1917. 

An Act relative to the salary of the justice of the (JJkjj) 203 

DISTRICT court OF EASTERN FRANKLIN. 

Be it enacted, etc., as follows: 

The salary of the justice of the district court of Eastern Salary of justice 
Franklin shall be twelve hundred dollars a year, notwith- FrankUn" 
standing the provisions of section one of chapter four hun- estabUsh^d'* 
dred and fifty-three of the acts of the year nineteen hundred 
and four, and of the amendments thereof. 

Approved April 24, 1917. 

An Act to exempt from taxation the personal (jfiQq) 204 

PROPERTY OF CERTAIN FRATERNAL SOCIETIES, ORDERS 
AND ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Section 1. The personal property of a fraternal society, Personal prop 
order, or association, operating under the lodge system or fratemaT 



erty of certain 
' so- 



188 



General Acts, 1917. — Chap. 205. 



cioties, orders, 
etc., exempt 
from taxation. 



Time of taking 
effect. 



for the exclusive benefit of the members of a fraternity itself 
operating under the lodge system, and providing life, sick, 
accident, or other benefits for the members of such society, 
order, or association, or their dependents, shall be exempt 
from taxation. 

Section 2. This act shall take effect upon its passage, 
but the income received by such societies, orders, or associa- 
tions between January first, nineteen hundred and sixteen 
and the date of the passage of this act shall be exempt from 
taxation under chapter two hundred and sixty-nine of the 
General Acts of the year nineteen hundred and sixteen. 

( The foregoing was laid before the governor on the eighteenth 
day of April, 1917, and after fixe days it had "the force of a 
law", as prescribed, by the constitution, as it was not returned 
by him with his objections thereto within that time.) 



Chap. 205 An Act relative to the powers of cities and towns 

WITH respect to MUNICIPAL LIGHTING PLANTS AND THE 
ASSESSMENT OF CERTAIN EXPENSES OF SUPERVISING THE 
SAME. 

Be it enacted, etc., as follows: 

Section 1. A city or town which has acquired a mu- 
nicipal lighting plant shall not sell the same for the purpose 
of al)andoning the distribution of gas or electricity to its 
inhabitants until such sale has been authorized in the manner 
and by the votes prescribed by sections ninety-three and 
ninety-four of chapter seven hundred and forty-two of the 
acts of the year nineteen hundred and fourteen for the 
acquisition of such plants. 

Section 2. Section ninety-two of said chapter seven 
hundred and forty-two is hereby amended by striking out 
the words "except for the operation of electric cars", in 
the fifth and sixth lines, so as to read as follows: — Section 
92. A city or town may, in accordance with the provisions 
of this act, construct, piu'chase or lease, and maintain within 
its limits, one or more plants for the manufacture or distri- 
bution of gas or electricity for municipal use or for the use 
of its inliabitants. Such plants may include suitable land, 
structures and machinery and other apparatus and appliances 
for manufacturing, using and distributing gas or electricity 
for said purposes. 

Section 3. Section one hundred and thirty-six of said 
chapter seven hundred and forty-two is hereby amended by 



City or town 
not to sell 
municipal 
lighting plant 
except when 
so authorized 
by law. 



1914, 742, § 92, 
amended. 



Municipal 
plants, 

establishment, 
etc. 



1914, 742, § 136, 
amended. 



General Acts, 1917. — Chap. 205. 189 

striking out said section and inserting in place thereof the 
following new section^ — so as to read as follows : — Section Tax commis- 
136. All sums of money annually appropriated by the general apportion 
court for the salaries and expenses of the board, its clerks andTeiec^tric^'*^ 
and employees, shall be apportioned by the tax commissioner sl|ners°among 
among the several gas and electric companies and cities and l°^J^^^^l' 
towns which have acquired municipal lighting plants, and, towns, etc. 
on or before the first day of July in each year, he shall assess 
upon each of said companies, cities and towns its share of 
said sums, in proportion to gross earnings in the case of 
companies, and in proportion to expense as defined in section 
one hundred and fourteen in the case of cities and towns, 
for the year last preceding the year in which the assess- 
ment is made; and such assessments in the case of com- 
panies shall be collected in the manner in which taxes upon 
corporations are collected, and in the case of cities and 
towns, in the mantier in which the state tax is collected. 

Section 4. Section one hundred and seventy-nine of ^endtd.^^^^' 
said chapter seven hundred and forty-two is hereby 
amended by inserting after the word "companies", in the 
fifth line, the words : — and cities and towns which have 
acquired municipal gas plants, — by striking out the word 
"their", in the sixth line, and inserting after the word 
"earnings", in the same line, the words: — in the case of 
companies, and to expense as defined in section one hundred 
and fourteen in the case of cities and towns, — and by insert- 
ing after the word "companies", in the thii'teenth line, the 
words: — and cities and towns, — so as to read as follows: 
— Section 1 79. The amount of the expenses incurred by Expenses for 
the board in the inspection of gas and gas meters and in Lowlbome. 
salaries paid therefor, less the amount deposited with the 
treasurer and receiver general from the fees for the in- 
spection of meters, shall be borne by the several gas com- 
panies and cities and towns w^hich have acquired municipal 
gas plants in proportion to gross earnings in the case of 
companies, and to expense as defined in section one hundred 
and fourteen in the case of cities and towns, and shall be 
assessed and recovered in the manner provided by section 
one hundred and thirty-six. If at any time however the Excess coUec- 
amount collected under the provisions of sections one hun- appited"^ 
dred and seventy-seven and one hundred and eighty-five 
shall exceed the amount of such salaries and expenses, such 
excess shall be applied to reduce the annual assessment 
levied upon the several gas companies and cities and towns 



190 



General Acts, 1917. — Chaps. 206, 207, 208. 



under the provisions of said section one hundred and thirty- 
six, for the annual expenses of the board. 
Section 5. This act shall take efTect upon its passage. 

Approved April 25, 1917. 



Chap. 206 An Act relative to the disposition of the records of 

THE SUPREME JUDICIAL COURT AND OF THE SUPERIOR 
COURT. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-five of the Revised Laws 
is hereby amended by strildng out section twenty-five and 
inserting in place thereof the following: — Section 25. The 
supreme judicial court shall, by general rule or special order, 
direct in what manner and to what extent, if any, the papers 
in causes which are entered in said court or in the superior 
court shall be extended upon the records, after final judg- 
ment or otherwise, and shall be a final record. Such rule or 
order shall specify whether such extension shall be in whole 
or in part, in long-hand, typewriting, print or otherwise, or 
shall consist of the filing of original papers in such causes 
by loose-leaf system or otherwise. 

Approved April 25, 1917. 



R. L. 165. §25, 
amended. 



Disposition of 
records of 
supreme 
judicial court 
and superior 
court. 



Chap.207 An Act relative to the observance of the lord's day. 



Raising, etc 
agricultural 
products 
allowed on the 
Lord's day for 
certain period. 



of 



Be it enacted, etc., as follows: 

Section 1. The cultivation of land, and the raising, 
harvesting, conserving and transporting of agricultural 
products on the Lord's day shall not be unlawful, during the 
existence of war, and until the first day of January following 
the termination thereof, between the United States and any 
other nation. 

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

Approved April 27, 1917. 



Chap. 208 An Act to codify and amend the laws relative to 

THE manufacture AND SALE OF FOODS AND DRUGS. 

■ ■ Be it enacted, etc., as follows: 

Penalty for Section 1 . It shall be unlawful for any person to manu- 

facture of foods facture any article of food or drug which is adulterated or 
rugs. misbranded, within the meaning of this act, or which does 

not comply with the rules and regulations and standards 



General Acts, 1917. — Chap. 208. 191 

herein provided; and any person who shall violate any pro- 
vision of this section shall be guilty of a misdemeanor, and 
shall be punished for each offense by a fine of not less than 
fifteen, nor more than five hundred, dollars, or by imprison- 
ment for not more than six months. 

Section 2. Any person who shall, for pay or other- Penalty for 
wise, deliver or offer to deliver to any person any such di!fvlrT.'e°J. 
article so adulterated or misbranded within the meaning of 
this act, or which does not comply with the rules and regu- 
lations and standards herein provided, and any person who 
shall sell or offer for sale such adulterated or misbranded 
foods or drugs, or any food or drug which does not comply 
with the rules and regulations and standards herein pro- 
vided, shall be guilty of a misdemeanor, and shall, in the 
case of misbranding, be punished by a fine of not more 
than two hundred dollars, and in the case of adulteration 
by a fine of not less than twenty-five, nor more than two 
hundred, dollars: jjwvided, that no article shall be deemed Provisos, 
misbranded or adulterated within the provisions of this 
act if it be intended for export to any foreign country and 
is prepared or packed according to the specifications or 
directions of the foreign purchaser: provided , that no sub- 
stance is used in the preparation or packing thereof in 
violation of the laws of the foreign country to which the 
article is intended to be shipped; but if the article shall be 
in fact sold or offered for sale for domestic use or consump- 
tion then this proviso shall not exempt it from the provisions 
of this act. 

Section 3. The state department of health, and also Enforcement 
the boards of health of the several cities and towns, shall °^'^^^- 
enforce the provisions of this act. Except as to standards state health 
that have already been or may hereafter be fixed by statute, mTke*?gTia-° 
the state department of health shall adopt rules and regula- *'°"*^' *'*^'^- 
tions not inconsistent with the provisions of this act, stand- 
ards and tolerances and definitions of purity or quality, 
conforming to the rules and regulations, standards and 
tolerances or definitions of purity or quality adopted or 
that may hereafter be adopted for the enforcement of the 
act of congress approved June thirtieth, nineteen hundred 
and six, and the amendments thereof, the said act being 
entitled "An Act for preventing the manufacture, sale or 
transportation of adulterated or misbranded or poisonous 
or deleterious foods, drugs, medicines, and liquors, and for 
regulating traffic therein and for other purposes", or now 



192 



General Acts, 1917. — Chap. 208. 



Samples, by 
whom col- 
lected, etc. 



To be collected 
in duplicate, 
etc. 



Examination, 
by whom 
made, etc. 



Reasonable 

notice to 

be given, etc. 



or hereafter adopted by the United States department of 
agriculture under any other federal law. 

Section 4. The collection of samples under this act may 
be made by authorized agents of the state department of 
health or local boards of health. Samples may be purchased 
in the open market, and if in bulk and the sample is taken 
from the original package, carton, wrapper, or other con- 
tainer in the presence of the authorized agent, the marks, 
brands or tags upon the package, carton, wrapper or other 
container, and the accompanying printed or written matter 
shall be noted by the collector. The collector shall also 
note the name of the vendor by whom the sale was made, 
together with the date of the purchase. Samples shall, if 
practicable, be collected in duplicate, or divided into two 
substantially equal parts, and each part shall be labelled 
with identifying marks. One of the parts shall be delivered 
to the person from whom the samples were taken, or if 
a guaranty has been given, as hereinafter provided, such 
part shall be sent to the guarantor. One of the parts shall 
be sent to the laboratory of the department or board taking 
the sample, if said board maintains a laboratory. The parts 
of the samples so divided shall be sealed by the collector, 
at the time of the taking of the samples, as provided by the 
regulations of the state department of health, with a seal 
provided for that purpose. Whenever it is impracticable to 
collect more than one sample, or to divide the same, it shall 
be sent to the laboratory of the department or board taking 
the sample, if said board maintains a laboratory. 

Section 5. The examination of samples of food and 
drugs shall be made under the direction and supervision of 
the department or board taking such samples for the purpose 
of determining from such examination whether such articles 
are adulterated or misbranded within the meaning of this 
act; and if it shall appear from such examination that any 
of the samples are adulterated or misbranded within the 
meaning of this act, the commissioner of health or local 
board of health shall not be required to cause formal com- 
plaint to be entered at once, but shall in the case of mis- 
branding, and may, in the case of adulteration, cause reason- 
able notice thereof, together with a copy of the findings, to 
be given to the party or parties from whom the sample was 
obtained, and to the guarantor, if any, and to the party, 
if any, whose name appears upon the label as manufac- 
turer, packer, producer, wholesaler, retailer, or other dealer. 



General Acts, 1917. — Chap. 208. 193 

Before any formal complaint is entered any person so notified pfaTned'^f'to be 
shall be given an opportunity to be heard before any per- ^^'''^■ 
son designated by the commissioner of health or local board 
taking the sample under such rules and regulations as the 
state department of health may prescribe. The notice shall 
specify the date, hour and place of hearing, and the parties 
interested therein may appear in person or by attorney. If 
it is decided that the party whose name appears upon the 
label, or the guarantor, shall be notified, and such party 
or guarantor resides without the state, the notice shall be 
sent by mail to such address as may, with due diligence, be 
obtained. If after such opportunity to be heard it appears Court com- 
that any provision of this act has been violated, the depart- made.' 
ment of health or local board of health may make, or au- 
thorize formal complaint to be made, to a court or justice 
having jurisdiction in such cases, but no evidence of the 
result of such analysis or test shall be received if the collector 
has refused or neglected to seal and deliver the samples as 
provided in section foiu* of this act. 

Section 6. The term "drug", as used in this act, shall dign'^'."*^™ 
include all medicines and preparations recognized in the 
United States pharmacopceia or national formulary for 
internal or external use, and any substance or mixture of 
substances intended to be used for the cure, mitigation or 
prevention of disease of either man or other animals. The "Food." term 
term "food", as used herein, shall include all articles used 
for food, drink, confectionery, or condiment by men or other 
animals, whether simple, mixed or compound. 

Section 7. For the purposes of this act an article shall of^drlfgTand 
be deemed to be adulterated: ^°^ defined. 

In the case of drugs: 

First, If, when a drug is sold under or by a name recog- 
nized in the United States pharmacopoeia or national formu- 
lary, it differs from the standards of strength, quality, or 
purity, as determined by the test, if any, laid down in the 
United States pharmacopoeia or national formulary official 
at the time of investigation: provided, that no drug defined ^''o^"- 
in the United States pharmacopoeia or national formulary, 
shall be deemed to be adulterated under this provision if 
the standard of strength, quality or purity be plainly stated 
upon the bottle, box or other container thereof delivered to 
the customer although the standard may differ from that 
determined by the test, if any, laid down in the United 
States pharmacopceia or national formular;s'. 



194 



General Acts, 1917. — Chap. 208. 



Same subject. 



Proviso. 



"Misbranded," 
term defined, 
when applied 
to drugs, food, 
etc. 



Second, If its strength or purity fall below the professed 
standard or quality under which it is sold. 

In the case of confectionery: 

If it contain terra alba, barytes, talc, chrome yellow or 
other mineral substance or poisonous color or flavor, or 
other ingredient deleterious or detrimental to health, or 
any vinous, malt or spirituous Hquor or compound or nar- 
cotic drug. 

In the case of food : 

First, If any substance has been mixed and packed with 
it so as to reduce or lower or injuriously affect its quality or 
strength. 

Second, If any substance has been substituted wholly or 
in part for the article. 

Third, If any valuable constituent of the article has been 
wholly or in part abstracted. 

Fourth, If it be mixed, colored, powdered, coated or 
stained in a manner whereby damage or inferiority is con- 
cealed. 

Fifth, If it contain any added poisonous or other added 
deleterious ingredient which may render such article in- 
jurious to health: proiyided, that when in the preparation of 
food products for shipment they are preserved by any ex- 
ternal application applied in such manner that the preserva- 
tive is necessarily removed mechanically, or by maceration 
in water, or otherwise, and directions for the removal of said 
preservative are printed on the covering of the package, 
the provisions of this act shall be construed as applying 
only when said products are ready for consumption. 

Sixth, If it consists in whole or in part of a filthy, de- 
composed, or putrid animal or vegetable substance, or any 
portion of an animal, which is unfit for food, whether manu- 
factured or not, or if it is the product of a diseased animal, 
or one that has died otherwise than by slaughter. 

Section 8. The term "misbranded" as used herein 
shall apply to all drugs, or articles of food, or articles which 
enter into the composition of food, the package or label of 
which shall bear any statement, design or device regarding 
such article, or the ingredients or substance contained 
therein which is false or misleading in any particular, and 
to any food or drug product which is falsely branded as to 
the state, territory, or country in which it is manufactured 
or produced. 

For the purposes of this act an article shall also be deemed 
to be misbranded: 



General Acts, 1917. — Chap. 208. 195 

In the case of drugs : Same subject. 

First, If it be an imitation of, or oflFered for sale under, 
the name of another article. 

Second, If the contents of the package as originally put 
up shall have been removed, in Avhole or in part, and other 
contents shall have been placed in such package, or if the 
package fails to bear a statement on the label of the quan- 
tity or proportion of any alcohol, morphine, opium, codeine, 
cocaine, heroin, alpha or beta eucaine, chloroform, cannabis 
indica, chloral hydrate, or acetanilide, or any derivative or 
preparation of any such substances contained therein. 

Third, If its package or label shall bear or contain any 
statement, design or device regarding the curative or thera- 
peutic effect of such article, or of any of the ingredients or 
substances contained therein, which is false and fraudulent. 

In the case of food: FqoJ- 

First, If it be an imitation of, or offered for sale under, 
the distinctive name of another article. 

Second, If it be labelled or branded so as to deceive or 
mislead the purchaser, or purport to be a foreign product 
when not so, or if the contents of the package as originally 
put up shall have been removed in whole or in part, and 
other contents shall have been placed in such package, or 
if it fail to bear a statement on the label of the quantity or 
proportion of any morphine, opium, codeine, cocaine, heroin, 
alpha or beta eucaine, chloroform, cannabis indica, chloral 
hydrate, or acetanilide, or any derivative or preparation of 
any of such substances contained therein. Nothing in this 
paragraph shall apply to the repacking of highly perishable 
foodstuffs, such as fresh fruit, fresh vegetables, or eggs. 

Third, If the package containing it or its label shall bear 
any statement, design or device regarding the ingredients 
or the substances contained therein, which statement, design 
or device shall be false or misleading in any particular: 
provided, that an article of food which does not contain Proviso, 
any added poisonous or deleterious ingredients shall not 
be deemed to be adulterated or misbranded in the follow- 
ing cases: 

First, In the case of articles which are mixtures or com- When food is 
pounds which may be now or from time to time hereafter be*adu1™rat^, 
known as articles of food, under their own distinctive names ^^^' 
and not an imitation of, or offered for sale under, the dis- 
tinctive name of another article, if the name be accom- 
panied on the same label or brand with a statement of the 
place where said article was manufactured or produced. 



196 



General Acts, 1917. — Chap. 208. 



Same subject. 



Provis 



Prosecutions. 



Proviso. 



Guaranty 
for protection, 
how worded, 
etc. 



Rules and 
regulations, 
adoption of, 
etc. 



Dealer may be 
prosecuted. 



Second, In the case of articles labelled, branded, or tagged 
so as to indicate plainly that they are compounds, imita- 
tions, or blends, and the word "compound", "imitation", 
or "blend", as the case may be, is plainly stated on the 
package in which it is offered for sale: provided, that the 
term "blend" as used herein shall be construed to mean a 
mixture of like substances, not excluding harmless coloring 
or flavoring ingredients used for the purposes of coloring 
and flavoring only; and, provided, further, that nothing in 
this act shall be construed as requiring or compelling pro- 
prietors or manufacturers of proprietary foods which contain 
no unwholesome added ingredient to disclose their trade 
formulas, except in so far as the provisions of this act may 
require in order to secure freedom from adulteration or mis- 
branding. 

Section 9. Except as provided in the following section, 
no dealer shall be prosecuted under the provisions of this 
act for selling or offering for sale any article of food or drug 
in the- original unbroken package in which it was received 
by him: provided, that he can establish a guaranty by the 
wholesaler, jobber, manufacturer, or other person residing 
in the United States, from whom he purchased the article, 
to the effect that the same is not adulterated or misbranded 
Avithin the meaning of the laws of this commonwealth. Such 
guaranty, to afford protection, shall contain the name and 
address of the person making the sale of the article to the 
dealer, and in that case such person shall be amenable to 
the prosecutions, fines, and other penalties which would 
attach in due course to the dealer under the provisions of 
this act. If it shall appear that any provision of this act 
has been violated, and the party or parties giving said 
guaranty are without this commonwealth, no action shall 
be brought except as is provided herein, but the state de- 
partment of health or the board taking the sample shall 
present the facts to the proper national authorities for their 
action. 

Under the authority given by section three of this act 
the state department of health shall adopt rules and regula- 
tions which shall be observed by the said department and 
by local boards of health in ascertaining whether there is 
such a guaranty which may be relied upon by the dealer. 

Section 10. After a sample of an article of food or drug 
which is adulterated or misbranded within the meaning of 
this act has been taken from a person who can establish a 



General Acts, 1917. — Chap. 208. 197 

guaranty, as provided in the preceding section, and the 
guarantor resides without the commonwealth, the dealer 
may nevertheless be prosecuted for a subsequent sale of 
such adulterated or misbranded article: j^rovided, that the Proviso, 
state department or local board which took the sample has 
presented the facts to the proper national authorities for 
their action, that the person from Avhom the sample was 
taken has been notified by the state department or local 
board which took the sample that the facts have so been 
presented, and that such person continues to sell such 
articles after he has been notified by the state department 
or local board as to the particulars of the adulteration or 
misbranding and warned to desist from further sales or 
distribution of the article. Upon conviction in any such Penalties. 
case the penalties provided in section two of this act may 
be imposed. 

In the case of adulteration, however, if the state depart- ^"atioirto be'" 
ment of health or a local board of health in a city having a published, etc. 
population exceeding one hundred thousand, finds that the 
sample when analyzed is plainly a gross A'iolation of the pro- 
visions of this act, or that the article is distinctly injurious to 
the health of the community, even though the case has 
not as yet been adjudicated, the department may cause 
notice of these facts to be published in its monthly bulletin 
and in such other ways as may be established by rules and 
regulations of the department: provided, that the guarantor Proviso, 
has been notified, and has been afforded an opportunity to 
be heard as provided in section five. The said notice shall dLa^ierr^*° 
contain a warning to all dealers to desist from further sales 
or distribution of such articles. Any person who sells Penalties. 
such articles after the said notice and warning shall be 
amenable, for each subsequent sale, to the penalties pro- 
vided in section two of this act. 

Section 11. The word "person", as used in this act, "Person," 
shall be construed to import both the plural and the singular 
as the case demands, and shall include corporations, com- 
panies, societies and associations. When construing and ^"^^.^^ 
enforcing the provisions of this act, the act, omission or 
failure of any officer, agent, or other individual acting for 
or employed by any individual, corporation, company, 
society or association within the scope of his employment 
or office, shall in every case be also deemed to be the act, 
omission or failure of such corporation, company, society 
or association as well as that of the individual. 



198 



General Acts, 1917. — Chap. 209. 



Repeals. 



Not to affect 
certain prior 
acts. 



Time of taking 
effect. 



Section 12. Section sixteen of chapter seventy-five of 
the Revised Laws, as amended by chapter three hundred 
and sixty-seven of the acts of the year nineteen hundred and 
tliree, section seventeen of said chapter seventy-five of the 
Revised Laws, section eighteen of said chapter seventy- 
five of the Revised Laws, as amended by section one of 
chapter five hundred and twenty-eight of the acts of the 
year nineteen hundred and ten, and by chapter two hun- 
dred and seventy-two of the acts of the year nineteen hun- 
dred and thirteen, sections nineteen and twenty-one of said 
chapter seventy-five of the Revised Laws, chapter four 
hundred and sixteen of the acts of the year nineteen hun- 
dred and ten, and chapter two hundred and eighty-nine of 
the acts of the year nineteen hundred and eleven are hereby 
repealed, and the provisions of this act shall, so far as con- 
sistent with said sections and chapters hereby repealed, be 
construed as substituted therefor and as continuations 
thereof. 

Section 13. Nothing in this act shall be construed to 
nullify or affect any act heretofore passed and not expressly 
amended or repealed hereby; and in case of any incon- 
sistency between a prior act not amended or repealed hereby 
and this act, the provisions of such prior act shall govern. 

Section 14, This act shall take effect one year after the 
date of its passage. A'pyroved April 30, 1917. 



Chap. 209 An Act relative to departmental appropriations in 

CERTAIN CITIES. 

Be it enacted, etc., as follows: 

Mlfropria*tion Section 1. Any city, except Boston, wherein the appro- 
in cities except priatiou for any department is determined by law at a certain 
rate or percentage of the taxable valuation or the valuation 
of the taxable property therein, or however otherwise the 
same may be described, shall, in addition to the amount 
so determined, appropriate and use for such department such 
proportion of the proceeds of the tax upon incomes, re- 
turned by the commonwealth to the city under the pro- 
visions of section twenty-three of chapter two hundred and 
sixty-nine of the General Acts of the year nineteen hundred 
and sixteen, as the appropriation so determined by law 
bears to the total local tax levy of that city for the current 
year. 

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

Approved May 1, 1917. 



General Acts, 1917. — Chaps. 210, 211. 199 



An Act relating to the extra charge that may be Chap. 210 

MADE BY LIFE INSURANCE COMPANIES IN CASE THE 
INSURED ENTERS MILITARY OR NAVAL SERVICE IN TIME OF 
WAR. 

Be it enacted, etc., as foUoivs: 

The first paragraph of section sixty-six of chapter five i907, 576. § 66, 
hundred and seventy-six of the acts of the year nineteen 
hundred and seven is hereby amended by adding at the 
end thereof the following : — Nothing herein relating to 
the consideration for the poHcy shall apply to any extra 
compensation which may be charged by a company to the 
insured for engaging in military or naval service in time of 
war, — so that said first paragraph will read as follows: — 
Section 66. All corporations, associations, partnerships or Life insurance 
individuals doing business in this commonwealth under any may make 
charter, compact, agreement or statute of this or any other fn case injured 
state, involving the payment of money or other thing of OT^^Ivrrserv"^^ 
value to families or representatives of policy and certificate of®war^™*' 
holders or members, conditioned upon the continuance or 
cessation of human life, or involving an insurance, guaranty, 
contract or pledge for the payment of endowments or annui- 
ties, shall be deemed to be life insurance companies, and 
shall not make any such insurance, guaranty, contract or 
pledge in this commonwealth, or to or with any citizen or 
resident thereof, which does not distinctly state the amount 
of benefits payable, the manner of payment and the con- 
sideration therefor, nor any such insurance, guaranty, con- 
tract or pledge, the performance of which is contingent upon 
the payment of assessments made upon survivors. Nothing 
herein relating to the consideration for the policy shall 
apply to any extra compensation which may be charged by 
a company to the insured for engaging in military or naval 
service in time of war. Approved May 1, 1917. 

An Act to provide state pay for soldiers and sailors Chap. 211 

FROM THIS COMMONWEALTH IN THE VOLUNTEER SERVICE 
OF THE UNITED STATES. 

Be it enacted, etc., a^ follows: 

Section 1. There shall be allowed and paid out of the state pay for 
treasury of the commonwealth to each non-commissioned laiiorTfrom 
officer, soldier and sailor, who has been, or is hereafter, weai«JTn'"°"" 
mustered into the militarv or naval service of the United !l!?'^!f ^^^"^^^ 



200 



General Acts, 1917. — Chap. 211, 



Pay may be 
allotted de- 
pendents, etc. 



Massachusetts 
Military Serv- 
ice Loan, 
Act of 1917. 



Period of pay- 
ment in case of 
dishonorable 
discharge. 



States as a part of the quota of this commonwealth for 
service in the United States or in any foreign country, the 
sum of ten dollars per month. The said amount shall be 
payable at the office of the treasurer and receiver general 
immediately upon the termination of the service, and shall 
date from the muster-in to the United States service of such 
non-commissioned officer, soldier or sailor, and shall con- 
tinue until January fifteenth, nineteen hundred and eighteen, 
unless the service is sooner terminated. In case of the 
death of any enlisted man, his widow, minor children, 
parents or dependents shall receive the said monthly com- 
pensation for the period up to January fifteenth, nineteen 
hundred and eighteen; but no part of this section shall be 
construed as depriving the soldier or sailor of the right to 
allot all or any of his said pay to the treasurer of the com- 
monwealth for the use of such minor children, parents or 
dependents as he shall designate; and such allotments shall 
be payable monthly by the treasurer, during the term of 
service of said soldier or sailor, for the u.se of such minor 
children, parents or dependents. 

Section 2. For the purpose of meeting the expenditures 
authorized by this act the treasurer and receiver general is 
hereby authorized, with the approval of the governor and 
council, to issue bonds or notes from time to time, as they 
are needed, to an amount not exceeding one million five 
hundred thousand dollars, for a term not exceeding five 
years. Such bonds or notes shall be designated on the face 
thereof, Massachusetts INIilitary Service Loan, Act of 1917, 
shall be countersigned by the governor, and shall be deemed 
a pledge of the faith and credit of the commonwealth; and 
the principal and interest thereof shall be paid at the times 
specified on said bonds or notes in gold coin of the United 
States, or its equivalent. Said bonds or notes shall be 
disposed of in such manner as shall be deemed best by the 
treasurer and receiver general, who shall, when issuing any 
of said bonds or notes, provide for the payment of the 
same in the manner prescribed by chapter three of the acts 
of the year nineteen hundred and twelve, and the amount 
necessary to pay the principal of said loan as it matures, 
and the interest as it accrues, shall be raised by taxation 
from year to year. 

Section 3. In case of dishonorable discharge, or termi- 
nation of service by reason of desertion or misdemeanor of 
any enlisted man, the period of payment under this act shall 



General Acts, 1917. — Chap. 212. 201 

be from the date of muster-in until the date of the dis- 
honorable termination of service. 

Section 4. The adjutant general shall certify to the Adjutant 
treasurer and receiver general the date of muster-in and certify dates 
the date of termination of service of all enlisted men en- etc™"^ ^'^ '"' 
titled to pa^Tnents, and any other information necessary to 
carry out the provisions of this act. 

Section 5. This act shall take effect upon its passage. 

Approved May 2, 1017. 

An Act to authorize the state board of agricul- QJku) 212 
ture and the state department of health to make 
drainage surveys. 

Be it enacted, etc., as follows: 

Section 1 . The state board of agriculture and the state board of 
state department of health, acting jointly, are hereby au- sfa^VepaH^^" 
thorized to investigate the question of utilizing the wet may^mLke^'*'^'' 
lands in the commonwealth, including meadows, swamps, gur^eyr 
marshes, beaches and other low lands, and to ascertain 
what lands, if any, in the commonwealth may advantageously 
be drained for agricultural and industrial uses, the pro- 
tection of the public health, the utilization of deposits 
therein, or for other purposes. Said boards may publish 
and disseminate facts of general interest ascertained in the 
conduct of the investigation hereby authorized, and may 
make and publish surveys of tracts of land in need of drain- 
age, showing their situation, area and outlets, the best 
methods and the cost of draining them, the uses to which 
they are best adapted, and such other details as may be 
deemed advisable. The said boards shall report annually Report, 
to the legislature their doings hereunder in the preceding 
year. 

Section 2. In carrying out the provisions of this act To seek assisi- 
the said boards shall seek the co-operation and assistance states depart- 
of the United States department of agriculture, and may ^Iture, ef"' 
employ such engineers, assistants, or other agents as may 
be necessary, who shall have ingress, egress and regress 
to land which said boards may desire to survey or examine 
and may expend from the treasury of the commonwealth 
for the pm-poses of this act a sum not exceeding two thou- 
sand dollars. 

Section 3. Chapter seven hundred and fifty-nine of Repeals. 
the acts of the vear nineteen hundred and thirteen and 



202 General Acts, 1917. — Chaps. 213, 214. 

chapter five hundred and ninety-six of the acts of the year 

nineteen hundred and fourteen are hereby repealed. 

Jhang^'^fn Section 4. The said boards shall report to the next 

Revised Laws, general court what additions and amendments, if any, 

should, in its opinion, be made to chapter one hundred and 

ninety-five of the Revised Laws. 

Section 5. This act shall take effect upon its passage. 

Approved May 2, 1917. 



Chap.21S An Act relative to liens for labor and materials. 
Be it enacted, etc., as follows: 

oPiertli^''"^ Section 1. Any person who has performed labor in, 
iTen's*'''"'*'^ or has furnished labor or materials actually used in the 
erection, alteration, repair or removal of a building or 
structure upon land, by virtue of an agreement made prior 
to January first, nineteen hundred and sixteen, may, subject 
to the intervening rights of third parties, enforce a me- 
chanic's lien therefor in accordance with the provisions of 
chapter one hundred and ninety-seven of the Revised Laws, 
and acts in amendment thereof, in the same manner as if 
chapter two hundred and ninety-two of the General Acts 
of the year nineteen hundred and fifteen had not been 
Re^naetment. euactcd. All the provisious of said chapter one hundred 
and ninety-seven, and of acts in amendment thereof, are 
hereby re-enacted so far as is necessary for this purpose. 
Section 2. This act shall take eft'ect upon its passage. 

Approved May 2, 1917. 



Chap.214: An Act to establish the salary of the second 

ASSISTANT REGISTER OF PROBATE AND INSOLVENCY FOR 
THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

fe^c'on^ aListant Section L The Salary of the second assistant register 
vf^^^^^tc"^ for' °^ probate and insolvency for the county of Middlesex shall 
Middlesex be twenty-fivc hundred dollars a year. 
established. Section 2. This act shall take effect upon its passage. 

Approved May 2, 1917. 



General Acts, 1917. — Chap. 215. 203 



An Act accepting the provisions of an act of con- Chap. 215 

GRESS relative TO THE PROMOTION OF VOCATIONAL 
EDUCATION AND PROVIDING FOR CO-OPERATION WITH THE 
FEDERAL GOVERNMENT. 

Be it enacted, etc., as follows: 

Section 1. The commonwealth of Massachusetts hereby Provisions of 

• • 1) 1 n 1 "n 1 IGQCrftl Q>CX to 

accepts the provisions oi the act or congress approved heh- piomote voca- 
ruary twenty-third, nineteen hundred and seventeen, and tion accepted. 
entitled " An Act to provide for the promotion of vocational 
education; to provide for co-operation with the states in the 
promotion of such education in agriculture and the trades 
and industries; to provide for co-operation with the states 
in the preparation of teachers of vocational subjects; and 
to appropriate money and regulate its expenditure." 

Section 2. The board of education is hereby directed to Board of edu- 
co-operate with the federal board for vocational education operate with 
in the administration of the provisions of the act of con- 
gress aforesaid, and to do all things necessary to entitle the 
commonwealth to receive all the benefits thereof. 

Section 3. The treasurer and receiver general is hereby Treasurer and 

piiipiii 1 1 receiver gen- 

designated as the custodian or all the funds allotted to the erai to be 
commonwealth from the appropriations made by said act orfunds. 



of congress, and he shall receive and provide for the proper 
custody and disbursement of the same in accordance with 
the said act. 

Section 4. The federal funds so received shall be paid ^de^rfunds. 
out in accordance with the provisions of section fourteen of 
said act of congress upon the requisition of the board of 
education as reimbursement for expenditures already in- 
curred. The payment of said funds shall be made to such Certain schools 
schools and classes as are approved by the said board and as benefit. 
are entitled to receive the same under the provisions of said 
act: 'provided, that, in accordance with the provisions of P''"'*''^*'- 
said act, the board of education, (1) may grant the federal 
funds in its control, subject to conditions prescribed by it, 
as money supplementary to state aid for salaries of teachers 
of vocational subjects in schools and classes which meet 
the requirements of said act; (2) may select certain types 
of training which especially need stimulus and may use the 
federal funds for salaries of teachers giving such training; 
(3) may maintain courses for the preparation of teachers of 
selected vocations, and may use federal funds therefor; may 



204 General Acts, 1917. — Chap. 216. 

arrange with the authorities of a state school or college to 
give the proper types of training to teachers of vocations 
under the supervision of the board, and may use federal 
funds therefor; may allow local school authorities to con- 
duct, under the supervision of the board, classes for the 
training of vocational teachers, and may use federal funds 
therefor. 

iml'ndld.^^' Section 5. The last sentence of the third section of 
chapter foiu* hundred and seventy-one of the acts of the 
year nineteen hundred and eleven is hereby amended to 
accord with the provisions of section eleven of the act of 
congress aforesaid by changing the word "seventeen" to 
"sixteen", — so that the said sentence will read as fol- 

Age of pupils. JQ^g . — Attendance upon such day or part-time classes 
shall be restricted to those over fourteen and «nder twenty- 
five years of age; and upon such evening classes, to those 
over sixteen years of age. 
Section 6. This act shall take effect upon its passage. 

Apjjroxed May 2, 1917. 

Chap. 216 An Act relative to repayment by the commonwealth 

OF CERTAIN EXPENSES INCURRED BY CITIES AND TOWNS 
FOR SICK PERSONS. 

Be it enacted, etc., as follows: 

Itc.!'amended. Section 1. Scctiou fifteen of chapter eighty-five of the 
Revised Laws, as amended by section one of chapter five 
hundred and fiftj^-five of the acts of the year nineteen hun- 
dred and eight, and by section one of chapter seven hundred 
and ninety-seven of the acts of the year nineteen hundred 
and thirteen, is hereby further amended by striking out the 
word "hospital", in the sixth line, and inserting in place 
thereof the word: — infirmary, — and by inserting after the 
word "commonwealth", in the seventh line, the words: — 
If the state board of charity, after an investigation, deems 
it expedient as an economy in expenditure, and in the 
interest of the patient's health, it may authorize reimburse- 
ment for aid rendered after the patient has become able 
to be removed to the state infirmary, and, in its discretion, 
until the patient is able to be discharged, — and by striking 
out the word "hospital", in the ninth line, and inserting 
in place thereof the word : — infirmary, — and by striking 
out the word "seven", in the nineteenth line, and inserting 
in place thereof the word : — ten, — and by inserting after 



General Acts, 1917. — Chap. 217. 205 

the word "dollars", in the same Hne, the words: — and 
fifty cents, — and by adding at the end thereof the words : 
— and no charges of whatever nature in excess of the said 
ten dollars and fifty cents a week shall be allowed, — so as 
to read as follows : — Section 15. The reasonable expense Common- 
which is incurred by a city or town under the provisions of repV certain 
the preceding section within five days next before notice c^red^y"' 
has been given as therein required and also after the giving tow^^for 
of such notice and until said sick person is able to be re- ^'^k persons. 
moved to the state infirmary shall be reimbursed by the 
commonwealth. If the state board of charity, after an 
investigation, deems it expedient as an economy in ex- 
penditure, and in the interest of the patient's health, it may 
authorize reimbursement for aid rendered after the patient 
has become able to be removed to the state infirmary, and, 
in its discretion, until the patient is able to be discharged. 
If the state board of charity considers it expedient to order 
the removal to the state infirmary of a person whose physical 
condition is such as to require attendance, then the reason- 
able expense incurred for such attendance, as directed by the 
state board of charity, shall also be reimbursed by the 
commonwealth. The bills for such support shall not be 
allowed unless they are indorsed with the declaration that, 
after full investigation, no kindred able to pay the amount 
charged have been found, and that the amount has actually 
been paid from the city or town treasury, nor unless they 
are approved by the state board of charity or by a person 
designated by it; and not more than ten dollars and fifty 
cents a week shall be allowed for the support of a person in 
a city or town hospital; and no charges of whatever nature 
in excess of the said ten dollars and fifty cents a week shall 
be allowed. 

Section 2. This act shall take effect upon the first day Time of 
of January in the year nineteen hundred and eighteen. ^ '"^ ^ ^^ ' 

Approved May 2, 1917. 



An Act to regulate the preparation and printing of nhni) 217 

LISTS OF STATE OFFICIALS AND EMPLOYEES WITH THEIR 
SALARIES OR COMPENSATIONS. 

Be it enacted, etc., as follows: 

Chapter two hundred and sixty-eight of the acts of the isio, 268, § i, 
year nineteen hundred and ten, as amended in section one "^'^ ' ''""^" ^ ' 



206 



General Acts, 1917. — Chap. 217. 



Preparation 
ancf printing 
of lists of 
state officials 
and officials 
with their"^ 
salaries, etc. 



List, etc., to 
be verified by 
tlie auditor. 



To be com- 
piled, etc., and 
printed not 
later than 
April 15, 1918, 
and thereafter 
in each even 
nxunbered year. 



Summary and 
comparative 
tables, etc. 



by chapter forty-three of the acts of the year nineteen 
hundred and eleven, and by chapter five hundred and thirty- 
four of the acts of the year nineteen hundred and thirteen, 
is hereby further amended by striking out said section one 
and inserting in place thereof the following: — Section 1. 
Every department, board, commission, biu-eau, office or 
institution of the commonwealth shall, at such times as the 
supervisor of administration may require, prepare and 
furnish to him such information as he may prescribe con- 
cerning all officials and employees of the commonwealth 
employed in or by such department, board, commission, 
bureau, office or institution for whose services money has 
been paid from the treasury of the commonwealth. Such 
information shall be collected at least once in every fiscal 
year and shall cover the fiscal year preceding. From the 
information so collected the supervisor shall keep a record, 
open to public inspection, showing the name, residence, 
designation, rate of compensation and date of appointment 
or qualification of every such official and employee, and 
any increase in the rate of salary or compensation paid to 
him during the preceding fiscal year. The record shall also 
contain such other information concerning such officials and 
employees as, in the opinion of the supervisor, may be 
desirable. It shall be the duty of the auditor of the com- 
monwealth, upon request of the supervisor, to verify a list 
of officials and employees, the amounts and rates of com- 
pensation and other information concerning payments to 
officials and employees about whom information is furnished. 
The supervisor shall compile such information concerning 
the officials and employees in the service of the common- 
wealth on the thirtieth day of November in the year nine- 
teen hundred and seventeen as, in his opinion, may be of 
public interest, and the said information shall be printed 
at the expense of the commonwealth not later than the 
fifteenth day of April in the year nineteen hundred and 
eighteen. Thereafter information on the same subject 
shall be compiled by the supervisor, and printed not later 
than the fifteenth day of April in each even numbered 
year. The document so published shall contain such sum- 
mary and comparative tables ias will best show the numbers 
of officials and employees in the service of the common- 
wealth during the two years for which the publication is 
issued, and during the preceding period of two years, to be 
arranged in such manner as will make them of the greatest 



General Acts, 1917. — Chap. 218. 207 

practical utility. The document may be revised or re- Revision at 
arranged from time to time at the discretion of the super- supervisor. 
visor. Approved May 2, 1917. 

An Act authoeizing boards of registration -to suspend nhn^ 918 

AND CANCEL CERTIFICATES OF REGISTRATION. ^' 

Be it enacted, etc., as follows: 

Section 1. The boards of registration in medicine, certain boards 
dentistry, pharmacy and veterinary medicine, after a hear- may ^sp^d) 
ing, may, by a majority vote of the whole board, suspend, cate's'^of"^ 
revoke or cancel any certificate, registration, license or registration. 
authority issued by the board, if it appears to the board 
that the holder of such certificate, registration, license or 
authority, is insane, or is guilty of deceit, malpractice, gross 
misconduct in the practice of his profession, or of any offence 
against the laws of the commonwealth relating thereto. 
Any person whose certificate, registration, license or au- Additional 
thority is suspended or revoked hereunder shall also be p^"**'*^- 
liable to such other punishment as may be provided by 
law. The different boards may make such rules and regu- 
lations as they deem proper for the filing of charges and the 
conduct of hearings. 

Section 2, Any person against whom charges are filed hSTrfngs."^ 
may appear at the hearing thereof with witnesses and be 
heard by counsel. If a person against whom charges are 
filed has left the commonwealth, or cannot be found by 
reasonable search, notice of hearing may be dispensed with. 
Said boards shall have the same powers to summon witnesses Powers to 
to attend such hearings, and to swear the same, as are con- ^taesses, etc. 
f erred upon city councils and other bodies by the provisions 
of section eight of chapter one hundred and seventy-five of 
the Revised Laws, and amendments thereof, and the pro- 
visions of said section, and of sections nine and ten, and 
amendments thereof, of said chapter, shall apply to witnesses 
summoned as aforesaid. 

Section 3. The said boards shall not defer action upon Certain actions 
any charge before them until the conviction of the person ?e°red. 
accused, nor shall the pendency of any charge before any 
of the said boards act as a continuance or ground for delay 
in a criminal action. 

Section 4. The supreme judicial court may, upon Appeal. 
petition of a person whose certificate, registration, license 
or authority has been suspended, revoked or cancelled, enter 



208 



General Acts, 1917. — Chap. 219. 



Penalty for 
practicing after 
certificate is 
suspended or 
cancelled. 



a decree revising or reversing the decision of the board, if 
it should appear that the decision was clearly wrong; but 
prior to the entry of such decree, no order shall be made 
or entered by the court to stay or supersede any suspension, 
revocation or cancellation of any such certificate, registra- 
tion, license or authority. 

Section 5. Whoever continues to practice medicine, 
dentistry, veterinary medicine or surgery, or pharmacy, 
after his license, registration, certificate or authority so to 
do is suspended, cancelled or revoked, and while such dis- 
ability continues, shall be punished by a fine of not more 
than one hundred dollars, or by imprisonment for not more 
than three months, or by both such fine and imprisonment. 

Approved May 2, 1917. 



Motor vehicles 
owned by 
commonwealth 
to be marked. 



Highway 
commission 
to furnish 
number plates. 



Chap.219 An Act to provide for the marking and to regulate 

THE USE OF MOTOR VEHICLES OWNED BY THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. Every motor vehicle heretofore or hereafter 
purchased with funds of the commonwealth shall be marked 
on a part of the vehicle not readily removable, and in a con- 
spicuous place, with the words in plain letters "Common- 
wealth of Massachusetts" or in such other manner as may 
be approved by the supervisor of administration. 

Section 2. The Massachusetts highway commission shall 
furnish for each vehicle to which this act applies a distinctive 
number plate bearing such arrangement of letters or num- 
bers, or both, as will distinguish the particular vehicle, and 
the office, board, bureau, commission, institution or depart- 
ment of the commonwealth by which the vehicle is operated, 
and at the expense thereof. 

Section 3. The supervisor of administration may make 
rules and regulations governing the marking of motor 
vehicles to which this act applies, and may enforce the same 
in the manner provided by section three of chapter two 
hundred and ninety-six of the General Acts of the year 
nineteen hundred and sixteen, as amended by chapter one 
Imndred and thirty-eight of the General Acts of the year 
nineteen hundred and seventeen. Every officer, board, 
bureau, commission, institution or department of the com- 
monwealth operating one or more motor vehicles shall keep 



Supervisor of 
administration 
may make 
rules, etc. 



General Acts, 1917. — Chaps. 220, 221. 209 

such a record of the use of such vehicles, and shall make 
such reports in relation thereto as may be prescribed by the 
auditor of the commonwealth. Approved May 2, 1917. 

An Act to provide further for the construction and Chap. 220 

MAINTENANCE BY THE METROPOLITAN PARK COMMISSION 
OF A NEW BRIDGE OVER THE NEPONSET RIVER BETWEEN 
THE CITIES OF BOSTON AND QUINCY. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter three hundred of the 1915, 3oo (o. 
General Acts of the year nineteen hundred and fifteen is ^ ^' *™^" 
hereby amended by striking out the word "three", in the 
fifth hne, and inserting in place thereof the word : — four, 
— so as to read as follows : — Section 6. To meet the ex- Payment of 
penses incurred under the provisions of this act the treasurer bJ^idge o^Z 
and receiver general is hereby authorized, with the approval river^bet°ween 
of the governor and council, to issue bonds or certificates q°j^°*°*^ 
of indebtedness to an amount not exceeding four hundred 
and fifty thousand dollars, in addition to the amounts 
already authorized under the provisions of said chapter two 
hundred and eighty-eight and acts in amendment thereof 
and in addition thereto, and as part of the Metropolitan 
Parks Loan, Series Two. Such bonds or certificates of in- 
debtedness shall be issued as coupons or registered bonds, 
and shall bear interest at a rate not exceeding four per cent interest. 
per annum, payable semi-annually on the first days of 
January and July of each year. 

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

Approved May 3, 1917. 

An Act relative to calling special town meetings. Chap. 221 

Be it enacted, etc., as folloivs: 

Section 1. Chapter eight hundred and thirty-five of ^^'^jj^l^'^ ^''** 
the acts of the year nineteen hundred and thirteen is hereby 
amended by striking out section three hundred and ninety- 
four, and inserting in place thereof the following: ^ — Section Town meetings 
394. Every town meeting, except as hereinafter provided, warrant. ^ ^ 
shall be called in pursuance of a warrant, under the hands 
of the selectmen, directed to the constables or to some 
other persons, who shall forthwith give notice of such meet- 
ing in the manner prescribed by the by-laws or, if there are 
no by-laws, by a vote of the town. The warrant for all Contents. 



210 



General Acts, 1917. — Chap. 222. 



Certain actions 
not valid. 



1913, 835, § 396, 
amended. 



Ju.stice of 
peace may 
issue warrants 
in certain 
cases. 



town meetings shall state the time and place of holding the 
meeting and the subjects to be acted upon thereat. The 
selectmen shall insert in the warrant for the annual meeting 
all subjects the insertion of which shall, in writing, be re- 
quested of them by ten or more voters of the town. The 
selectmen shall insert in the warrant for every special town 
meeting all subjects the insertion of which shall, in writing, 
be requested of them by one hundred registered voters or 
by ten per cent of the total number of registered voters of 
the town. No action shall be valid unless the subject- 
matter thereof is contained in the warrant. Two or more 
distinct town meetings for distinct purposes may be called 
by the same warrant. 

Section 2. Section three hundred and ninety-six of 
said chapter eight hundred and thirty-five is hereby amended 
by striking out the words "of ten or more voters of the 
town", in the third line, and inserting in place thereof the 
w^ords : — in writing of one hundred registered voters or of 
ten per cent of the total number of registered voters of the 
town, — so as to read as follows : — Section 396. If the 
selectmen unreasonably refuse to call a town meeting, a 
justice of the peace, upon the application in writing of one 
hundred registered voters or of ten per cent of the total 
number of registered voters of the town, may call a meeting 
by a warrant under his hand, stating the subjects to be 
acted upon, directed to the constables of the town if there 
are any; otherwise to any of the persons applying therefor, 
directing them to summon the inhabitants qualified to vote 
in town affairs, to assemble at the time and place, and for 
the purposes expressed in the warrant. 

Approved May 3, 1917. 



Chap. 222 An Act to establish the salary of the second 
^ assistant district attorney of the southeastern 

district. 

Be it enacted, etc., as follows: 

Section 1. The salary of the second assistant district 
attorney of the southeastern district shall be fourteen hun- 
dred dollars a year. 

Section 2. So much of any act as is inconsistent here- 
with shall not apply to the provisions hereof. 

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



Salary of 
second assist- 
ant district 
attorney of 
the south- 
eastern 
district. 
Certain pro- 
visions not 
to apply. 



Approved May 4) 1917. 



General Acts, 1917. — Chaps. 223, 224. 211 

An Act relative " to the commitment of feeble- nhf^qy 223 

MINDED persons AND THEIR ADMISSION INTO CERTAIN 
STATE INSTITUTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section sixtv-three of chapter five hundred i909, 504, § es, 

n,*^ . iiii- ^ • amended. 

and four of the acts of the year nineteen hundred and nnie, 

as amended by section one of chapter one hundred and 

twenty-two of the General Acts of the year nineteen hundred 

and sixteen, is hereby further amended by adding at the 

end thereof the following: — The order of commitment commitment 

shall also direct the sheriff, deputy sheriff, constable, police minded persons 

officer, or other person, as the case may be, to apprehend instftutions. 

and convey the feeble-minded person to the institution to 

which he has been committed. 

Section 2. Said chapter five hundred and four, as loos, 504, § 64, 

ij* J.* •j.j? i_ J.' ^ p-iij etc., amended. 

amended in section sixty-rour by section two or said chapter 

one hundred and twenty-two is hereby further amended by 

striking out the said section sixty-four and inserting in place 

thereof the following: — Section 64. The trustees of said Jjmu^^n^^ 

institutions may, at their discretion, receive any feeble- ce^rtfficl^te** 

minded person from this commonwealth upon application 

being made therefor by the parent or guardian of such 

person, which 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 

shall have examined the alleged feeble-minded person within 

five days of his signing and making oath to the certificate. 

The trustees of said institution may also, at their discretion, 

receive any person from this commonwealth upon the 

written request of his natural or legal guardian, and may 

detain him for observation for a period not exceeding thirty 

days, to determine if he is feeble-minded. 

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

Approved May 4, 1917. 

An Act to permit the incorporation of agricultural Chap. 224 

AND horticultural ORGANIZATIONS UNDER THE LAWS 
RELATING TO BUSINESS CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. Agricultural or horticultural organizations, Agricultural 
instituted for the purposes of mutual help, may incorporate turlii^ 



and horticul- 
organiza- 



212 



General Acts, 1917. — Chaps. 225, 226. 



tions, incorpo- 
ration, etc. 



Proviso. 



Capital stock 
not required. 



in the manner provided in chapter four hundred and thirty- 
seven of the acts of the year nineteen hundred and three 
and amendments thereof, and shall be subject to the pro- 
visions of said chapter and amendments thereof: provided, 
however, that if such a corporation is formed for the purpose 
of doing business at cost for the benefit of its members, it 
shall not be required to have a capital stock. 
Section 2. This act shall take effect upon its passage. 

Approved May 4, 1917. 



Protection of 
hares in Nor- 
folk and Bris- 
tol counties. 



Chap. 225 An Act relative to the protection of hares in the 

COUNTIES of NORFOLK AND BRISTOL. 

Be it enacted, etc., as follows: 

• Section 1. In the counties of Norfolk and Bristol, it 
shall be unlawful, until the beginning of the open season for 
rabbits throughout the commonwealth in the year nineteen 
hundred and twenty, to take or kill a hare, commonly called 
white rabbit or Canada hare, or, if taken or killed contrary 
to the laws of this commonwealth or of any other state or 
country, to buy, sell, offer for sale, or have the same in 
possession. 

Section 2. Any violation of this act shall be punished 
by a fine of twenty dollars for each hare in respect to which 
the violation occurs. Approved May 4, 1917. 



Penalty. 



1912, 260, etc., 
amended. 



Chap.22Q An Act relative to the granting of bounties to 

AGRICULTURAL SOCIETIES. 

Be it enacted, etc., as follows: 

Chapter two hundred and sLxty of the acts of the year 
nineteen hundred and tweh^e, as amended by section one of 
chapter two hundred and forty of the acts of the year nine- 
teen hundred and thirteen, and by section one of chapter 
two hundred and nine of the acts of the year nineteen hun- 
dred and fourteen, and as affected b\^ chapter two hundred 
and seventy-six of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by striking out the 
words "for the following purposes: — Two hundred dollars", 
in the eighth and ninth lines, by inserting after the word 
"in", in the tenth Une, the words: — general premiums, 
and in, — by striking out the words " and two hundred 
dollars in general premiums", in the thirteenth and four- 



General Acts, 1917. — Chap. 227." 213 

teenth lines, and by striking out all after the word "section", 
in the eighteenth line, and inserting in place thereof the 
words : — nor in any case more than eight hundred dollars 
for general premiums, ^ — so as to read as follows: — Every Granting of 

i .. , . i'i« -iij^ • bounties to 

mcorporated agricultural society which is entitled to receive agricultural 
a bounty under section one of chapter one hundred and ^^^^ ''^*" 
twenty-four of the Revised Laws, as amended by chapter 
one hundred and thirty-three of the acts of the year nineteen 
hundred and nine, shall be entitled to receive annually in 
August from the commonwealth, in addition to the sum 
which it is entitled to receive under the said section, four 
hundred dollars to be distributed in general premiums, 
and in premiums to children and youths under eighteen 
years of age for the encouragement of horticulture, agri- 
culture and domestic manufactures, subject to the dis- 
cretion of each society drawing bounty; but no society Bounties 
shall receive a larger sum in addition to the bounty to which ""' ^ ' 
it is entitled under the said section than it shall have ex- 
pended in the year last preceding in premiums, in excess of 
the sum to ^j^hich it is entitled under the said section; nor 
in any case more than eight hundred dollars for general 
premiums. Approved May 4j 1917. 



An Act to require clerks of courts to give notice nh^j. 007 
OF defaults in actions at law and of certain de- ' ^ 

CREES in equity. 

Be it enacted, etc., as follows: 

« 

Section 1. Upon entry of a default in an action at law cierksof 
or of an interlocutory decree in equity taking a bill pro nXc| of ^*^*' 
confess©, the clerk of the court shall forthwith give written fctfo^ng^t" 
notice thereof, in such manner as the court by rule shall 'aw, etc. 
direct, to the attorney or attorneys of record of the party 
or parties against whom such default or decree is entered, 
or, in cases where the officer's return does not show that 
personal service of the writ, bill, petition, or complaint, or 
order therein, as the case may be, has been made, to the 
said party or parties. 

Section 2. This act shall take effect on the first day of Time of 
September in the year nineteen hundred and seventeen. 

Approved May J^, 1917. 



214 



General Acts, 1917. — Chaps. 228, 229, 230. 



C hap. 22S An Act relative to the establishment of stations for 

THE rearing of TROUT IN CERTAIN COUNTIES. 

Be it enacted, etc., as follows: 

The board of commissioners on fisheries and game is 
hereby authorized to estabUsh and maintain one or more 
rearing stations, situated at such places, within the counties 
of Hampshire, Frankhn and Berkshire as the board may 
select, for the purpose of rearing to fingerling size the surplus 
trout fry which the present fish hatcheries annually produce, 
and for this purpose may expend from the treasury of the 
commonwealth a sum not exceeding five thousand dollars. 

Approved May 4, 1917. 



Stations for 
the rearing of 
trout to be 
established in 
certain 
counties. 



Chap. 229 An Act to provide for a second assistant district 

ATTORNEY FOR THE EASTERN DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The district attorney for the eastern district 
may appoint a second assistant district attorney, and may 
remove him at pleasure. His salary shall be fourteen hun- 
dred dollars a year, payable from the treasury of the com- 
monwealth. 

Section 2. Section two of chapter one hundred and 
fifty-seven of the acts of the year nineteen hundred and 
five shall not apply to the office hereby created. 

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

Approved May 7, 1917. 



Second assist- 
ant district 
attorney for 
the eastern 
district, office 
established. 



Certain 
provision not 
to apply. 



Chap. 2^0 An Act to provide til^t a certain highway in the town 
OF provincetown shall be maintained as a state 

HIGHWAY. 

Be it enacted, etc., as folloics: 

Section 1. The highway in the town of Provincetown 
beginning at the railway crossing on Conwell street and 
running thence to Bradford street a distance of about five 
hundred feet, thence on Bradford street to Allerton street a 
distance of about four thousand seven hundred feet, thence 
on Allerton street to the existing state highway a distance 
of about three hundred and twenty-five feet, shall hereafter 
be maintained by the Massachusetts highway commission 



Certain 
highway in 
Provincetown 
to be main- 
tained as a 
state highway. 



General Acts, 1917. — Chaps. 231, 232. 215 

in substantially the same manner and condition in which it 
is now maintained. 
Section 2. This act shall take effect upon its passage. 

Approved May 9, 1917. 

An Act relative to the official designation of certain Chav-^^^ 

PERSONS IN THE DEPARTMENT OF THE TREASURER AND 
RECEIVER GENERAL. 

Be it enacted, etc., as folloivs: 

Section 1. The official in the department of the treas- official 
urer and receiver general described in existing law^s as paying ort^rtoiJT" 
teller shall hereafter be known and designated as warrant depTr'tmrnt^o'f 
teller, and his assistant as assistant warrant teller, and the ^^^^l^^^^^ 
official in said department heretofore described as cashier general. 
shall hereafter be kno\^^l and designated as paying teller, 
but without altering or affecting the compensation payable 
to said officials or their retirement rights. 

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

Approved May 9, 1917. 

An Act relative to the licensing of private hospitals nhnj) 232 

AND the admission THEREIN OF CERTAIN PATIENTS. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eighty-five of the 1916, 285(G), 
General Acts of the year nineteen hundred and sixteen is ^ ^' '^"^°"'^®^- 
hereby amended by striking out section six and inserting in 
place thereof the following: — Section 6. The commission Licensing of 
may annually license any suitable person to establish or hos'pitais^^tc!" 
have charge of a hospital or private house for the care and 
treatment of the insane, epileptic, feeble-minded, and 
persons addicted to the intemperate use of narcotics or 
stimulants, and may at any time revoke the license. No 
such license shall be granted for the care and treatment of 
insane or epileptic persons unless the said commission is 
satisfied, after investigation, that the person applying there- 
for 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. 
No such license shall be granted for the care and treat- 
ment of persons addicted to the intemperate use of narcotics 
or stimulants unless the commission is satisfied, after in- 



216 



General Acts, 1917. — Chap. 232. 



1916, 285 (G), 
§ 7, amended. 



Penalty. 



Admission of 
patients, etc. 



Request to be 
in writing. 



vestigation, that the person applying therefor is a phj'sician 
who is a graduate of a legally chartered medical school or 
college; that he has been in the actual practice of medicine 
for the three years next preceding his application for a 
license, nor unless his standing, character and professional 
knowledge of inebriety are satisfactory to the commission. 
Licenses granted hereunder shall expire with the last day of 
the calendar year in which they are issued, but may be re- 
newed. The commission shall have power to fix reasonable 
fees for said licenses and renewals thereof. 

Section 2. Said chapter two hundred and eighty-five 
is hereby further amended by striking out section seven and 
inserting in place thereof the following: — Section 7. Who- 
ever keeps or maintains a hospital or private house for the 
care or treatment of the insane, epileptic, feeble-minded or 
persons addicted to the intemperate use of narcotics or 
stimulants, unless the same is in charge of, and under the 
direct personal supervision of, a person duly licensed under 
this act, shall be guilty of a misdemeanor, and shall be 
punished by a fine of not more than five hundred dollars. 

Section 3. The superintendent or manager of any 
hospital or private house licensed for the care and treat- 
ment of persons addicted to the intemperate use of nar- 
cotics or stimulants may, when requested by a physician, 
by a member of the board of health or a police officer of a 
city or town, by an agent of the institutions registration 
department of the city of Boston, by a member of the dis- 
trict police, or by the wife, husband, guardian or, in the 
case of an unmarried person having no guardian, by the 
next of kin, receive and care for in such hospital, as a patient 
for a period not exceeding fifteen days, any person who 
needs immediate care and treatment because he has become 
so addicted to the intemperate use of narcotics or stimu- 
lants that he has lost the power of self-control. Such re- 
quest for the admission of a patient shall be made in writing 
and filed at the hospital at the time of his reception, or 
within twenty-foiu* hours thereafter, together with a state- 
ment, in a form prescribed by the commission, giving such 
information as the commission may deem appropriate. 
The trustees, superintendent or manager of such hospitals 
or private houses shall cause to be kept a record, in such 
form as the commission may require, of each case treated 
therein, which shall at all times be open to the inspection of 
the commission and its agents. Such records shall not be 



General Acts, 1917. — Chap. 233. 217 

a public record, nor shall the same be received as evidence Timeof 

• !• mi • 1 i" detention 

in any legal proceeding. Ihe superintendent or manager ot limited, uniesa, 
such a hospital shall not detain any person received as 
above for more than fifteen days, unless, before the expira- 
tion of that period, such person shall have been committed 
under the provisions of section fifty of chapter five hundred 
and four of the acts of the year nineteen hundred and nine, 
as amended by chapter seventy-three of the General Acts 
of the year nineteen hundred and fifteen, or has signed a 
request to remain under the provisions of section fifty-four 
of said chapter five hundred and four. 

Approved May 9, 1917. 

An Act relative to the retirement system for public QJidjy 233 

SCHOOL TEACHERS. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (2) of section one of chapter 1913, 832. § i(2), 
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: — "Annuities-certain" shall ^g^^J^^^t^rms 
mean payments for a definite number of years only, de- 
rived from contributions from teachers, and the number of 
years during which the payments shall be made shall be de- 
termined by the retirement board, — so as to read as fol- 
lows: — (2) "Annuities" shall mean payments for life de- 
rived from contributions from teachers. "Annuities-certain" 
shall mean payments for a definite number of years only, 
derived from contributions from teachers, and the number 
of years during which the payments shall be made shall be 
determined by the retirement board. 

Section 2. Section six of said chapter eight hundred l?c.%mended. 
and thirty-two, as amended by section two of chapter one 
hundred and ninety-seven of the General Acts of the year 
nineteen hundred and fifteen, is hereby amended by adding 
at the end thereof the following paragraphs : — (8) Any certain 
member of the retirement association who has served twenty eifglbifto 
or more years in the public schools of the commonwealth •■etirement. 
and who, before attaining the age of sixty, by reason of 
physical or mental disability, becomes permanently in- 
capable of rendering satisfactory service as a teacher, may, 
with the approval of the retirement board, be retired by 
the employing school committee: provided, that he has Proviso. 
served in the public schools of the commonwealth for the 



218 General Acts, 1917. — Chap. 233. 

five consecutive years immediately preceding the date of 
his retirement. Periods of leave of absence or sickness shall 
not be considered as breaking the continuity of the five 
consecutive years of service required by the provisions of 
this paragraph, but such periods of absence or sickness shall 
not be counted as service. 

Annuities. ^g^ ^j^y member of the retirement association shall, upon 

retirement under the provisions of paragraph (8) of this 
section, and during the continuance of disability, be en- 
titled to receive from the annuity fund, in quarterly pay- 
ments, a sum computed in accordance with the provisions 

Provisos. of paragraph (3) of this section: promded, that upon the 

approval of the retirement board, an annuity-certain based 
upon the tables of the board may be substituted for either 
of the plans provided for in said paragraph, and in case of 
the death of the annuitant before all the instalments-certain 
have been paid, the value at that time of the unpaid in- 
stalments, as determined on the basis of the tables adopted 
by the retirement board, shall be paid to the legal repre- 
sentatives of the deceased member's estate; and further 
promded, that if no executor or administrator of the estate 
of such deceased member is appointed within three months 
after his death, 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 es- 
tate, and such pajment shall be a bar to recovery by any 
other person. 

(10) Any member of the retirement association receiving 
a payment as provided in paragraph (9) of this section, 
shall, if not rendered ineligible therefor by the provisions of 
section twelve of this act, be entitled to receive from the 
pension fund for each year of service a pension equal to 
one thirtieth of the pension which would have been due 
him under the provisions of this act if he had retired at the 
age of sixty, having paid thirty annual assessments to the 
annuity fund, and received an annuity computed in accord- 
ance with the provisions of paragraph (3), option (a) of 

Provisos. this section: provided, hoimver, that the minimum annual 

amount to be paid from the pension fund shall be such 
that a member shall receive from this fund, for each year of 
his service, one thirtieth of two hundred and fift}' dollars; 
and further provided, that the total retiring allowance shall 
in no case be greater than the amount which the said member 



Pensions. 



General Acts, 1917. — Chap. 233. 219 

would receive if he were to continue in service until the age 
of sixty, contributing annual assessments based on the 
average salary received during the five years of service 
immediately preceding retirement, at the rate of assess- 
ment in effect at the time of retirement. 

(11) If a member is granted an annuity-certain by the Amount of 
retirement board, his total retiring allowance shall not be be°^td^*° 
limited to the total retiring allowance which he would have 
received at the age of sixty, as provided in paragraph (10) of 

this section, but the amount to be paid from the pension 
fund shall be the amount which would have been paid from 
that fund if an annuity-certain had not been granted. 

(12) In computing the amount to be paid from the pension Basis of 
fund under the provisions of paragraph (10) of this section, ^^®^®™®° • 
the assumed assessments necessary to complete the thirty 
annual assessments shall be based on the average salary 
received during the five years of service immediately pre- 
ceding retirement, and shall be at the rate of assessment in 

effect at the time of retirement. Interest on the amount to Rate of 
the member's credit at the time of retirement and on the '°*^''''^''- 
assumed assessments shall be figured at the rate of three 
per cent. 

(13) No member of the retirement association shall be Disability to 
retired under the provisions of paragraph (8) of this section by physician, 
until the fact of his disability has been certified to under ^^'^' 

oath by an examining physician selected by the employing 
school committee and approved by the retirement board, 
and until any further evidence of his disability which the 
retirement board may require shall have been furnished. 

(14) At intervals of not less than one year, any member certain 

of the retirement association receiving a retiring allowance bs"ano4ance 
under the provisions of this section, who has not attained abim ^ceases 
the age of sixty, shall, if so requested by the retirement to exist. 
board, be re-examined by a physician selected by the re- 
tirement board. If the retirement board finds that dis- 
ability which prevents satisfactory service as a teacher no 
longer exists, the retiring allowance shall cease. Refusal to 
submit to re-examination shall be cause for discontinuing the 
retiring allowance. 

(15) If a teacher ceases to receive a retiring allowance Amount to 
under the provisions of paragraph (14) of this section, the t^ch*e°/ how 
amount to his credit at that time in the annuity fund shall '*e*«'^^i°"'«i 
be determined on the basis of tables adopted by the retire- 
ment board, and the said amount shall be considered for the 



220 



General Acts, 1917. — Chaps. 234, 235. 



Retirement 
allowance upon 
re-examina- 
tion. 



Date of taking 
effect. 



purposes of this act to constitute the sum of his assessments, 
with the regular interest allowed thereon, to the time when 
his retiring allowance ceased. 

(16) Any member of the retirement association who shall 
cease to receive a retiring allowance under the provisions of 
paragraph (14) of this section, w^ho does not re-enter the 
service of the public schools, and who does not withdraw 
the amount to his credit in the annuity fund, may, upon 
attaining the age of sixty, receive a retiring allowance com- 
puted in accordance with the provisions of paragraphs (3) 
and (4) of this section, or may, before attaining the age of 
sixty, under conditions to be determined by the retirement 
board, upon request and after an interval of one year, be 
entitled to further re-examination by a physician selected 
by the retirement board, and if disability contracted during 
service as a public school teacher is found to exist, shall 
again be entitled to receive a retiring allowance under the 
provisions of paragraphs (9) and (10) of this section. 

Section 3. Tliis act shall take effect on the first day of 
July, nineteen hundred and seventeen. 

Approved May 9, 1917. 



Chap. 234: An Act to establish the s.\lary of the present 

PHYSICIAN OF the MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as foUoics: 
Salary of "pj^g prcscut ph\'sician of the Massachusetts reformator>- 

present ^ . , , iiii 

physician of shall hereafter receive a salary of three thousand dollars a 

the Massachu- ^ . i -hr r\ ^r,-irs' 

setts reforma- vcar. Approved May 9, 191/. 

tory. 

Chap.2S5 An Act relative to the purchase and release by the 

BOARD OF COMMISSIONERS ON FISHERIES AND GAME OF 
EGG-BEARING LOBSTERS. 

Be it enacted, etc., as follows: 

Section 1. The board of commissioners on fisheries and 
game may purchase to the extent of the money provided 
for that purpose, and at a rate not above the market price, 
lobsters with eggs attached taken along the shores of the 
commonwealth. Whosoever takes any such lobsters with 
eggs attached may, after obtaining a permit from said 
board, safely store the same in lobster cars or sections of 
cars used for such purpose only, and shall keep them separate 
from other lobsters until such time as the board or its agents 



Board of 
commissioners 
on fisheries 
and game may 
purchase, etc., 
egg-bearing 
lobsters. 



General Acts, 1917. — Chap. 236. 221 

can gather and pay for the same. The board or its agents 
shall liberate said lobsters in the vicinity of their place of 
taking. Said board may also purchase egg-bearing lobsters 
found in the possession of lobster dealers and for such purpose 
may expend a sum not exceeding that expended as above 
authorized. 

Section 2. Said board or its agents shall mark in some Marking, when 
suitable manner, and before their release, all lobsters pur- p"'^*='^^*''^- 
chased under the provisions of this act, and any lobsters so 
marked shall not again be purchased. Any person having Penalty. 
in his possession any lobster so marked, or any lobster 
mutilated in such manner as to hide or obliterate the said 
mark, shall be punished by a fine of not less than two nor 
more than two hundred dollars. 

Section 3. Chapter four hundred and eight of the acts Repeal, 
of the year nineteen hundred and four is hereby repealed. 

Approved May 9, 1917. 

An Act to provide for the reconstruction of a bridge (77,^2? 236 

AND ITS approaches OVER CHARLES RIVER IN THE CITY 
OF NEWTON AND THE TOWN OF WELLESLEY. 

Be it enacted, etc., as foUoivs: 

Section 1. The county commissioners of the counties of Reconstruction 
Middlesex and Norfolk are hereby constituted a board for bridge over 
the purpose of laying out and constructing a bridge, and in Newtonlnd 
the highway approaches thereto, over Charles river at Wales ^^''"^^^^^■ 
street in the city of Newton and at Walnut street in the 
town of Wellesley. The said board may lay out, alter, 
prescribe and specify the bridge and highway approaches 
thereto in Newton and Wellesley for a distance not exceeding 
five hundred feet on each side, measured from the abutments 
of the bridge. 

Section 2, The said board after such hearing, if any. Board may 
as it may deem advisable, may take lands necessary for the ll^^ ''*"^®' 
purpose and lay out, alter and specify the bridge and its 
highway approaches: provided, that the plans for the high- proviso, 
way and the bridge shall be approved by the board of alder- 
men of the city of Newton, by the board of selectmen of the 
town of Wellesley and by the metropolitan park commission, 
and within sixty days after the date of its order, shall file Description of 
in the registries of deeds of the respective counties and in i^.t^b?' 
the office of the town clerk of the town of Wellesley and of '^<^''<i«'^- 
the city clerk of the city of Newton, plans and descriptions 



222 



General Acts, 1917. — Chap. 236. 



how paid, etc. 



Common- 
wealth to give 
certain lands, 
etc. 



Bids to be 
called for. 



Apportionment 
of cost. 



Court may 

appoint 

commissioner. 



Control, 
etc., to vest 
in city of 
Newton and 
town of 
Wellesley 



To be sub- 
mitted to city 
council and to 
voters, etc. 



of the land taken and of the work proposed. The board 
shall estimate the damages sustained by any person by 
reason of said proceedings, and shall direct the payment 
thereof by the county in which the land taken is situated. 
Any party aggrieved by the action of the board shall have 
the same remedies as are now provided by law in the case 
of land taken for highways. 

Section 3. The metropolitan park commission is au- 
thorized to give any lands or rights or easements or interest 
in land under its control that may be needed for carrying 
out the said plans. 

Section 4. The said board shall, after laying out the 
work, proceed to construct said bridge and the highway 
approaches by contract, after due advertisement for pro- 
posals have been made in the manner prescribed by section 
twenty-seven of chapter twenty of the Revised Laws. 

Section 5. The cost and expense of the said work shall 
be paid, in the first instance, in the proportions of one half 
by each county, but in no event shall the same exceed the 
sum of twenty thousand dollars. On the completion of the 
work and the payment of all expenses, the said board shall 
determine what proportion of the expense shall be borne by 
each county, or by such cities and towns in said counties 
as the board may determine are directly benefited by said 
bridge, and by the city of Newton and the town of Welles- 
ley. In case the board cannot agree upon such apportion- 
ment, the superior court shall, upon the petition of the 
board, appoint a commissioner to hear and determine the 
matter, and his decision, when returned to the superior 
court, and approved or modified by it, shall be final and 
conclusive. The superior court shall determine the com- 
pensation which the commissioner shall receive, which shall 
be included and apportioned as part of the cost of the work. 
The members of said board shall receive such compensation 
for their services as shall be determined by the governor and 
council. 

Section 6. Upon the completion of the said structures 
the control and maintenance of the same shall vest in the 
city of Newton and the town of Wellesley, and the expense 
of the maintenance thereof shall be borne by the said city 
and town respectively in the same manner as the mainte- 
nance of the superseded structures. 

Section 7. This act shall take effect upon its acceptance 
by the mayor and aldermen of the city of Newton, and by 



General Acts, 1917. — Chap. 237. 223 

a majority of the legal voters of the town of Wellesley 
present and voting thereon at a meeting duly called for the 
purpose. Approved May 9, 1917. 

An Act relative to itinerant vendors. Chap. 2^7 

Be it enacted, etc., as follows: 

Section 1 . Section two of chapter sixty-five of the r. l. 65, § 2, 
Revised Laws is hereby amended by inserting after the *'"'*" 
word "delivery", in the fourth line, the words: — nor to 
sales of goods, wares and merchandise by any person, whether 
principal or agent, who engages in temporary or transient 
business in any city or town in which he has paid taxes 
upon his stock in trade during the current year, — by in- 
serting after the word "hawkers", in the fifth line, the w^ords: 
— and pedlers as defined in section thirteen, as amended by 
section one of chapter two hundred and forty-two of the 
General Acts of the year nineteen hundred and sixteen, — 
and by striking out the words "on the streets or pedlers 
from vehicles", in the same line, so as to read as follows: — 
Section 2. The provisions of the first twelve sections of p^^gi^ns not 
this chapter shall not applv to sales by commercial travellers to apply to 
or by selling agents to dealers in the usual course of business, travellers, et<'. 
nor to bona fide sales of goods, wares or merchandise by 
sample for future delivery, nor to sales of goods, wares and 
merchandise by any person, whether principal or agent, 
who engages in temporary or transient business in any 
city or town in which he has paid taxes upon his stock in 
trade during the current year, nor to hawkers and pedlers 
as defined in section thirteen, as amended by section one of 
chapter two hundred and forty-two of the General Acts of 
the year nineteen hundred and sixteen, nor shall they 
affect the right of any city or town to pass ordinances or by- 
laws authorized by law relative to itinerant vendors. 

Section 2. Section three of chapter sixtv-five of the R. l- es, § 3, 

Tt ' ^ T 111 ,• Aij etc., amended. 

Kevised l^aws, as amended by section one 01 chapter one 
hundred and twenty of the General Acts of the year nineteen 
hundred and sixteen, is hereby further amended by inserting 
after the word "commissioner", in the eighth line, the 
words: — or shall give a bond in the sum of five hundred 
dollars, payable to the commissioner and his successors, 
with sureties approved by the commissioner, conditioned 
upon (1) compliance with the provisions of this chapter, 
(2) payment of all fines or penalties incurred by him through 



224 



General Acts, 1917. — Chap. 237. 



Itinerant 
vendors to 
be licensed. 



Deposit 
or bond. 



State 
license fee. 



R. L. 65, § 11, 
etc., amended. 



violations of the provisions of this chapter, and (.3) pajonent 
or satisfaction of any judgment obtained against him in 
behalf of any creditor whose claim arises in connection with 
the business done under the licensee's state license and who, 
before the expiration of sixty days from the date of the 
expiration or return and cancellation of the said state license, 
shall have given due notice of his claim to the commissioner, 
— so as to read as follows : — Section 3. Every itinerant 
vendor, whether principal or agent, shall, before commencing 
business in this commonwealth, make application 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 hundred dollars with the com- 
missioner or shall give a bond in the sum of five hundred 
dollars, payable to the commissioner and his successors, 
with sureties approved by the commissioner, conditioned 
upon (1) compliance with the provisions of this chapter, 
(2) payment of all fines or penalties incurred by him through 
violations of the provisions of this chapter, and (.3) payment 
or satisfaction of any judgment obtained against him in 
behalf of any creditor whose claim arises in connection with 
the business done under the licensee's state license and who, 
before the expiration of sixty days from the date of the ex- 
piration or retm-n and cancellation of the said state license, 
shall ha\T given due notice of his claim to 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 com- 
monwealth for the term of one year from the date thereof. 
Every license shall contain a cop,y of the application there- 
for, 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 3. Section eleven of said chapter sixty-five, as 
amended by section four of said chapter one hundred and 
twenty, is hereby further amended by adding at the end 
thereof the words : — or if the licensee has given a bond 
instead of having made a special deposit, the commissioner 



General Acts, 1917. — Chap. 237. 225 

shall, after sixty days from the expiration, return, or sur- 
render of the state license, and after all claims made under 
the provisions of the following section have been satisfied or 
settled, cancel the bond and notify the licensee and the 
surety or sureties thereon, — so as to read as follows: — 
Section 11. Upon the expiration and return or surrender of ofTi^renderld 
each state license the commissioner of weights and measures ^^^'^^^^' ^^^^ 
shall cancel the same, indorse the date of delivery and can- 
cellation thereon, and place the same on file. He shall then 
hold the special deposit of the licensee thereunder for sixty 
days and, after satisfying all claims made upon the same 
under the provisions of the following section, shall return the 
surplus to the licensee; or if the licensee has given a bond 
instead of having made a special deposit, the commissioner 
shall, after sixty da\'s from the expiration, return, or sur- 
render of the state license, and after all claims made under 
the provisions of the following section have been satisfied 
or settled, cancel the bond and notify the licensee and the 
surety or sureties thereon. 

. Section 4. Section twelve of said chapter sixty-five, as r. l. 65, § 12, 
amended by section five of said chapter one hundred and ^*" • '>™®"'*^- 
twenty, is hereby further amended by inserting after the 
word "deposit", in the twenty-sixth line, the words: — or 
the penal sum of the bond, — and by adding at the end 
thereof the words : — A bond given in lieu of a deposit may 
be put in suit by any person who, if a deposit had been 
made, might have, as a plaintiff in an action of trustee 
process, attached the deposit as hereinbefore specified, or 
by the clerk of any court in which, or the trial justice by 
whom, any fine or penalty is imposed, as hereinbefore speci- 
fied, — so as to read as follows: — Section 12. Each deposit |p®*''^[ 
made with the commissioner of weights and measures shall subject to 
be subject to attachment and execution in behalf of creditors etc. 
of the licensee whose claims arise in connection with the 
business done under his state license, and the commissioner 
of weights and measures may be held to answ^er 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 amount of money as 
he mav be chargeable with upon his answer. Said deposit Special 
shall also be subject to the payment of any and all fines and to payment 
penalties incurred by the licensee through violations of the penalties. 
provisions of the preceding sections, and the clerk of the 
court in which, or the trial justice by whom, such fine or 



226 General Acts, 1917. — Chap. 238. 

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 
pa\Tnent as aforesaid of so much as he has in his hands, 
euf^tow'paid ^^i judgments, fines or penalties shall be paid in the order 
in which notice of the claim is recei\'ed by the commissioner 
of weights and measures, until all such claims are satisfied 
or the deposit or the penal sum of the bond exhausted, but 
no notices filed after the expiration 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 un- 
Bondmaybe paid. A bond givcu in lieu of a deposit may be put in suit 
put in suit. i^y ^^y person who, if a deposit had been made, might have, 
as a plaintiff in an action of trustee process, attached the 
deposit as hereinbefore specified, or by the clerk of any 
court in which, or the trial justice by whom, any fine or 
penalty is imposed, as hereinbefore specified. 
Section 5. This act shall take effect upon its passage. 

Approved May 10, 1917. 

C hap. 2SS An- Act to extend the powers of fire insurance com- 
panies. 

Be it enacted, etc., as follows: 
|907.^576. § 32 Section 1 . The first clause of section thirty-two of 
amended. chapter fivc hundred and seventy-six of the acts of the year 

nineteen hundred and seven, as amended by chapter five 
hundred and nine of the acts of the year nineteen hundred 
and eight, by chapter four hundred and ninety-nine of the 
acts of the year nineteen hundred and ten, and by chapter 
one hundred and seventy-four of the acts of the year nine- 
teen hundred and thirteen, is hereby further amended by 
inserting after the word "land", in the sixth line, the 
word : — earthquake, — and by inserting after the word 
"bombardment", in the same line, the words: — invasion, 
foreign enemies, insurrection, riot, civil war or commotion, 
military or usurped power, — so that said clause as amended 
will read as follows: — 



insurance 
commissioner. 



General Acts, 1917. — Chap. 239. 227 

First, To insure upon the stock or mutual plan against Powers of fire 

, 1 . J 1 I i> 1 insurance 

loss or damage to property and loss or use and occupancy companies 
by fire; explosion, fire ensuing; explosion, no fire ensuing, ®''^*'"'^^^- 
except explosion of steam boilers and fly wheels; lightning, 
hail or tempest on land; earthquake; bombardment; 
invasion, foreign enemies, insurrection, riot, civil war or 
commotion, military or usurped power; a rising of the 
waters of the ocean or its tributaries, or by any two or more 
of said causes. 

Section 2. A company insuring property in this com- Form of 
monwealth against loss or damage from explosion, except tefiied^4uh*° 
explosion of steam boilers and fly wheels; bombardment; 
invasion, foreign enemies, insurrection, riot, civil war or 
commotion, military or usurped power, or any one or more 
of them, shall file with the insurance commissioner the 
forms of the policies or riders employed in such insurance in 
this commonwealth. 

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

Ap'proved May 11, 1917. 



An Act to authorize the board of free public library phn^) 239 

COMMISSIONERS TO SUPPLY BOOKS TO SOLDIERS AND 
SAILORS. 

Be it enacted, etc., as follows: 

Section 1. The board of free public library commis- Board of free 
sioners is hereby authorized to expend, from the amount of ^mmiggi'onlra 
the annual appropriation for its use, a sum not exceeding {JJ^^^g to^'^ 
one thousand dollars during the year nineteen hundred and soldiers and 
seventeen, and the same sum annually during the con- 
tinuance of the present war, in supplying books for the use 
of members of the United States army or navy, or of the 
national or home guard who may be stationed within the 
commonwealth. The board may place the books so supplied 
in the custody of any military officer or other person, or of 
any corporation; and may make such other arrangements 
for the distribution and collection of the books as it may 
deem proper. 

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

Approved May 12, 1917. 



228 



General Acts, 1917. — Chaps. 240, 241. 



Licenses may 
be granted 
for certain 
structures in 
non-tidal part 
of the 
Merrimack 
river. 



Chap. 240 An Act to authorize the comivhssion on waterways 

AND PUBLIC L\ND.S TO LICENSE CERTAIN STRUCTURES IN 
THE NON-TIDAL PART OF THE MERRIMACK RIVER. 

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

Section 1. The commission on waterways and public 
lands may grant licenses, upon such terms as it deems 
proper, for the construction or extension of a dam, road, 
bridge, or other structure, or for filling land or driving piles, 
in, over, or upon the waters of the non-tidal part of Merri- 
mack river below high water mark, and for excavating in 
said part of the river. The provisions of sections nineteen, 
twenty and twenty-one of chapter ninety-six of the Revised 
Laws shall apply to licenses granted hereunder. 

Section 2. Any erection made and any work done on 
or within the banks of the said part of the river below high 
water mark, which is not authorized by the general court or 
by said commission, or is made or done in a manner not 
sanctioned by the commission, in all cases aforesaid in 
which provision for a license is made, shall be considered a 
public nuisance, which the attorney-general and the district 
attorneys within their respective districts shall, at the 
request of said commission, institute proceedings to enjoin 
or abate. 

Section 3. Nothing contained in this act, or in any 
license granted hereunder, shall be so construed as to impair 
the legal rights or remedies of any person or corporation. 

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

Approved May 12, 1917. 



Unauthorized 
work deemed a 
public nuisance. 



Not to impair 
legal rights, etc. 



Chap. 241 An Act to authorize the county of PL-iTviouTH to 

BORROW MONEY FOR THE CONSTRUCTION OF A COURT 
HOUSE IN THE TOWN OF HINGHAM. 

Be it enacted, etc., as follows: 

Su™ty"may Section 1. The couuty commissioners of the county of 

l^rrow^money Plymouth are hereby authorized to borrow on the credit of 
court house in i\iq county a sum of money not exceeding thirty thousand 
dollars for the purpose of acquiring land for, and the erection 
and furnishing of, a court house for the second district 
court in the town of Hingham, and to issue notes or bonds 
of the county therefor, to be designated on their face: — 



Hingham. 



General Acts, 1917. — Chaps. 242, 243. 229 

Second District Court Loan, payable within five years in Second District 
equal annual payments, the first pa\Tnent to become due "'^*'^*° 
not more than one year from the date thereof, and to assess 
annually upon the county such sums as may be necessary 
to extinguish the loan within the time specified. 
Section 2. This act shall take effect upon its passage, 

Ayyrowd May 12, 1917. 

An Act to establish the salaries of the district QfiQ^j) 242 

ATTORNEY AND ASSISTANT DISTRICT ATTORNEY OF THE 
MIDDLE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The annual salaries of the district attorney salaries of 
and of the assistant district attorney of the middle district, attorney and 
shall be three thousand dollars and two thousand dollars mfddiTdistrict 
respectively. established. 

Section 2. So much of any act as is inconsistent here- certain 
with shall not apply to the provisions hereof. S,' apS"' "''^ 

Approved May 12, 1917. 

An Act to establish the salary of the commissioner (jfiQp 243 
of weights and measures. 

Be it enacted, etc., as follows: 

Section two of chapter five hundred and thirty-foiu* of the 1907. 334, § 2. 
acts of the year nineteen hundred and seven, as amended «'^''' amended. 
by section one of chapter four hundred and sixty-five of the 
acts of the year nineteen hundred and ten, and by section 
one of chapter six hundred and thirty-two of the acts of the 
year nineteen hundred and eleven, and by section one of 
chapter two hundred and fifty-six of the acts of the year 
nineteen hundred and twelve, is hereby further amended 
by striking out the words "two thousand", in the third 
line, and inserting in place thereof the words: — twenty- 
five hundred, — so as to read as follows: — Section 2. The Salary of 
said commissioner may appoint six inspectors. The annual ^wdghts^-fnd 
salary of the commissioner shall be twenty-five hundred ^^n^h^ed^*"' 
dollars. The annual salary of the inspectors shall be twelve 
hundred dollars each for the first year of service, thirteen 
hundred dollars for the second year, fourteen hundred 
dollars for the third year, and fifteen hundred dollars for 
the fourth year and for any subsequent year. They shall 
give bonds for the faithful performance of their duties. The 



230 



General Acts, 1917. — Chaps. 244, 245, 246. 



Authority to 
grant certain 
permits to 
prisoners to 
be at liberty 



commissioner shall be allowed for clerical services, travel and 
contingent office expenses for himself and his inspectors 
such sum as may be necessary, to be paid out of the treas- 
ury of the commonwealth. Apijroved May 12, 1917. 

Chap. 24:4: An Act to establish the salary of the postmaster 

OP THE STATE HOUSE. 

Be it enacted, etc., as follows: 

^tmaster of '^^^^ postmastcr of the state house shall receive a salary of 
the state house sixtccu huudrcd dollars a vear. 

established. ^ , , , , 

Approved May 12, 1917. 
Chap. 24b An Act relative to the authority for granting 

CERTAIN permits TO PRISONERS TO BE AT LIBERTY. 

Be it enacted, etc., as folloios: 

All the powers and duties of the director of prisons re- 
lating to the granting of permits to be at liberty to prisoners 
who have been removed from the Massachusetts reformatory 

transferred to, ••11 p ,• i.* 11 

board of parole, to a jail or housc 01 corrcctiou, and to prisoners who have 
been removed from the reformatory for women to a jail or 
house of correction, are hereby transferred to, and shall 
hereafter be exercised by, the board of parole of the Massa- 
chusetts bureau of prisons. Approved May 12, 1917. 

Chap. 24^^ An Act to provide for the ]\l\intenance of warning 

SIGNS, AND TO REGULATE THE OPERATION OF MOTOR 
vehicles, at RAILROAD CROSSINGS. 

Be it enacted, etc., as follows: 

Section 1. Within six months after the passage of this 
act, every county, city, and town within the commonwealth 
shall, except as hereinafter provided, and the Massachusetts 
highway commission shall, unless in any case it deems it 
imnecessary or impracticable so to do, place and thereafter 
maintain warning signs on every public way subject to its 
jm-isdiction, where the way crosses the tracks of a railroad 
at grade. The signs shall consist of a metal disc twenty- 
four inches in diameter, the field thereof to be enameled 
white, with an enameled black border line one inch wide, 
and with an enameled black perpendicular and horizontal 
crossline two and a half inches wide; the reverse side of the 
disc to be colored black. In each of the upper quarterings 
shall appear, in black enamel, the letter "R", five inches 



Counties, 
cities, towns, 
etc., to place 
warning signs 
at railroad 
crossings. 



General Acts, 1917. — Chap. 246. 231 

high, three and three quarter inches wide, the Hnes to be of 
one inch stroke. The said siijns shall be placed in con- 
spicuous situations beside the public way, on each side of 
the crossing, and at a distance of not less than three hun- 
dred feet from the nearest rail of the crossing. 

Section 2. Every railroad corporation shall, upon re- Railroad 
quest in writing, and within four months after receiving the to'^fmSsh"^ 
same, furnish to any county, city or town in the common- reqlfesT"" 
wealth, or to the Massachusetts highway commission, as 
the case ma\' be, a sufficient number of warning signs of the 
type prescribed by section one hereof to enable such county, 
city or town, or the said commission, from time to time to 
comply with the provisions of section one hereof. The said 
signs shall be furnished, as aforesaid, without charge, unless 
they are to be used for replacement purposes, in which 
case the railroad corporation may require the payment of 
the net cost thereof. 

Section 3. Upon approaching any railroad crossing at ^gH^'P^P,""®^ 
grade the person controlling the movement of any self- reduce speed 
propelled vehicle shall reduce the speed of the vehicle to a ^ '=™''*'"s- 
reasonable and proper rate, and shall proceed cautiously 
over the crossing. Any person who violates any provision Penalty. 
of this section shall be punished by a fine of not less than 
ten nor more than fifty dollars. 

Section 4. If in the case of any railroad grade crossing Public service 
it appears that the placing of the signs prescribed by section determine 
one hereof is impracticable or unnecessary, the public service ^'runnlee'^s- 
commission, on petition, may release the county, city or ^'''"^• 
town, as the case may be, from the provisions of said section. 

Section 5. If any county, city or town shall neglect, PenaJtyfor 

p • , 1 i?x j-i ' ^' i? j_i • j^i failure to place 

tor sixty days alter the expiration or the six months pre- signs. 
scribed in section one hereof, to comply with the require- 
ments thereof, unless released therefrom by order of the 
public service commission, or unless prevented by the 
failure of any railroad corporation to comply with the re- 
quirements of section two hereof, and if any railroad cor- 
poration shall neglect, for sixty days after the expiration 
of the four months prescribed in section two hereof, to 
comply with the requirements thereof, it shall forfeit one 
dollar for each day during which such neglect continues, 
to be recovered in an action of tort brought in the name and 
for the use of the commonwealth by the attorney-general 
or by the district attorney of the district in which the viola- 
tion occurred. 



232 



General Acts, 1917. — Chap. 247. 



Penalty for 
removal 
of signs. 



Section G. Any person who unlawfully removes, throws 
down, injures or defaces any such sign shall be punished by 
a fine not exceeding ten dollars, for the use of the county 
or municipality placing and maintaining the sign, or of the 
commonwealth, if the sign is placed and maintained by the 
Massachusetts highway commission. 

Approved May 12, 1917. 



Bristol County 
Agricultural 
school 
established. 

Courses of 
instruction. 



Chap.247 An Act relative to the independent agricultural 

SCHOOL OF BRISTOL COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The name of the independent agricultural 
school of Bristol county shall be Bristol County Agricultural 
School. 

Section 2. The said school shall provide instruction in 
agriculture and, at such time as may be approved by the 
board of education, may provide instruction in household 
arts or home-making. Short-unit courses of instruction 
may be given both at the school and elsewhere in the county. 
Members of the school staff shall investigate farm and 
market conditions for the purpose of advising individuals 
and organizations with reference to better business methods 
among farmers, and more satisfactory methods of marketing 
farm products, shall give instruction in the formation of 
co-operative enterprises, and shall perform any other work 
calculated to promote the agricultural or rural development 
of the county. It shall be the duty of members of the staff 
to keep in touch with, and to avail themselves of, all agencies 
in the commonwealth or elsewhere that will enable them to 
utilize the latest and best knowledge and practice in the 
furtherance of their work. 

Section 3. The said school may receive and utilize gifts 
considered by said trustees and the board of education to 
be consistent with its purposes, but principally it shall be 
supported as follows : — The treasm-er of the county shall 
pay all bills which are approved by the trustees, not ex- 
ceeding in the aggregate twenty thousand dollars, in addi- 
tion to the miscellaneous income described in section four of 
this act, for the establishment, equipment and maintenance 
of said school during the fiscal year nineteen hundred and 
seventeen, and the amount so paid shall be raised by taxa- 
tion in the same manner in which the other expenses of the 



May receive 
gifts. 



School, how 
supported. 



General Acts, 1917. — Chap. 247. 233 

county are provided for. Said trustees shall annually, after Annual esti- 
the first year, in consultation with and with the approval of req^ir°e/to°"'* 
the board of education and the county commissioners of the ^^I'tobe**' 
county prepare on or before the fifteenth day of December, prepared. 
an estimate of the amount required to establish, equip, 
and maintain the said school for the ensuing year; and the 
said amount shall be included by the county commissioners 
of the county in the estimate required by section twenty- 
seven of chapter twenty-one of the Revised Laws, as amended, 
and if the amount so estimated, or any part thereof, shall be 
authorized by the general court as part of the county tax, 
the county of Bristol shall raise by taxation the sum so 
authorized, and the treasurer of the county shall pay all 
bills, if approved by the trustees, not exceeding the amount 
authorized, in the same manner as the bills of other depart- 
ments of the county are paid. 

Section 4. In order to reduce the net cost to the county ah miscei- 
and state of the said school, all miscellaneous income, in- ete!°to be*^™^' 
eluding receipts for tuition collected on account of non- t^e'^Se"*^ 
resident pupils, receipts from the sale of products, from 
the work of pupils, or from any other source, shall be paid 
to the county treasurer to be applied toward the expense 
of maintenance. 

Section 5. Said school, to the extent of the capacity of Sf beadS^ 
the various courses provided for in accordance with section ^'^®*'- 
two of this act, shall be free for attendance to residents of 
said county over fourteen and under twenty-five years of 
age; and, to residents of the commonwealth over seventeen 
years of age in such numbers and for such instruction as 
shall be approved by the board of education. Any resident, Admission of 

n. e B 'j. j_*liTl_ certain pupils 

over fourteen years or age, or a city or town in Massacnu- resident outside 
setts outside of said county which does not maintain a state- *" '=°"°''y- 
aided vocational school offering the type of education de- 
sired, may be admitted to the Bristol County Agricultural 
School in accordance with the provisions governing the 
admission of non-resident pupils and the collection of tuition 
fees contained in chapter four hundred and seventy-one of 
the acts of the year nineteen hundred and eleven. 

Section 6. This act shall take effect upon its passage; Repeal, 
and such parts of previous acts relating to the independent 
agricultural school of Bristol county as are not consistent 
with this act are hereby repealed. 

Approved May 14, 1917. 



234 



General Acts, 1917. — Chaps. 248, 249, 250. 



Mental 
instruction of 
inmates of 
Massachusetts 
reformatory. 



Repeal. 



Chap. 248 An Act to provide for the mental instruction of 

INMATES OF THE MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

Section 1. The superintendent of the Massachusetts 
reformatory may, subject to the approval of the director of 
prisons, expend a sum not exceeding five thousand dollars 
annually for the mental instruction of inmates. 

Section 2. Section seventy-four of chapter two hun- 
dred and twenty-five of the Revised Laws, and so much of 
any act as is inconsistent herewith are hereby repealed. 

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

Approved May 14, 1017. 

Chap. 24:9 An Act increasing the maximum weekly compensation 

PAYABLE TO INJURED EMPLOYEES IN CERTAIN CASES. 

Be it enacted, etc., as folloivs: 

Section 1. Section nine of Part II of chapter seven 
hundred and fifty-one of the acts of the year nineteen hun- 
dred and eleven, as amended by section four of chapter seven 
hundred and eight of the acts of the year nineteen hundred 
and fourteen, is hereby further amended by striking out the 
word "ten", in the fourth line, and inserting in place thereof 
the word: — fourteen, — so as to read as follows: — Section 
0. While the incapacity for work resulting from the injury 
is total, the association shall pay the injured employee a 
weekly compensation equal to sixty-six and two thirds per 
cent of his average weekly wages, but not more than fourteen 
dollars nor less than four dollars a week; and in no case 
shall the period covered by such compensation be greater 
than five hundred weeks, nor the amount more than four 
thousand dollars. 

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

Approved May 14, 1917. 

Chap.250 An Act to prohibit the use of political party names 

ON NOMINATION PAPERS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and one of chapter 
eight hundred and thirty-five of the acts of the year nine- 
teen hundred and thirteen is hereby amended by striking 
out the second paragraph, and inserting in place thereof the 



1911, 751 (II), 
§ 9, etc., 
amended. 



Maximum 
weekly com- 
pensation 
payable to 
injured 
employees in 
certain cases 
increased. 



1913, 835, § 201, 
amended. 



General Acts, 1917. — Chap. 250. 235 

following: — If a candidate is nominated otherwise than Use of political 
by a political party, the name of a political party shall not independent 
be used in his political designation. Certificates of nomina- papers^fo?" 
tion and nomination papers for town offices may or may not prohibited."" 
include a designation of the party or principle which the 
candidate represents. 

Section 2. Section two hundred and fifty-eight of said Amended. ^"'''^' 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words " expressed in accordance with section 
two hundred and one", in the sixteenth line, and by striking 
out the fourth paragraph in the twenty-fourth to the twenty- 
eighth lines, inclusive, so as to read as follows: — Section General 
258. General ballots for the use of male voters in a voting 
precinct or town shall contain the names of all candidates 
duly nominated for election therein, and such ballots shall, 
except as provided in section two hundred and sixty, con- 
tain the name of no other person. 

To the name of each candidate for a state office shall be Residence to 
added the name of the city or town in which the candidate nameo^f 
resides. To the name of each candidate for a city office <=a'^<i'<^*e. 
shall be added the name of the street on which he resides, 
with his street number, if any; and to the name of each 
candidate for the office of alderman at large shall also be 
added the number of the ward in which he resides. 

To the name of each candidate for a state or city office, PoUticai 
except city offices in Boston, shall be added in the same 
space his party or political designation or designations. To 
the name of each candidate for a town office upon an official 
ballot shall be added the designation of the party or principle 
which he represents, contained in the certificate of nomina- 
nation or nomination papers. No greater number of candi- wft'h^iamr 
dates for any office, bearing the same political designation, designation. 
nominated otherwise than by nomination papers, shall be 
placed upon the official ballot than are to be elected. 

If a candidate shall receive the nomination of more than Candidates 
one party or more than one political designation for the nomination of 
same office, he may, within the seventy-two hours next plrty^et",""^ 
succeeding five o'clock of the last day fixed for the filing of S'l^rder^n '^'^ 
nomination papers, by a writing delivered to the officer or '^'*"°*^- 
board required by law to prepare the official ballot, direct in 
what order the several nominations or political designations 
shall be added to his name upon the official ballot; and 
such directions shall be followed by the said officer or board. 
If, during said time, said candidate shall neglect to direct in 



236 



General Acts, 1917. — Chap. 251. 



writing as aforesaid, then said officer or board shall add said 
nominations or political designations to the name of said 
candidate upon the official ballot in such order as said 
officer or board shall determine. 
Section 3. This act shall take effect upon its passage. 

Approved May 14, 1917. 



1916, 286 (G), 
§ 2, amended. 



Making of 
contracts for 
supplying 
hospital 
facilities for 
consumptives. 



Chap. 2^1 An Act relative to the care by counties of certain 

PERSONS SUFFERING FROM CONSUMPTION. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
eighty-six of the General Acts of the year nineteen hundred 
and sixteen, is hereby amended by striking out the words 
"before January first of the year nineteen hundred and 
seventeen", in the first and second lines, and inserting in 
place thereof the words : — before April first of the year 
nineteen hundred and eighteen, — so as to read as follows: 
— Section 2. A contract entered into before April first of 
the year nineteen hundred and eighteen for a term of years 
not less than five nor more than twenty-five, and approved 
by the state department of health after a petition 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 thousand 
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 
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, hmvever, 
that if such contracts are not renewed and approved by the 



Proviso. 



General Acts, 1917. — Chap. 251. 237 

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 
terms 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 2. Section nine of said chapter two hundred pi^, 286 (G), 
and eighty-six is hereby amended by adding at the end 
thereof the following: — County commissioners of counties May borrow 
whose patients are cared for by contract under the pro- ^'^'^^y- 
visions of section two are authorized to raise and expend 
such sums as may be necessary to carry out the provisions 
thereof, and may borrow the same on the credit of the 
county and issue therefor notes of the county, payable, in 
not more than eighteen months from their respective dates 
of issue, from the reimbursements received from the said 
cities and towns. They shall in January of each year de- 
termine the total amount already expended by, or due 
from, the county under the provisions of such contracts 
during the previous year, and shall apportion the same to, 
and may collect the same from, the several cities and towns 
liable under this act in the same manner as the costs of con- 
struction and equipment of hospitals is apportioned under 
the provisions of section seven, and the same shall be applied 
to the payment of the temporary debt incurred by said 
counties under the provisions of this act. 

Section 3. Section thirteen of said chapter two hun- isie. 286 (G) 
dred and eighty-six is hereby amended by striking out 
all after the first sentence, so as to read as follows : — 
Section 13. The situation, plans for construction and actual approw^^ 
construction of any new hospitals or additions to any existing ^y ^^^^j^^j^^. 
hospitals, provided for the purpose of carrying out the pro- of health, 
visions of this act, shall be subject to the approval of the 
state department of health. 

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

Approved May 14, 1917. 



238 



General Acts, 1917. — Chaps. 252, 253. 



Chap. 252 An Act to PROvroE for an assistant clerk for the 

CENTRAL DISTRICT COURT OF NORTHERN ESSEX. 

Be it enacted, etc., as follows: 

There shall be an assistant clerk of the central district 
court of northern Essex who shall be appointed under the 
provisions of section eleven of chapter 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. His salary shall be a sum equal to two 
thirds of the salary of the clerk of said court, and shall be 
paid by the county of Essex. Approved May 14, 1917. 



Office of 
assistant clerk 
for the central 
district court 
of northern 
Essex 
established. 



R. L. 164, § 35, 
amended. 



Chap.253 An Act relative to the duties and salary of the 

MESSENGER OF THE COURTS OF PROBATE AND INSOLVENCY 
FOR THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirty-five of chapter one hundred 
and sixty-four of the Revised Laws is hereby amended by 
striking out all after the word "direct", in the seventh line, 
and inserting in place thereof the following: — including 
duty as a court officer of the said court. He shall receive 
from said county an annual salary of seventeen hundred 
dollars payable in equal monthly instalments which shall 
be in full payment of all services performed by him. He 
shall also receive ten cents a mile for travel out and home 
once a week during his attendance upon the said courts, 
and he shall at his own expense provide a uniform, such as 
the court shall order, which he shall wear while in attendance 
on the said court, — so as to read as follows: — Section 35. 
The judges of probate and insolvency for the county of 
Middlesex may appoint a messenger for the courts of probate 
and insolvency for said county, may at any time remove 
him for a cause which is by them considered sufficient, and 
may fill a vacancy caused by a removal or otherwise. Said 
messenger shall wait upon said courts and perform such 
duties as the judges may direct including duty as a court 
officer of the said court. He shall receive from said county 
an annual salary of seventeen hundred dollars payable in 
equal monthly instalments which shall be in full payment 
of all services performed by him. He shall also receive ten 
cents a mile for travel out and home once a week during 



Duties and 
salary of the 
messenger of 
the courts of 
probate and 
insolvency for 
Middlesex 
county. 



General Acts, 1917. — Chaps. 254, 255. 239 

his attendance upon the said courts, and he shall at his 
own expense provide a uniform, such as the court shall 
order, which he shall wear while in attendance on the said 
court. 

Section 2. Chapter one hundred and ninety-three of the Repeal, 
acts of the year nineteen hundred and six is hereby repealed. 

Approved May U, 1917. 

An Act to authorize cities and towtvs to pay to their QJi^j) 254 

EMPLOYEES WHO ENLIST IN THE SERVICE OF THE UNITED 
states the DIFFERENCE BETWEEN THEIR MILITARY AND 
THEIR MUNICIPAL COMPENSATION. 

Be it enacted, etc., as foUoivs: 

Section 1. Cities and towns are hereby authorized to Cities and 
pay to employees leaving their service between INIarch ^ay"thdr em- 
twenty-fifth, nineteen hundred and seventeen, and the close liitfnTin"' 
of the war, as determined by the United States govern- ^r^icefhe*^^ 
ment, for the purpose of entering the military or naval w^^^n th ■ 
service of the United States, an amount equal to the difference military and 
between the compensation which such employees were re- compenL^tion. 
ceiving at the time of leaving such service and the pay which 
they receive while in said military or naval service under 
the acts of congress and of this commonwealth, including 
aid to their dependents. The payments herein provided for 
shall date from the time when the employee leaves the 
service of the city or town. Payments hereunder shall con- 
tinue to be made for six months after the close of the war 
as determined aforesaid unless the recipient is sooner dis- 
charged. 

Section 2. This act shall take effect in cities upon its To be sub- 
acceptance by the mayor and city council, or by the com- councils, com- 
mission in cities where there is a commission form of govern- voteJs,"etc. 
ment, and in towns upon its acceptance by the voters of the 
town at any regular or special town meeting. 

Approved May I4, 1917. 

An Act relative to the terms of office of certain Chap. 255 

COUNTY officers. 

Be it enacted, etc., as follows: 

vSection 1. Section three hundred and ninety-one of ^^^^^f/j * ^^^• 
chapter eight hundred and thirty-five of the acts of the 
year nineteen hundred and thirteen is hereby amended by 



240 



General Acts, 1917. — Chap. 256. 



Certain county 
ofEcers, terms 
of office, etc. 



Election of 
county com- 
missioner in 
Berkshire 
county. 



adding at the end thereof the following: — If a person 
elected to any of the above offices fails to qualify, by reason 
of death, on or before the said date, the office shall be filled 
in the manner hereinbefore provided for filling a vacancy in 
the office, — so as to read as follows : — Section 391 . District 
attorneys, county commissioners, associate commissioners 
and county treasurers shall hold their several offices for 
terms of three years, and sheriffs, registers of deeds, clerks 
of the courts and registers of probate and insolvency for 
terms of five years, beginning with the first Wednesday of 
January in the year succeeding their respective elections and 
until their successors are chosen and qualified. If a person 
elected to any of the above offices fails to qualify, by reason 
of death, on or before the said date, the office shall be filled 
in the manner hereinbefore provided for filling a vacancy 
in the office. 

Section 2. There shall be elected in the county of 
Berkshire at the next state election, in addition to the 
county commissioner regularly elected for the term of three 
years, an additional county commissioner who shall be 
elected for the term of two years and who shall take office 
on the first Wednesday of January next succeeding the date 
of his election. Upon his election and qualification the term 
of office of the present county commissioner, elected in the 
year nineteen hundred and thirteen, shall thereupon cease 
and determine. Approved May 14, 1917. 



" Grade A, 

Massachusetts 
Milk," es- 
tablished. 



Chap.25Q An Act relative to the classification and grading 

OF milk. 

Be it enacted, etc., as follows: 

Section 1. A grade of milk to be known as "Grade A, 
Massachusetts Milk", is hereby established. The said grade 
shall consist exclusively of milk produced within this com- 
monwealth from healthy cows under cleanly and sanitary 
conditions, and shall be so cooled and cared for that in its 
raw state the bacteria count shall not average more than 
one hundred thousand per cubic centimeter, upon exami- 
nation of five samples taken consecutively, each from a 
different lot of milk, on five separate days. 

Section 2. "Grade A, Massachusetts Milk" shall, when 
sold, kept or offered for sale or exchange, be designated and 
marked with a label, cap or tag, in plain, legible, bold- 
faced type, in the words following: "Grade A, Massachu- 



How to be 

labelled. 



General Acts, 1917. — Chap. 256. 241 

setts Milk". The percentage of milk fat may also be stated 
upon said label, cap or tag, but in no case shall the amount 
of fat be less than the Massachusetts legal standard. 
Section 3. The board of health of anv city or town, Boards of 

... p ft " . ^ . health to 

upon application oi any person, nrm, association or cor- testmiik. 
poration, desiring to sell or exchange milk therein as "Grade 
A, Massachusetts Milk", shall cause the milk produced or 
to be sold or exchanged by such applicant to be tested for 
classification as prescribed by section two of this act, and 
if upon such examination and test the milk so produced or 
to be sold or exchanged by the applicant is found to comply 
with the aforesaid requirements of classification of "Grade 
A, Massachusetts Milk", the board of health shall issue P^(5^U/^^, 
without charge to the applicant a written permit to keep 
for sale, exchange or delivery, or to sell, exchange or deliver 
in such city or town, milk graded, classified, designated and 
labelled, as hereinbefore provided, as "Grade A, Massa- 
chusetts IVIilk." Any permit so issued may, at any time. Revocation 
be revoked upon written notice to the holder thereof, by 
the board of health issuing the same, if milk offered by the 
holder for sale or exchange aS so graded or classified shall 
not comply with the aforesaid requirements. 

Section 4. If any grade or classification of milk other Permits, etc , 
than "Grade A, Massachusetts Milk" is estabUshed permits oTmiik'^''' "'^ 
for the sale of such milk shall be granted and may be re- 
voked in accordance with the provisions of this act in respect 
to "Grade A, Massachusetts Milk", but such permits 
shall not be granted until the milk to be sold thereunder has 
been tested in such manner as the board of health, to whom 
application for the permit is made, shall determine. Milk 
sold or kept or offered for sale or exchange under such a 
permit shall be marked with a label, cap or tag in plain, 
legible, bold-faced type, expressing the name of the grade 
as it is determined b}' the board granting the permit. 

Section 5. Whoever, himself or by his agent, or as the Principal or 
servant or agent of another, sells, exposes for sale or has in without permit. 
his custody or possession with intent to sell milk purporting 
to be of a grade established hereunder without having a 
permit so to do shall be subject to the penalty hereinafter 
provided. 

Section 6. Whoever, himself or by his agent, or as the Penalty, 
servant or agent of another, sells, exposes for sale, or has in 
his custody or possession with intent to sell, milk labelled 
as to its fat content which upon analyses of three samples 



242 General Acts, 1917. — Chaps. 257, 258. 

Same subject, taken consecutively, each from a different lot of milk, on 
three separate days, is found to contain less milk fat than 
that stated upon the label, cap or tag, and whoever sells, 
exposes for sale or exchange, or delivers, milk not wholly 
produced in Massachusetts in containers bearing upon a 
label, cap, tag, or otherwise, the words "Grade A, Massa- 
chusetts Milk", or other words indicating that such milk 
was produced in Massachusetts; and whoever in any manner 
represents that milk not wholly produced in Massachusetts 
was wholly produced in Massachusetts, or is of a grade 
designated as "Grade A, Massachusetts Milk", shall, for a 
first offence, be punished by a fine of not more than fifty 
dollars; for a second offence by a fine of not less than fifty 
nor more than one hundred dollars, and for a subsequent 
offence by a fine of not less than one hundred nor more than 
two hundred dollars. Approved May I4, 1917. 



Chap. 257 An Act to exempt from tax.\tion savings deposits 

WHEN IN^^ESTED IN BONDS OR CERTIFICATES OF INDEBTED- 
NESS OF THE UNITED STATES. 

Be it enacted, etc., as follows: 
Savings Section 1. Deposits in savings banks, including such 

deposits when , '^ 1 1 i • • • i» • i 

invested in savmgs bauks as are called mstitutions tor savmgs, deposits 

United states .,,*' . , ^ ^ e ^ ^ -ii 

bonds, etc., to ui the savmgs departments 01 trust companies, and also 

tMatf^!'*^ ^"^""^ deposits in the Massachusetts Hospital Life Insurance 

Company, shall be exempt from taxation when invested in 

bonds or certificates of indebtedness of the United States of 

America. 

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

Approved May 16, 1017. 



Chav 258 ^^^ ^^^ '^'^ authorize the establishment of county 

industrial farms. 

Be it enacted, etc., as follows: 

Counties may SECTION 1. The couuty commissioncrs of any county 
duS/farms. may, subject to the approval of the director of prisons, 
purchase, take by right of eminent domain, or lease, in 
behalf of the county, a tract of land not exceeding five 
hundred acres in area for use as a county industrial farm, 
and may reclaim, cultivate and improve the same. The 
work of reclaiming, cultivating and improving the said 



General Acts, 1917. — Chap. 258. 243 

land, shall so far as is practicable, be done by prisoners 
transferred thereto as hereinafter provided. If the land is Description of 

, , • 1 , !• • .1 • • I • • in certain land to 

taken by right or emnient domani, said commissioners snail be recorded, etc. 
file in the registry of deeds of the district in which the land 
is situated a plan and description thereof sufficiently specific 
for identification, whereupon the title thereto shall vest in 
the county in fee: provided, that no land, right or interest Proviso, 
therein, which has been registered under the provisions of 
chapter one hundred and twenty-eight of the Revised Laws, 
shall be deemed to have been taken until a description 
thereof has been filed in accordance with the provisions 
of section eighty-nine of said chapter. If said commis- 
sioners cannot agree W\t\\ the owner of land thus taken as 
to his compensation, he shall have the remedy now provided 
in the case of land taken for highways. At any time after 
said land has been reclaimed, cultivated and improved, 
the same may be sold if the county commissioners determine 
that it is for the best interest of the county. 

Section 2. Said commissioners may erect on said land buUdmS'^ 
such temporary buildings of inexpensive construction as may be erected, 
they shall consider necessary for the proper housing of 
prisoners, and for other purposes, in no case, however, costing 
over three thousand dollars. If the land which has been 
reclaimed, cultivated and improved, as aforesaid, shall be 
sold, the proceeds of the sale shall be placed in the treas- 
ury of the county and shall be used, so far as is possible, 
for the payment of loans made as hereinafter provided. 
Any surplus thereof shall be used for general county pur- 
poses. No building used for housing the prisoners shall be ^,PP^g*^°^ 
constructed until the director of prisons has approved the 
plans therefor. The commissioners may appoint, and at 
any time remove, a superintendent for said farm and such 
assistants as, in their opinion, are needed for its proper 
management. 

Section 3. On the request of said commissioners, the Prison labor 
sheriff of the county shall remove to said farm such prisoners, 
held on sentence in the jail or house of correction of the 
county, as, in his opinion, can advantageously be employed 
thereon in carrying out the purposes and provisions of this 
act and when so removed they shall be so employed, but 
shall be at all times in the custody of the sheriff and his 
officers. On the order of said commissioners, the sheriff 
shall return any prisoner to the jail or house of correction 
from which he was taken. 



244 



General Acts, 1917. — Chap. 259. 



County of 
Industrial 
Farm Loan, 
Act of 1917. 



County com- 
missioner3 to 
provide for 
payment of 
loan, etc. 



Section 4. To meet the expenses incurred under the 
provisions of this act, the county commissioners are hereby 
authorized to borrow from time to time, upon the credit of 
the county, such sums as may be needed, and to issue bonds 
or notes therefor, which shall bear on their face the words, 
County of , Industrial Farm Loan, Act 

of 1917, and shall be payable by such annual payments, 
beginning not more than one year after the dates thereof, 
as will extinguish each loan within years 

from its date. The amount of such annual payment of any 
loan in any j'ear shall not be less than the amount of the 
principal of the loan payable in any subsequent year. Each 
issue of bonds or notes shall constitute a separate loan. 
The said bonds or notes shall bear interest at a rate not ex- 
ceeding four and one half 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 com- 
missioners. 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 not for 
less than their par value, and the proceeds shall be used 
only for the purposes above specified. 

Section 5. The county commissioners, at the time of 
authorizing each loan, shall provide for the pajinent thereof 
in accordance with the provisions of section four, and a 
sum sufficient to pay the interest as it accrues and to make 
such payments on the principal as may be required under 
said provisions, shall be levied annually thereafter, as a part 
of the county tax of the county in the same manner as 
other county taxes, until the debt incurred by said loan or 
loans is extinguished. Approved May 16, 1917. 



Pasteurized 
milk, term 
defined. 



Chap. 259 An Act defining pasteurized aulk and regulating 

THE sale thereof. 

Be it enacted, etc., as follows: 

Section 1. Pasteurized milk is hereby defined to be 
natural cow's milk not more than seventy-two hours old 
when pasteurized, subjected for a period of not less than 
thirty minutes, to a temperature of not less than one hun- 
dred and forty degrees nor more than one hundred and 
forty-five degrees Fahrenheit, and immediately thereafter 
cooled therefrom to a temperature of fifty degrees Fahrenheit 
or lower. 



General Acts, 1917. — Chap. 260. 245 

Section 2. It shall be unlawful to sell, exchange or saie of other 
deliver, or to advertise, represent, or describe, or to offer pasteurized, 
or expose for sale or to have in possession with intent to p™ ' ' 
sell, as pasteurized milk, milk not pasteurized in conformity 
with the provisions of this act. 

Section 3. Any violation of this act shall be punished Penalty. 
by a fine of not less than ten dollars for a first offence, and 
of not more than one hundred dollars for any subsequent 
offence. 

Section 4. This act shall take effect on the first day of J^f^°^ *'*'''"^ 
January in the year nineteen hundred and eighteen. 

Approved May 16, 1917. 



An Act relative to the preference of citizens for Chap. 2Q0 

EMPLOYMENT IN THE CONSTRUCTION OF PUBLIC WORKS. 

Be it enacted, etc., as follmvs: 

Section twenty-one of chapter five hundred and fourteen i909, sh, § 21, 
of the acts of the year nineteen hundred and nine, as amended "^"^ 
by section one of chapter four hundred and seventy-four of 
the acts of the year nineteen hundred and fourteen, is hereby 
further amended by inserting after the word "mechanics", 
in the second line, the word : — teamsters, — and by in- 
serting after the word "mechanics", in the ninth line, the 
words : — and teamsters, — so as to read as follows : — 
Section 21 . In the employment of mechanics, teamsters and be^^fven^® ^ 
laborers in the construction of public works bv the com- citizens of 

, , , . ^ , "- commonwealth 

monwealth, or by a county, city or tow'n, or by persons con- in construction 
tracting therewith, preference shall be given to citizens of works. ^^ 
the commonwealth, and, if they cannot be obtained in 
sufficient numbers, then to citizens of the United States; 
and every contract for such works shall contain a provision 
to this effect. The wages for a day's work paid to me- 
chanics and teamsters employed in such construction of 
public works shall be not less than the customary and pre- 
vailing rate of wages for a day's work in the same trade or 
occupation in the locality, city or town where such public 
works are constructed. Any contractor who knowingly and Penalty. 
wilfully violates the provisions of this section shall be pun- 
ished by a fine of not more than one hundred dollars for 
each offence. Approved May 16, 1917. 



246 



General Acts, 1917. — Chaps. 261, 262, 263. 



Chap. 261 An Act to establish the salary of john w. locke as 

DEPUTY tax commissioner. 

Be it enacted, etc., as follows: 

Section 1. The salary of John W. Locke, deputy tax 
commissioner, shall be four thousand dollars a year. 

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

{The foregoing was laid before the governor on the tenth 
day of May, 1917, and after five days it had "the force of a 
law", a^ prescribed by the constitution, as it ims not returned 
by him with his objections thereto within that time.) 



Salary of John 
W. Locke, 
deputy tax 
commissioner, 
established. 



Chap.262 An Act to establish the salaries of the justices of 

THE MUNICIPAL COURT OF THE CITY OF BOSTON. 



Salaries of 

justices of the 

Boston 

municipal 

court 

established. 

To be sub- 
mitted to 
city council, 
etc. 



Be it enacted, etc., as follows: 

Section 1. The salary of the chief justice of the mu- 
nicipal court of the city of Boston shall be six thousand 
five hundred dollars a year, and the salary of each of the 
associate justices shall be six thousand dollars a year. 

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. 

{The foregoing ivas laid before the governor on the tenth 
day of May, 1917, and after five days it had "the force of a 
law", as prescribed by the constitution, as it was not returned 
by him with his objections thereto within that time.) 



Chap.2QS An Act to provide for investigation and suppression 

OF THE WHITE PINE BLISTER RUST. 

Be it enacted, etc., as follows: 

state nursery SECTION 1. The statc uuTscry iuspcctor, acting under 

investigate and thc dircctlou of the statc board of agriculture, is hereby 

pmrbiister ^^^ authorizcd to expend a sum not exceeding fifty thousand 

'^''^*' dollars for the investigation and suppression of the white 

pine blister rust, and any unexpended balance of this sum 

remaining at the end of the fiscal year nineteen hundred 

and seventeen may be expended in the fiscal year nineteen 

hundred and eighteen. 

amLd^.^*"' Section 2. Chapter five hundred and seven of the acts 

of the year nineteen hundred and twelve, as amended by 



General Acts, 1917. — Chap. 264. 247 

section two of chapter one hundred and sixty-one of the 
General Acts of the year nineteen hundred and fifteen and 
by section five of chapter ninety-one of the General Acts 
of the year nineteen hundred and sixteen, is hereby further 
amended by adding at the end thereof the following new 
sections to be numbered nineteen and twenty: — Section 19. MaydMtroy 

> iniectea trees. 

In case the nursery mspector, either personally or through 
his deputies, shall find plants known as ribes or five-leaved 
pines infected with the disease known as the white pine 
blister rust, or shall find ribes or pines so situated that in 
his opinion they are likely to become infected with this 
disease, he may, either personally or through his deputies, 
forthwith destroy or cause to be destroyed such ribes or 
five-leaved pines. Section 20. In carrying out his duties Ccnoperation 
hereunder relative to the control of the white pine blister 
rust, the state nursery inspector shall, so far as practicable, 
co-operate with the state forester and with the local tree 
wardens, moth superintendents, city foresters and forest 
wardens. 
Section 3. This act shall take effect upon its passage. 

Approved May 17, 1917. 

An Act to authorize cities and towns to make QJid^r) 264 

CERTAIN emergency APPROPRIATIONS IN TIME OF WAR. 

Be it enacted, etc., as follows: 

Section 1. Cities and towns are hereby authorized, cities and 

, . , . » , . . (• 1 towns may 

durmg the contmuance or the existing state or war between make certain 
the United States and any foreign country, to appropriate appropriations 
such sums of money as they may deem necessary to con- '" ^^^^ °^ '^^^' 
serve health and to protect persons and property; to es- 
tablish, maintain, and equip training fields; to purchase 
military equipment and supplies; and for the purpose of 
conserving the food supply, to do such things as they may 
deem necessary to assist in the raising and distribution of 
food products. The expenditure of all money appropriated 
under authority of this act shall, in cities, be under the 
direction of the mayor and city council or comrhission, and 
in towns, of the selectmen, or of committees appointed by 
the mayor with the approval of the council or commission 
in cities, and by the selectmen in towns. A report in detail 
of all such expenditures shall be made and included in the 
annual report of the proper financial officers of the city or 
town. 



248 



General Acts, 1917. — Chap. 265. 



• May issue 
bonds. 



Owner of 
private land 
to pay cost of 
ploughing, etc. 



Act to have 
force during 
the war. 



Section 2. For the purpose of meeting expenditures 
herein authorized, a city or town may raise such sums as 
may be necessary by taxation or may incur debt and issue 
bonds or notes therefor for a period not exceeding five years. 
All debts incurred under authority of this act shall be pay- 
able in accordance with the provisions of section fourteen of 
chapter seven hundred and nineteen of the acts of the year 
nineteen hundred and thirteen, and amendments thereof. 

Section 3. If a city or town, acting under the authority 
herein granted, shall plough or harrow or furnish other aid 
in the cultivation of private land situated in such city or 
town upon application of the owner of such land and for 
his benefit, the cost of such work shall be paid by the owner 
and bills shall be rendered to the owner therefor, and if 
not paid on or before the first day of April of any year, the 
amount so due and impaid may be assessed on the land 
upon which the work was done, and shall be a lien on the 
said land enforceable in the same manner and with the 
same effect as is provided in the case of assessments for the 
suppression of the gypsy and brown tail moth. 

Section 4. This act shall take effect upon its passage, 
and shall, except as herein otherwise expressly provided, 
cease to operate on the termination of the said state of 
war. Approved May 17, 1917. 



R. L. 206, § 5, 
etc., amended. 



Chap. 265 An Act relative to the penalty for misuse of the flag 

OF THE UNITED STATES AND OF THE COjVIMONWEALTH. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and six of the Re- 
vised Laws, as amended by chapter four hundred and sixty- 
four and section one of chapter six hundred and four of the 
acts of the year nineteen hundred and thirteen, and by 
chapter five hundred and seventy of the acts of the year nine- 
teen hundred and fourteen, is hereby further amended by 
inserting after the word "dollars", in the fourteenth line, the 
words : — , or by imprisonment for not more than one year, 
or by both such fine and imprisonment, — so as to read as 
follows: — Section 5. Whoever publicly mutilates, tramples 
upon, defaces or treats contemptuously the flag of the 
United States or of Massachusetts, whether such flag is 
public or private property, or whoever displays such flag or 
any representation thereof upon which are words, figures. 



Penalty for 
misuse of the 
flag of the 
United States 
or of Massa- 
chusetts. 



General Acts, 1917. — Chap. 266. 249 

advertisements or designs, or who shall in this common- 
wealth expose to public view, manufacture, sell, expose for 
sale, give away or have in possession for sale or to give 
away or for use for any purpose, any article or substance, 
being an article of merchandise or a receptacle of merchan- 
dise or articles upon which shall be attached through a 
wrapping or otherwise, engraved or printed in any manner, 
a representation of the United States flag, shall be punished 
by a fine of not less than ten nor more than one hundred 
dollars, or by imprisonment for not more than one year, or 
by both such fine and imprisonment; but a flag which be- Exceptions. 
longs to a grand army post, to a camp of the legion of Spanish 
war veterans or which is the property of or is used in the 
service of the United States or of this commonwealth may 
have the names of battles and the name and number of the 
organization to which such flag belongs inscribed thereon. 
Words, figures, advertisements or designs attached to, or 
directly or indirectly connected with, the flag or any repre- 
sentation thereof in such manner that the flag or its repre- 
sentation is used to attract attention to or advertise such 
words, figures, advertisements or designs, shall for the pur- 
poses of this act be deemed to be upon the flag. Trial jus- Trial justices 
tices shall have jurisdiction of violations of the provisions of dictof.^""''" 
this section. Approved May 18, 1917, 



Chap.2Q6 



An Act to make the board of parole of the Massa- 
chusetts BUREAU OF PRISONS AN ADVISORY BOARD OF 
PARDONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and forty-one of the loie, 241(G). 
General Acts of the year nineteen hundred and sixteen is ^ "' '*""'°''®'^- 
hereby amended by inserting after section five a new sec- 
tion, to be numbered five A, as follows: — Section 5 A. Board of 
The board of parole shall be the advisory board of pardons. Massachusetts 
It shall be the duty of said board to consider carefully and pH^smade 
thoroughly the merits of all applications for pardon or wd^or*^^ 
commutation of sentence referred to it by the governor, p'*"^<^o°s- 
and it shall make to him, in writing, without publicity, a 
report containing its conclusions and recommendations. 
No such report shall be made without the concurrence of a 
majority of its members. Before considering any applica- 
tion for pardon or commutation of sentence, if the con- 



250 



General Acts, 1917. — Chap. 267 



Rules, 
witnesses, etc. 



Repeal. 



viction of the prisoner was had in the superior court, the 
advisory board of pardons shall notify the district attorney, 
who shall report the facts of the case as they appeared at 
the trial, or if the conviction was upon a plea of guilty, the 
facts as he understands them, the names of all witnesses in 
the case, and his recommendation. If the petitioner is 
serving a sentence in the state prison for murder or for a 
felony, the attorney-general shall also be notified. If the 
conviction was in a municipal, police or district court the 
justice thereof shall make to said board a similar report and 
recommendation. The attorney-general, district attorney or 
justice, as the case may be, shall be notified of the hearing 
upon the application for pardon, and they or their repre- 
sentatives may be present at the hearing, may examine the 
petitioner's witnesses, and may be heard. The said board 
shall not review the proceedings of the trial court, and shall 
not consider any questions regarding the correctness, regu- 
larity or legality of such proceedings, but shall confine itself 
solel}^ to matters which properly bear upon the propriety of 
the extension of clemency to the applicant. Said board, 
from time to time, may make rules relative to the calling of 
meetings and to the proceedings thereat. The board, or 
any member of it may summon witnesses, and administer 
oaths or affirmations. The fees of witnesses before the board 
shall be the same as for witnesses before the superior court, 
and shall be paid from that appropriation from which the 
expenses of the board of parole may from time to time be 
paid. 

Section 2. Section six of chapter eight hundred and 
twenty-nine of the acts of the year nineteen hundred and 
thirteen is hereby repealed. 

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

Approved May 21, 1917. 



Chap. 267 An Act to prohibit the soliciting of certain legal 

BUSINESS BY PERSONS NOT ATTORNEYS AT LAW. 

Be it enacted, etc., as follows: 

It shall be unlawful for any person, not being an attorney 
at law, to solicit for himself or another from a person accused 
of crime or his representative, the right to defend the ac- 
cused person. Violation of the provisions of this act shall 
be punished by a fine of not more than one hundred dol- 



Soliciting of 
certain legal 
business by 
persons not 
attorneys at 
law pro- 
hibited. 



General Acts, 1917. — Chaps. 268, 269. 251 

lars, or by imprisonment for not more than six months, for 
a first offence, and by a fine of not more than five hundred 
dollars, or by imprisonment for not more than one year, for 
any subsequent offence. Approved May 21, 1917. 



Chap.26S 



An Act to provide for certain deductions in de- 
termining THE VALijE OF A CORPORATE FRANCHISE FOR 
PURPOSES OF TAXATION. 

Be it enacted, etc., as follows: 

Section 1. In determining the value of the corporate certain 
franchise of domestic business corporations for purposes of be^'made'in *** 
taxation, cash on hand or in bank and accounts receivable the^v^ilTJ of a 
shall, for the purpose of deductions under clause Third of ^jJ^p^^?*! f^^ 
section forty-one of Part III, of chapter four hundred and purposes of 
ninety of the acts of the year nineteen hundred and nine, as 
amended by section six of chapter one hundred and ninety- 
eight of the acts of the year nineteen hundred and fourteen, 
be regarded as "property situated in another state or coun- 
try" if the corporation has a usual place of business in such 
other state or country and if such property is subject to 
taxation therein. 

Section 2. This act shall take effect as of April first, Time of taking 

. effect 

nineteen hundred and seventeen, and shall be operative for 
one year only from that date. Approved May 21, 1917. 



An Act relative to payment of the expense of burial Char>.2Q^ 
under the workmen's compensation act. 

Be it enacted, etc., as follows: 

Part II of chapter seven hundred and fifty-one of the acts i9ii, 751 ai), 
of the year nineteen hundred and eleven is hereby amended ' ^™^° 
by striking out section eight and inserting in place thereof 
the following: — Section 8. In all cases the association shall ^^^^ay*^^'"" 
pay the reasonable expense of burial which shall not exceed reasonable 

1 111 11 TPi 1 1 expense under 

one hundred dollars, li the employee leaves dependents, workmen's 
such sum shall be a part of the compensation payable, and act. 
shall to that extent diminish the period of payment. 

Approved May 21, 1917. 



252 



General Acts, 1917. — Chaps. 270, 271. 



Chap. 270 An Act to exempt from taxation certain annuities 

PAID ON ACCOUNT OF SERVICE IN A POLICE OR FIRE DE- 
PARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Income from an annuity paid by a city or 
town on account of service in a police or fire department 
shall be exempt from taxation. 

Section 2. This act shall take effect as of the first day 
Time of taking gf April in the vear nineteen hundred and seventeen. 

effect. '■ • ^ t -. r 

Approved May 21, 1917. 



Certain 
annuities paid 
for service in 
police or fire 
department 
exempt from 
taxation. 



1908, 417, § 1, 
amended. 



Chap.271 An Act authorizing and directing the commissioners 
on fisheries and game and their deputies to en- 
force the laws relating to dogs. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
seventeen of the acts of the year nineteen hundred and eight 
is hereby amended by striking out the word "salaried", in 
the second and sixth lines, by striking out the word "and", 
in the fourth line, and by inserting after the word "mam- 
mals", in the same line, the words: — and dogs, — so as to 
read as follows : — Section 1 . The commissioners on fisheries 
and game and their deputies shall have and exercise through- 
out the commonwealth for the enforcement of the laws re- 
lating to fish, birds, mammals and dogs, all the powers of 
constables, except the service of civil process, and of police- 
men and watchmen. The said deputies when on duty shall 
wear, and shall display as a token of authority, a metallic 
badge bearing the seal of the commonwealth and the words 
"Deputy Fish and Game Commissioner." 

Section 2. Every license granted for the keeping of 
dogs under the provisions of chapter one hundred and two 
of the Revised Laws, and amendments thereof, shall be 
subject to the condition that the dog which is the subject of 
the license shall be controlled and restrained from killing, 
chasing or harassing sheep, lambs, fowls or other domestic 
animals, and said condition shall be expressed in the license. . 

Approved May 21, 1917. 



Commissioners 
on fisheries 
and game and 
deputies to 
enforce the 
laws relating 
to dogs, etc. 



Condition to 
be expressed 
in dog license. 



General Acts, 1917. — Chaps. 272, 273, 274. 253 



An Act to establish the wages of the scrubwomen Chap. 272 

EMPLOYED IN THE SUFFOLK COUNTY COURTHOUSE. 

Be it enacted, etc., as follows: 

Section 1. The scrubwomen employed by the county Wages of 
of Suffolk in the courthouse of the said county shall here- employed in 

e, • 11 i? X J 11 the Suffolk 

alter receive a weekly wage or ten doliars. county couit- 

Section 2. This act shall take effect upon its acceptance Hghll.''^**^' 
by the city council of the city of Boston with the approval Xobesub- 
of the mayor. Approved May 21, 1917. council, etc. 

[Accepted May 29, 1017.] 

An Act to establish the minimum salary of the Chap. 27 3 
assistant clerks of the superior court for civil 
business in the county of suffolk. 

Be it enacted, etc., as follows: 

Section 1. The minimum salary of the assistant clerks Minimum 
of the superior court for civil business in the county of assistant 
Suffolk shall be twenty-eight hundred dollars a year. superior court 

Section 2. So much of section thirty-five of chapter one ^^^^^eL in 
hundred and sixty-five of the Revised Laws and acts in ^"t^bifshed."*^ 
amendment thereof as is inconsistent herewith shall not certain 
apply to the provisions of this act. t'o^appiy"'^ "° 

Section 3. This act shall take effect upon its acceptance to be accepted 
by the city council of the city of Boston, with the approval ^uncu, etc. 
of the mayor. Approved May 21, 1917. 

[Accepted June 12, 1917.] 

An Act to establish the district court of natick. Chap. 27 4: 
Be it enacted, etc., as follows: 

Section 1. The town of Natick shall constitute a ju- District court 
dicial district under the jurisdiction of a court to be called established. 
the District Court of Natick. All the provisions of law 
applicable to police courts shall apply to said court. 

Section 2. There shall be one justice and two special officials. 
justices and a clerk of the court. 

Section 3. Sittings of the said court shall be held at sittings. 
Natick daily, except on Sundays and legal holidays. Sit- 
tings of the court for civil business shall be held at Natick, 
as required by law, or by rule of court. 

Section 4. The first session of said court shall be held First session, 
on the first day of October in the year nineteen hundred and 
seventeen. 



254 



General Acts, 1917. — Chap. 275. 



Time of taking 
effect. 



Pending suits 
not to be 
affected. 



Section 5. So much of this act as relates to the ap- 
pointing and quahfying of the justices of the court and the 
clerk of the court shall take effect upon its passage, and the 
remainder shall take effect on the first day of October in the 
year nineteen hundred and seventeen. 

Section 6. Nothing in this act shall affect any suit or 
proceeding, civil or criminal, pending before any trial justice 
or court at the time when this act takes effect, and such 
trial justice or court may continue to exercise jurisdiction 
thereof. A'pproved May 21, 1917. 



Chap. 27 5 An Act relative to the sale and distribution of 

CERTAIN narcotic DRUGS. 



Be it enacted, etc., as foUows: 



Sale and 
distribution 
of certain 
narcotic drugs 
regulated. 



Section 1. Except as otherwise provided in sections two 
and three hereof it shall be unlawful for any person, firm or 
corporation to sell, furnish, give away or deliver coca leaves 
or any cocaine or any alpha or beta eucaine or any synthetic 
substitute therefor, or any salts, compound or derivative 
thereof, except decocainized coca leaves and preparations 
thereof, or any opium, morphine, heroin, codeine or any 
preparation thereof, or any salt, compound or derivative of 
the same, except upon the written order of a manufacturer 
or jobber in drugs, v.holesale druggist, registered pharmacist 
actively engaged in business as such, physician, dentist, 
veterinarian, registered under the laws of the state in which 
he resides, or an incorporated hospital, college or scientific 
institution through its superintendent or official in im- 
mediate charge, or upon the written prescription of a phy- 
sician, dentist or veterinarian, registered under the laws of 
the state in which he resides, bearing his legal signature, the 
date of the signature, his office address, the registry number 
given him under public act two hundred and twenty-three 
of the sixty-third congress, appro^-ed December seven- 
teenth, nineteen hundred and fourteen, and the name, age 
Prescription to and addrcss of the patient for whom it is prescribed. The 
fiie7oftwo °" prescription, when filled, shall show the date of filling and 
y^^^- the legal signature of the person filling it written across the 

face of the prescription, together with the legal signature of 
the person receiving any such drug and the prescription 
shall be retained on file by the druggist filling it for a period 
of at least two years. No prescription shall be filled except 
in the manner indicated therein, and at the time when it is 



General Acts, 1917. — Chap. 275. 255 

received, and the full quantity of each substance prescribed 
shall be given. No order or prescription shall be received 
for filling or filled more than fi^'e days after its date of issue 
as indicated thereon. Any pharmacist who fills a pre- 
scription for a narcotic drug shall securely attach to the con- 
tainer thereof a label giving the name and address of the 
store in which the prescription is filled, the date of filling, 
the name of the person for whom it is prescribed, the name 
of the physician, dentist, or veterinarian who issued it; and 
the narcotic drug so delivered shall always be kept in its 
container until actuallv used. The prescription shall not No prescription 

r-ii 1 i"i PI 11 *^° "® refilled, 

again be filled, nor shall a copy or the same be made, except etc. 
for the purpose of record b}' the druggist filling the same, 
and it shall at all times be open to inspection by the officers 
of the state department of health, the board of registration 
in pharmacy, the board of registration in medicine and the 
authorized agents of said departments and boards, and by 
the police authorities and police officers of cities and towns: 
yrovided, however, that the provisions of this act shall not Provisos. 
apply to prescriptions, nor to the sale, distribution, giving 
away or dispensing or possession, of preparations or reme- 
dies, if such prescriptions, preparations and remedies do not 
contain more than two grains of opium or more than one 
quarter of a grain of morphine, or more than one eighth of 
a grain of heroin or more than one grain of codeine, or any 
salt, compound or derivative of any of them in one fluid 
ounce, or, if a solid or semi-solid preparation, in the avoir- 
dupois ounce; nor to liniments, ointments or other prepara- 
tions which are prepared for external use only, except lini- 
ments, ointments and other preparations which contain 
cocaine or any of its salts or alpha or beta eucaine or any of 
their salts or derivatives, or any synthetic substitute for 
them; provided, that such preparations, remedies or pre- 
scriptions are sold, distributed, given away or dispensed or 
held in possession in good faith as medicines and not for the 
purpose of evading the provisions of this act, and jyrovided, 
further, that the possession of any of the drugs mentioned in 
this act, except prescriptions and preparations or remedies 
especially exempted in this section, by any one not being a 
manufacturer or jobber of drugs, or wholesale druggist, 
registered pharmacist, actively engaged in business as such, 
or a physician, dentist or veterinarian, registered under the 
laws of the state in which he resides, or superintendent or 
official in charge of an incorporated hospital, college or 



256 



General Acts, 1917. — Chap. 275. 



Not to apply to 
certain persons. 



Practitioner to 
prescribe only 
for treatment 
and cure of a 
disease or 
ailment. 



Physician 
personally may 
administer 
drug, etc. 



Sales to certain 
persons and 
institutions 
allowed. 



scientific institution shall, except as provided in section 
eight, be presumptive evidence of an intent to violate the 
provisions of this act. The provisions of this section shall 
not apply to persons having in their possession any of the 
above mentioned articles by virtue of a legal prescription 
legally issued as provided in this act, and not obtained by 
any false representation made to the physician, dentist or 
veterinarian issuing it, or to the pharmacist who filled it, 
nor shall the provisions of this act apply to decocainized 
coca leaves or preparations made therefrom or to other 
preparations of coca leaves which do not contain cocaine. 

Section 2. It shall be unlawful for any practitioner of 
veterinary medicine or surgery to prescribe any of the 
drugs mentioned in section one of this act for the use of, 
or in such manner that it may be used subcutaneously by, 
a human being, and it shall be unlawful for any physician 
or dentist to prescribe, dispense, administer, sell, give away, 
or deliver, any narcotic drug to any person except when the 
drug is obviously and in good faith then and there needed 
for the treatment and cure of a disease or ailment, and not 
for any condition or disease directly due to any drug habit 
or resulting solely from the failure of an habitual user of 
narcotic drugs to procure the particular narcotic drug or 
drugs to which he is addicted. 

Section 3. It shall not be unlawful for a physician 
personally to administer any narcotic drug at such time and 
under such circumstances as he, in good faith and in the 
legitimate practice of medicine, believes to be necessary for 
the alleviation of pain and suffering or for the treatment or 
alleviation of disease. 

Section 4. Any manufacturer or jobber of drugs, any 
wholesale druggist, any registered pharmacist actively en- 
gaged in business as such, and any physician, dentist or 
veterinarian registered under the laws of the state in which 
he resides may sell coca leaves, cocaine or any alpha or 
beta eucaine or any synthetic substitute for them or any 
preparation containing the same, or any salts, compound or 
derivative thereof, or any opium, morphine, codeine, heroin 
or any preparation thereof, or any salt or compound or 
derivative of such substances, to any manufacturer or 
jobber in drugs, wholesale druggist, registered pharmacist 
actively engaged in business as such, or physician, dentist 
or veterinarian registered under the laws of the state in 
which he resides, or to any incorporated hospital, college or 



General Acts, 1917. — Chap. 275. 257 

scientific institution, but such substances or preparations, 
excepting such preparations as are included within the ex- 
emptions set forth in section one, shall be sold only upon the 
written order of an incorporated hospital, college or scientific 
institution, duly signed by its superintendent or official in 
immediate charge, or upon a written order duly signed by 
such manufacturer or jobber in drugs, wholesale druggist, 
registered pharmacist actively engaged in business as such, 
or physician, dentist or veterinarian registered under the 
laws of the state in which he resides, and the order shall 
state the article or articles ordered, the quantity ordered and 
the date. The said orders shall be kept on file in the labora- Orders to be 
tory, warehouse, pharmacy or store in which they are filled less than two 
by the proprietor thereof or his successors for a period of ^®^^' 
not less than two years after the date of delivery, and shall 
be at all times open to inspection by the state department 
of health, the board of registration in pharmacy, the board 
of registration in medicine and the authorized agents of said 
department and boards, and by the police authorities and 
police officers of cities and towns. 

Section 5. Any manufacturer or jobber in drugs and ^ders^to^be 
any wholesale druggist, any registered pharmacist actively f^o®yeMg/°tc. 
engaged in business as such, any physician, dentist or veteri- 
narian registered under the laws of the state in which he 
resides, and any incorporated hospital, college or scientific 
institution through its superintendent or official in immedi- 
ate charge that shall give an order for any of the aforesaid 
drugs in accordance herewith shall preserve a duplicate 
thereof for a period of two years after the date of giving the 
same, which shall at all times be open to inspection by the 
state department of health, members of the board of regis- 
tration in pharmacy, the board of registration in medicine 
and the authorized agents of said department and boards, 
and by the police authorities and police officers of cities and 
towns. The order now or hereafter required by the regula- 
tions of the commissioner of internal revenue under and by 
virtue of said public act number two hundred and twenty- 
three of the sixty-third congress, shall be deemed to be a 
sufficient order to comply with this and the preceding sec- 
tion. 

Section 6. Any person who, for the purpose of evading False repre- 
or assisting in the evasion of any provision of this act shall to"bedeeLed 
falsely represent that he is a physician, dentist or veteri- ^f"**'""^ "^ 
narian, or that he is a manufacturer or jobber in drugs or 



258 



General Acts, 1917. — Chap. 275. 



Same subject, wholcsalc clriiggist or pharmacist actively engaged in busi- 
ness as such, or that he is superintendent or official in im- 
mediate charge of an incorporated hospital, college or scien- 
tific institution, or a person registered under said public act 
two hundred and twenty-three of the sixty-third congress, 
or who, not being an authorized physician, dentist or veteri- 
narian, makes or alters a prescription or wTitten order for 
any of the narcotic drugs above mentioned, or knowingly 
issues or utters a prescription or written order falsely made 
or altered, or whoever makes any false representation or 
statement as to his name, age, address, or any other matter, 
either in writing or orally, to any physician, dentist, pharma- 
cist, or veterinarian for the purpose of procuring a pre- 
scription for, or the delivery of, a narcotic drug, shall be 
deemed guilty of a violation of this act. A prescription or 
order that is altered, or is obtained by a false representation 
shall be void and of no eft'ect. 

Section 7. The possession of a federal certificate issued 
under and by virtue of said public act number two hundred 
and twenty-three of the sixty-third congress, by any person 
shall be prima facie evidence of an intent to sell, furnish, 
give away or deliver any of the drugs mentioned in this act. 

Section 8. Nothing in this act shall apply to common 
r^rtain Carriers engaged in transporting the aforesaid drugs or to 
any employee, acting within the scope of his employment, 
of any person who shall lawfully be in possession, for the 
purpose of delivery, of any of the drugs mentioned in this 
act, or to any person who shall deliver any such drug, which 
has been prescribed or dispensed by a physician, dentist or 
veterinarian registered under the laws of the state in which 
he resides, who has been employed to prescribe for the par- 
ticular patient receiving such drug, or to a nurse under the 
supervision of a physician, dentist or veterinarian having 
possession or control by virtue of his employment or occu- 
pation and not on his own account, or to the possession of 
any of the aforesaid drugs which have been prescribed in 
good faith by a physician, dentist or veterinarian, or to any 
United States, state, county, municipal, district, territorial 
or insular officer or official who has possession of any of said 
drugs by reason of his official duties, or who, as an officer or 
duly appointed agent of any incorporated society for the 
suppression of vice, has the same in his possession for the 
purpose of assisting in the prosecution of violations of this 
act. 



Possession of 
federal certifi- 
cate to be 
evidence, etc. 



Not to apply 
to common 
carriers, 
officials, etc. 



General Acts, 1917. — Chap. 275. 259 

Section 9. The provisions of this act, except those To apply in 
sections which require the ordering of the above mentioned ofher dr^i^s^'" 
drugs on an official order blank and the keeping of the same 
on file, and the keeping of the record relative thereto, shall 
apply to cannabis indica and cannabis sativa, except that the 
same shall not apply to prescriptions, preparations or reme- 
dies which do not contain more than one half grain of extract 
of cannabis indica or more than one half grain of extract of 
cannabis sativa in one fluid ounce, or, if a solid or semi- 
solid preparation in the avoirdupois ounce, nor to liniments, 
ointments or other preparations containing cannabis indica 
and cannabis sativa, which are prepared for external use 
only. 

Section 10. A manufacturer or jobber in drugs or Liability of 
wholesale druggist or registered pharmacist shall not be j^bberfeta^'^' 
liable to prosecution if he fills any prescription or written 
order for a narcotic drug in good faith, unless he knows or 
has reasonable cause to suspect that the prescription or order 
was issued in violation of the provisions of this act, in which 
event any sale or delivery of a narcotic drug so made shall 
constitute an unlawful sale and delivery of a narcotic drug 
under this act. 

Section 11. No physician, dentist, or veterinarian, and dentTs^tsTetc, 
no druggist or pharmacist, either wholesale or retail, shall prohibited from 

T . Y 1 !• 1 • 1 • !• • advertising. 

solicit by public advertisement or otherwise application to 
him for prescriptions for, or sales of, narcotic drugs, or shall 
publicly advertise any treatment the principal element of 
which consists in the administering, dispensing, furnishing, 
giving away or delivering of a narcotic drug, except, how- 
ever, that wholesale druggists or manufacturing pharmacists 
may advertise in journals and publications intended for 
circulation among the medical profession and drug trade 
generally. 

Section 12. All buildings, places or tenements which Buildings, etc., 

i11g23,11v used 

are resorted to by habitual users of narcotic drugs for the to be deemed 
purpose of using such drugs, or which are used for the illegal nuisances. 
keeping or sale of the same, shall be deemed common nui- 
sances. Whoever keeps or maintains such a common Penalty, 
nuisance shall be punished by a fine of not more than one 
hundred dollars, or by imprisonment for not more than one 
year. 

Section 13. Whoever, not being a manufacturer or Penalty for 
jobber of drugs, wholesale druggist, registered pharmacist, possMsLn. 
registered physician, registered veterinarian, registered den- 



260 



General Acts, 1917. — Chap. 275. 



Penalty for 
illegal sale, etc. 



Possession of 
certain in- 
struments 
prohibited. 



Sale of certain 

instruments 

restricted. 



Record of sales 
to be kept, etc. 



tist, nurse acting under the direction of a physician, or an 
employee of an incorporated hospital acting under the 
direction of its superintendent or official in immediate 
charge, or a common carrier or messenger when transporting 
any drug mentioned herein between parties hereinbefore 
mentioned in the same package in which the drug was de- 
livered to him for transportation, is found in possession 
thereof, except by reason of a physician's prescription law- 
fully and properly issued shall be punished by a fine of not 
more than one thousand dollars or by imprisonment for not 
more than three years in the house of correction. 

Section 14. Whoever shall have in his possession a 
narcotic drug with intent unlawfully to sell and deliver such 
drug, or any part thereof, or whoever unlawfully sells, 
furnishes, gives away or delivers any narcotic drug in viola- 
tion of the provisions of this act, shall be punished by im- 
prisonment in the state prison for not more than tluree years, 
or in a jail or house of correction for not more than two years, 
or by a fine not exceeding two thousand dollars. 

Section 15. It shall be unlawful for any person, not 
being a physician, dentist or a veterinarian, registered under 
the laws of this state or under the laws of the state in which 
he resides, wholesale druggist, manufacturing pharmacist, 
registered pharmacist, manufacturer of surgical instruments 
or any official of any government, having possession thereof 
by reason of his official duties, or a nurse, acting under the 
direction of a physician, or the employee of an incorporated 
hospital, acting under the directions of its superintendent or 
officer in immediate charge, or a carrier or messenger en- 
gaged in the transportation thereof, to have in his possession 
a hypodermic syringe, a hypodermic needle, or any instru- 
ment adapted for the use of narcotic drugs by subcutaneous 
injection. No such syringe, needle, or instrument shall be 
delivered or sold except to a registered pharmacist, physician, 
dentist, veterinarian, wholesale druggist, manufacturing 
pharmacist, a nurse upon the written order of a physician, 
or to an employee of an incorporated hospital upon the 
written order of its superintendent or officer in immediate 
charge. A record shall be kept by the person selling such 
instruments which shall give the date of the sale, the name 
and address of the person purchasing the same, and a de- 
scription of the instrument. This record shall at all times 
be open to inspection by the state department of health, the 
boards of registration in medicine, dentistry, veterinary 



General Acts, 1917. — Chap. 275. • 2G1 

medicine, and pharmacy, by the authorized agents of said 
department and boards, and by the pohce authorities and 
poHce officers of cities and towns. Any violation of this Penalty, 
section shall be punishable by a fine of not more than one 
hundred dollars, or by imprisonment in the jail or house 
of correction for not more than six months, or by both such 
fine and imprisonment. 

Section 16. In a prosecution under this act for un- Evidence in 

, p 11 .1 • 11' p • 1 • • • J prosecutions. 

lawiully prescribmg, sellmg, lurnislimg, givmg away, or de- 
livering a narcotic drug in violation of any provision of this 
act, it shall be sufficient to allege that the defendant did un- 
lawfully prescribe, sell, furnish, give away, or deliver, as the 
case may be, the alleged narcotic drug, without any further 
allegations, and without expressly negativing the different 
exceptions of the act, and without naming the person for 
whom said prescription was issued, or the amount or quan- 
tity of the drug, or the person to whom such sale, furnish- 
ing, giving away or delivery was made; but the defendant 
shall be entitled to a bill of particulars under the provisions 
of section thirty-nine of chapter two hundred and eighteen 
of the Revised Laws. 

Section 17. The defendant in a prosecution under this Defence, 
act who relies for his defence and justification upon a pre- 
scription, written order, registration, appointment, or au- 
thority, as an excuse under this act, shall prove the same; 
and, until he has proved it, the presumption shall be that 
he is not so justified or authorized. 

Section 18. The forms hereto annexed shall apply as Forms, 
well to complaints as to indictments, and such forms shall be 
sufficient in cases to which they are applicable. In other 
cases, forms as nearly like the forms hereto annexed as the 
nature of the case and the provisions of law will allow may 
be used; but any other form of indictment or complaint 
which is authorized by law may be used. 

FORMS AND SCHEDULES OF PLEADING. 

Common Nuisance. — That A. B., during the three Common 
months next before the finding of this indictment, at said '^*"^^*^- 
[Boston], did keep and maintain a certain tenement resorted 
to by habitual users of narcotic drugs for the purpose of 
using narcotic drugs. 

Unlawful Possession. — That A. B. did have in his pos- Unlawful 
session unlawfully certain narcotic drugs, to wit, morphine 



possession. 



262 



General Acts, 1917. — Chap. 275. 



Unlawful 
possession with 
intent to sell. 



Conspiracy. 



Sale and 
delivery. 



Unlawful 
prescribing 
and delivery, 
etc., by physi- 
cian, etc. 



Possession of 

hypodermic 

instrument. 



Sale and 
delivery of 
hypodermic 
instrument. 

False making 
of prescription. 

Uttering a 
false prescrip- 
tion. 



Jtisrepresen- 
tation. 



(cocaine, heroin, or the name of drug as it is commonly 
known) . 

Unlawful Possession with Intent to sell. — That A. B. 
did have in his possession with intent unlawfully to sell and 
deliver a certain narcotic drug (naming the drug). 

Conspiracy. — That A. B. and C. D. conspired together 
to engage in unlawful traffic in narcotic drugs. 

Sale and Delivery. — That A. B. did unlawfully sell (or 
give away, or deliver) a narcotic drug, to wit, morphine (or 
name drug is commonly known by). 

Unlawful Prescribing and Delivery, etc., by Physician, 
etc. — That A. B., a physician, (or pharmacist, dentist or 
veterinarian, etc.) did unlawfully prescribe (or sell, give 
away, furnish or deliver) a certain narcotic drug, to wit, 
(naming it). 

Possession of Hypodermic Instrument. — That A. B. did 
have in his possession unlawfully a hypodermic syringe and 
needle. 

Sale and Delivery of Hypodermic Instrument. — That 
A. B. did unlawfully sell (or deliver) a hypodermic syringe 
(or needle). 

False Making of Prescription. — That A. B. did falsely 
make (or alter) a prescription for a narcotic drug. 

Uttering a False Prescription. — That A. B. did utter and 
publish as true a certain false prescription for a narcotic 
drug, well knowing the same to be falsely made (or altered). 

Misrepresentation. — That A. B. did falsely represent to 
C. D. (a physician, dentist, veterinarian, pharmacist, etc.) 
for the purpose of obtaining a narcotic drug that (state the 
substance of the statements claimed to be representations). 



Terms used, 
how construed. 



" Narcotic 
drug." 



DEFINITIONS. 

Section 19. Terms used in this chapter shall be con- 
strued as follows, unless a different meaning is clearly ap- 
parent from the language or context, or unless such con- 
struction is inconsistent with the manifest intention of the 
legislature : — 

"Narcotic drug" shall mean cannabis indica, coca leaves, 
or any cocaine, or any alpha, or beta, eucaine, or any syn- 
thetic substitute for them, or any salts, compound or de- 
rivative thereof, except decocainized coca leaves and prep- 
arations thereof, or any opium, morphine, heroin, codeine, 
or any preparation thereof, or any salt, compound or de- 
rivative of the same. 



General Acts, 1917. — Chap. 276. 263 

"Physician", "practitioner of medicine", "veterinarian", etc''^^"'"*" ' 
"veterinary surgeon", "dentist" shall mean persons duly 
registered and authorized to practice medicine, veterinary 
medicine, surgery, and dentistry. 

"Druggist", "apothecary" or "pharmacist" shall mean "Druggist", 
a person duly registered under chapter seventy-six of the 
Revised Laws, and actively engaged as a practitioner, or 
employee, in an established and fixed place of business for the 
sale, compounding and dispensing of drugs. 

"Persons", as used herein shall include all corporations, "Persons." 
associations, partnerships, or other aggregations of indi- 
viduals, including also their agents, clerks and salesmen. 

"Opium", "morphine", "heroin", "codeine" and "co- ;;opium",__ 
caine" as used in statutes or in complaints or indictments et^°'^'^ *°^ ' 
shall include any synthetic substitute for such drugs or any 
salts, compounds, derivatives, or preparations thereof, except 
decocainized coca leaves and preparations thereof. 

Section 20. The repeal of any law by this act shall not Not to affect 
affect any action, suit or prosecution pending at the time actions, etc. 
of the repeal for an offense committed, or for the recovery 
of a penalty, or forfeiture incurred, under any of the laws 
repealed. 

Section 21. Any violation of the provisions of this act, ^"^^^^ 
the punishment for which is not specified herein, shall be 
punished by a fine of not more than one thousand dollars, or 
by imprisonment in a house of correction or jail for a term 
not exceeding one year, or by both such fine and imprison- 
ment. 

Section 22. Section three of chapter three hundred and ^^epeai. 
seventy-two of the acts of the year nineteen hundred and 
eleven, as amended by section two of chapter two hundred 
and eighty-three of the acts of the year nineteen hundred 
and twelve, and chapter one hundred and eighty-seven of 
the General Acts of the year nineteen hundred and fifteen 
are hereby repealed. Approved May 23, 1917. 



An Act relative to the disposition of fees received (J^iav. 27 6 

FOR the use and OPERATION OF MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section thirty of chapter five hundred and thirty-four of e?f; amended. 
the acts of the year nineteen hundred and nine, as amended 
by chapter five hundred and twenty-five of the acts of the 
year nineteen hundred and ten, is hereby further amended 



264 



General Acts, 1917. — Chap. 276. 



Fees and fines 
received for 
the use, etc., of 
motor vehicles 
to be paid into 
the treasury of 
the comnion- 
wealth. 



Bills, etc., to 
be approved 
by commis- 
sion, etc. 



R. L. 47, § 16, 
not to apply, 
etc. 



by inserting after the word "town", in the twentieth line, 
the words : — or the county commissioners of the county, — 
and by inserting after the word "town", in the twenty- 
fourth line, the words : — or county, — so as to read as fol- 
lows: — Section 30. The fees and fines received under the 
provisions of this act, together with all other fees received 
by the commission or any other person under the laws of the 
commonwealth relating to the use and operation of motor 
vehicles, shall be paid monthly by the secretary of the com- 
mission or by the person collecting the same into the treas- 
ury of the commonwealth, and shall be used by the com- 
mission for such expenses as may be authorized by the 
general court to carry out the provisions of law regulating 
the use of motor vehicles; and the balance shall be expended, 
under the direction of the commission, for the maintenance 
of state highways without specific appropriation by the 
general court, in addition to all sums already or hereafter 
appropriated by the general court for the same purpose, and 
an amount not exceeding twenty per cent of said balance 
may be expended in any one year by said commission in re- 
pairing, improving, constructing or maintaining town or 
county highways which are or may be used as through 
routes or which connect one city or town with another and 
where the selectmen of the town or the county commis- 
sioners of the county apply, by petition in writing, to have 
said improvement, construction or repair made, and said 
commission may spend any part of said money on said 
work, together with any money which any town or county 
may appropriate for said purpose to be used on the same 
highway, and said way shall remain a town or county way. 
No bills or schedules for work or materials contracted for 
under the provisions of this section shall be paid unless such 
bills and schedules are approved by the commission, nor 
until after audit and certification by the auditor of the com- 
monwealth as required by law for expenditures under specific 
appropriations. The provisions of section sixteen of chapter 
forty-seven of the Revised Laws shall not apply to any ex- 
penditure made under authority of this section out of the 
said fees and fines, and the counties shall not be required to 
repay to the commonwealth any part of such expenditures. 

Approved May 23, 1917. 



General Acts, 1917. — Chap. 277. 265 



An Act relative to the disposition of state revenues (jf^Q^j) 277 

AND to the regulation OF PAYMENTS FROM THE TREAS- 
URY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. All revenue payable into the treasury of the ah state 
commonwealth and available for meeting any costs or ex- pJd'^ntolhf 
^enses of state departments, boards, commissions, institii- ^^"^'■J'jI/gp'J^^tj. 
tionSj^pr undertakings, or for meeting any other cost or ex- 
pense of the state government, shall be paid into the general 
fiind or ordinary revenue, except revenue from or on account 
of metropolitan boards and activities, revenue for meeting 
the principal of or interest on contingent debt, revenue from 
investments of sinking funds, revenue now placed by law in 
the Land Registration Assm-ance Fund, and all revenua-ior, 
trust funds, including the Massachusetts School Fund, the 
contributions of state employees to their retirement fund, 
and the contributions of public school teachers to their re- 
tirement fund, which funds shall be maintained and the 
income applied in accordance with existing laws. 

Section 2. Chapter six of the Revised Laws, as amended |^c.!'ameide'd. 
in section twenty-eight by chapter three hundred and forty- 
two of the acts of the year nineteen hundred and ten, and as 
affected by chapter five hundred and fourteen of the acts of 
the year nineteen hundred and fourteen, is hereby further 
amended by striking out said section twenty-eight and in- 
serting in place thereof the following : — Section 28. Except Regulation of 
as otherwise provided in this section, no money shall be the tJeasury°^ 
paid from the treasury of the commonwealth without a weluh?'"°" 
warrant from the governor drawn in accordance with an 
appropriation in some act or resolve of the same or of the 
preceding year, and after the demand or account to be paid 
has been certified by the auditor; but the principal and 
interest on all public debts shall be paid when due without 
any warrant, and the revenue received from fees and fines 
under the provisions of chapter five hundred and thirty-four 
of the acts of the year nineteen hundred and nine, and 
amendments thereof, relating to motor vehicles, and the 
revenue now paid by law into special funds and expended by 
the commission on waterways and public lands shall be ap- ^ 
propriated by the general court for the purposes defined in i 
existing laws, notwithstanding any provision in said laws] 
authorizing the expenditure thereof without such appropria- 



266 



General Acts, 1917. — Chap. 278. 



Provisos. 



Time of taking 
effect. 



tion: provided, liowever, that no appropriation shall be 
required for the payment of principal or income of funds 
held in trust by the commonwealth, nor of sinking funds to 
meet maturing bonds, nor of treasury notes issued for tem- 
porary loans authorized by statute, nor of corporation and 
other taxes collected by the commonwealth for distribution 
to cities and towns, nor for the investment of such funds 
as the treasurer and receiver general is authorized by law 
to invest, nor for payments authorized by law out of the 
several prison industries funds, nor for repayments required 
by section sixty-eight of chapter fourteen of the Revised 
Laws; and, provided, further, that the governor may, with- 
out an appropriation, draw his warrant for the payment of 
his own salary and the salaries of the justices of the supreme 
judicial court. No certificate shall be required from the 
auditor for payment of the pay rolls of the members of the 
council and general court. 

Section 3. This act shall take effect on the first day of 
December, nineteen hundred and seventeen. 

Approved May 23, 1917. 



Chap.27S An Act kelative to the filing of estimates calling 

FOR appropriations. 



1912, 719, § 3, 
etc., amended. 



Filing of 
estimates by 
state depart- 
ments calling 
for appropria- 
tions. 



Be it enacted, etc., as follows: 

Section 1. Section three of chapter seven hundred and 
nineteen of the acts of the year nineteen hundred and twelve, 
as affected by chapter two hundred and ninety-six of the 
General Acts of the year nineteen hundred and sixteen, is 
hereby amended by striking out the word "November", in 
the sixth line, and inserting in place thereof the word: — 
October, — and by inserting after the word "preceding", in 
the twelfth and thirteenth lines, the words: — Duplicate 
copies of the said statements shall be filed at the same time 
with the supervisor of administration, — so as to read as 
follows : — Section 3. Every officer or board having charge 
of any department, institution or undertaking which receives 
an annual appropriation of money from the treasury of the 
commonwealth, including annual appropriations to be met 
by assessments, shall, annually, on or before the fifteenth 
day of October, submit to the auditor of the commonwealth, 
statements showing in detail the amounts appropriated for 
the current fiscal year, estimates of the amounts required for 



General Acts, 1917. — Chap. 278. 267 

the ensuing fiscal year, with an explanation of the reason for 
any increased appropriation, and Avith citations of the 
statutes relating thereto, and the expenditures for the current 
year and for each of the two years next preceding. Duph- Duplicate 
cate copies of the said statements shall be filed at the same med^wuh^* 
time with the supervisor of administration. The said esti- |dm[i^st°aUon. 
mates shall not include any estimates for special purposes or 
objects. The auditor, on or before the fifteenth day of Duties of the 
December in each year, shall submit to the governor elect 
and to the supervisor of administration copies of the amounts 
so required by such departments, institutions or under- 
takings, together with a statement of the general appropria- 
tions for said departments, institutions or undertakings of 
the preceding fiscal year and the expenditures for the same 
and the unexpended balance as of the preceding thirtieth of 
November. The auditor shall further embody the state- 
ments received from those in charge of such departments, 
institutions or undertakings, together with his estimates for 
the ensuing fiscal year for the ordinary and other revenue of 
.the commonwealth, in one document, and shall have the 
document printed and shall transmit the same to the general 
court for its action on or before the first Thursday of Jan- 
uary of each year. Copies of this document shall be dis- 
tributed to the members of the general court. 

Section 2. Section four of said chapter seven hundred etc!'Jmendtd. 
and nineteen, as affected by said chapter two hundred and 
ninety-six, is hereby amended by inserting after the word 
"objects", in the fourth line, the words: — or who recom- 
mend changes in existing laws or new laws requiring new 
appropriations or appropriations which exceed the amounts 
called for in accordance with the provisions of section three 
of this act, — and by striking out the word "November", 
in the eighth line, and inserting in place thereof the word : — 
October, — so as to read as follows : — Section 4- Officers, Detailed 
heads of departments, boards, commissions and trustees of appropdattona 
institutions, who, in their annual reports, or otherwise, specfaf pir-"'^ 
recommend appropriations from the state treasury for ^g^gf^l^^-'t^" 
special purposes or objects, or who recommend changes in the auditor. 
existing laws or new laws requiring new appropriations or 
appropriations which exceed the amounts called for in 
accordance with the provisions of section three of this act, 
including appropriations to be met by assessments, in addi- 
tion to the ordinary running expenses, shall submit estimates 
thereof in detail to the auditor of the commonwealth on or 



268 



General Acts, 1917. — Chap. 279. 



To be trans- 
mitted in 
document 
form to 
general court. 



before the fifteenth day of October in each year, and he shall 
classify and submit them to the governor elect and to the 
supervisor of administration for their examination on or be- 
fore the fifteenth day of December next succeeding, and shall 
have them printed in a public document, and shall transmit 
the same to the general court on or before the first Thursday 
of January of each year for its action. 

Approved May 23, 1917. 



Chap.279 An Act to amend and revise the laws relative to 

PARTITION OF REAL ESTATE. 



Be it enacted, etc., as foUoivs: 



Who may have 
partition of 
real estate. 
R. L. 184, §§ 1, 
3, 34, 44. 50. 
See R. L. 145, 
§27. 



Probate court 
to have 
exclusive 
jurisdiction. 
R. L. 184. §§ 2, 
31, 32, 34, 43. 



Case in two 
or more 
counties to 
remain within 
jurisdiction 
of court where 
proceedings 
were begun. 
R. L. 184, § 46; 
162, § 6. 



Who may have Partition. 

Section 1. Any person, except a tenant by the entirety, 
owning a present undivided legal estate in land, not subject 
to redemption, shall be entitled to have partition in the 
manner hereinafter provided. If such estate is in fee, the 
petitioner shall be entitled to partition in fee; if it is a life 
estate or a term for years he shall be entitled to have par- 
tition thereof to continue so long as his estate endures. A 
life tenant or a tenant for years of whose term at least 
twenty years remains unexpired may, in the discretion of 
the com-t, have partition of the fee. The existence of a 
lease of the whole or a part of the land to be divided shall 
not prevent partition, but such partition shall not disturb 
the possession of a lessee under a lease covering the interests 
of all the co-tenants. 

Section 2. The probate court shall have exclusive juris- 
diction of all petitions for partition under this act. A petition 
for partition may be filed in the probate court for any county 
in which any part of the land included in the petition lies, 
and may include any or all of the common land within the 
commonwealth. 

Section 3. If a case is within the jurisdiction of the 
probate court in two or more counties, the court in which 
proceedings are first begun shall retain jurisdiction thereof, 
which shall exclude the jurisdiction of probate courts of 
other counties; but this shall not prevent the probate court 
in any other county in which a part of the common land 
lies, which is not included in the original petition, from 
making partition thereof. 



General Acts, 1917. — Chap. 279. 269 



Of What Land Partition may he made. 

Section 4. The court may cause partition to be made Partition may 
of all or any portion of the land included in the petition of or^rtoHand. 
which the parties thereto are co-tenants; but if all of the 34, 39'; '19*2^135'. 
common land is not included in the petition, the court may, 
upon the request of any of the parties thereto, seasonably 
filed, cause any other part of the common land to be in- 
cluded, unless a petition for partition thereof is pending in 
another county. 

Section 5. The court may set off to the petitioner his Division into 
share, and leave the residue of the land for the persons en- r. l.^i84, 
titled thereto, subject to a future partition; or it may set ^ '*°' 
off to the persons entitled to the residue their respective 
shares therein. If two or more co-tenants consent to hold 
their shares undivided, such shares may be so set off. 

The Petition. 

Section 6. The petition shall set forth under oath the Petition, 
nature and extent of the share of each co-tenant, so far as r. l. i84, §§ 4. 
known to the petitioner, stating whether he has an estate of §^26^^"^' ^**' 
inheritance, for life or for years, whether in possession, re- 
mainder or reversion, and whether vested or contingent. 
It shall contain a description of each parcel of land suffi- 
ciently specific for identification. If the common title is 
derived by will or by inheritance from a common ancestor, 
the name of the testator or common ancestor shall be given; 
if under a deed or deeds of conveyance, reference shall be 
made thereto. The petition shall be in the alternative, pray- 
ing for division of the land or for the sale, either public or 
private, of all or any part thereof which the court may find 
can not be advantageously divided. If a private sale is de- 
sired the minimum sum for which the sale may be made 
shall be stated. Only persons having the legal title to an 
estate for years, for life or in fee, whether in possession, re- 
version or remainder, shall be necessary or proper parties. 
Mortgagees, lienors, attaching creditors, and other persons 
having or claiming incumbrances on the land shall not be 
parties, but shall be named in the petition and given such 
notice as the court may order, and shall be permitted to 
intervene so far as may be necessary to protect their interests 
in the land or to establish their rights in the proceeds of 
a sale. 



270 



General Acts, 1917. — Chap. 279. 



deeds. 



Notice to be filed in the Registry of Deeds. 

mtdfn%e^ Section 7. Upon the filing of a petition for partition, 

registry of the petitioner shall forthwith cause to be filed in the registry 
of deeds for each registry district in which any of the land in- 
cluded in the petition lies a notice of the same, containing a 
brief description of the land in such district included therein, 
and the names of all persons appearing in the petition as 
parties. If the probate proceedings are at any time amended, 
either by the inclusion of more land or by adding new parties, 
a further notice thereof shall be filed forthwith in the regis- 
try district in which said land lies. No interlocutory decree 
for partition or sale shall be made by the probate court until 
it appears by affidavit that such notice or notices have been 
filed. If any part of the land is registered land, the pe- 
titioner shall, in filing the said notice or notices, comply 
with the provisions of section seventy-nine of chapter one 
hundred and twenty-eight of the Revised Laws. 



Notice to be 
given by 
citation, etc. 
R. L. 184, |§ 5, 
6, 35. See 
R. L. 171, §§ 13. 
14, 15. 



Proof of service 
and notice. 



Notice. 

Section 8. Notice shall be given by a citation which 
shall contain a brief description of the land, and the mini- 
mum price in case it is desired to sell the land or any part 
thereof at private sale. The citation shall be addressed to 
all known respondents by name, and, in addition, in express 
terms to all other persons interested. The said notice shall 
be given to all respondents, whether within or without the 
commonwealth, whose address is knowni, by serving the 
same, either personally or by registered mail, fourteen days 
at least before the return day; and if any party is not so 
served, by publishing the notice once in each of three suc- 
cessive weeks in such newspaper as the court shall order, the 
last publication to be one day at least before the return day, 
and by mailing a copy thereof to the last known address of 
such party foiu-teen days at least before the return day. 
Proof of service and notice shall be made by affidavit, 
setting forth the particulars of the service on each respon- 
dent, and any other notice given, and if actual notice has 
been given by registered mail the affidavit shall so state. 
The court may in its discretion cause further notice to be 
given. 



General Acts, 1917. — Chap. 279. 271 



Absent, Incompetent and Undetermined Parties. 

Section 9. If any party named in the petition has not Absent, in- 
been served personally with the citation, and has not ap- M^undeter- 
peared, or is a minor or under other disability, and has no rI'l!^!!!^!^^, 
guardian or other legal representative within the common- ^^' ^^' 
wealth, or if any person whose name is unknown, or who is 
unascertained or not in being, appears by the record in the 
case to have an estate, vested or contingent, as a co-tenant 
of the land of which partition is sought, the coiu-t shall 
appoint a suitable person to act for him in the proceedings. 

Proceedings. 

Section 10. If it is found that the petitioner is entitled ^^^66*'''"*'"^^ 
to have partition for the share claimed or for any less share, R- l. 184, § 12. 
the coiu-t shall make the interlocutory decree that partition 
be made, and therein determine the persons to whom and 
the proportions in which the shares shall be set off. The 
petition shall not be defeated by the payment by a party 
of a mortgage, lien, tax or other incumbrance upon the land, 
if the other parties are entitled to redeem from such pay- 
ment; but the interlocutory decree shall contain such terms 
and conditions relative to redemption by a contribution on 
account of any such payment as the court may deem equi- 
table. 

Section 11. If the ownership of any share appears to Dispute as to 
be in dispute or uncertain, the coiu-t may, in its discretion, s^are^^^*^°^ 
without determination of such question, order the partition 
to proceed by setting off the remaining shares, or by sale. 
The land not set off, or the proceeds of the share in dispute 
or uncertain, may be left for the parties entitled thereto in 
a further partition or distribution in such manner and upon 
such proceedings as the court may order. The interlocutory 
decree shall not preclude the parties sharing in the partition 
from any share to w^hich they may be entitled in a subse- 
quent partition or distribution. 

Commissioners and their Duties. 

Section 12. If the court shall decide that the petitioner commissioners, 
is entitled to partition, it shall thereupon appoint, one or k^k^'iIi,'^' 
more disinterested commissioners, and issue a warrant to ^^ ^^' ^^" 
them to make the partition. The commissioners, before 



272 



General Acts, 1917. — Chap. 279. 



If land lies in 

different 

counties. 

R. L. 184, § 38. 



entering upon their duties, shall be sworn to execute the 
warrant faithfully and impartially and a certificate of the 
oath shall be made on the warrant by the person who ad- 
ministers it. They shall give at least seven days' notice of 
the time and place appointed for making the partition, 
either personally or by registered mail, to all known persons 
interested therein. The commissioners shall make and sign 
a report of their doings and retiun it with their warrant. 

Section 13. If the land lies in different counties, the 
judge may in his discretion issue separate warrants and 
appoint different commissioners for each county, or for two 
or more counties together, in which case the partition shall 
be made of the land in each county, or group of counties, as 
if there were no other land to be divided. 



Partition of 
land indivisible. 
R. L. 184, §§ 16, 
17, 18, 41. 



Payment or 
security if 
money 
awarded . 
R. L. 184, § 53. 



Return may 
be set aside, 
amended, etc. 
R. L. 184, 
§§ 56, 67. 



Holo Partition shall he made. 

Section 14. If a part of the land cannot be divided 
without great inconvenience to the owners, or is of greater 
value than the share of any party, or if all the land cannot 
be divided without such inconvenience, the whole or any 
part thereof may be set off to any one or more of the parties, 
with his or their consent, upon payment by him or them to 
any one or more of the others of such amounts of money as 
the commissioners may award to make the partition just 
and equal. 

Section 15. If money is awarded to make the partition 
just and equal, the court shall be satisfied, before the par- 
tition is established, that the money has been paid or se- 
cured to the parties entitled thereto. Money awarded on 
account of shares in dispute or uncertain may be ordered 
to be deposited in the bank in the name of the judge of 
probate in accordance with the provisions of section thirty- 
six of this act. 

Confirming the Partition. 

Section 16. The court may, after a hearing, accept and 
confirm the return of the commissioners, or may set it aside 
and commit the case anew to the same or to other commis- 
sioners, with the same powers as those originally appointed; 
or it may, after a hearing, amend the return, and accept and 
confirm it as amended. After the return of the commis- 
sioners has been accepted and confirmed the court shall 
thereupon enter a decree that the partition be firm and 
effectual forever. If the partition is by division, the com- 



General Acts, 1917. — Chap. 279. 273 

missioners shall record a copy of the decree, certified by Hecord 

. *,'' . p 1 1 i- 1 °^ return. 

the register of probate, in the registry oi deeds tor each 
district in which any of the land hes, together with so much 
of the return, as finally confirmed, as relates thereto, or, if 
any part of the land is registered land, they shall in record- 
ing the same comply with the provisions of section eighty- 
five of chapter one hundred and twenty-eight of the Revised 
Laws. 

Section 17. The court may at any time direct an exami- ^^J^^^^, 
nation of the title, or the making of a plan, of any land in- ination of 
eluded in the petition, or such investigation relating to the 
description or title of any of it as seems useful or desirable 
for its better division or sale. If it appears from the report 
of a title examiner or from any other source that there are 
necessary parties, as defined in section six, who were not 
made parties to the petition, and have not appeared, the 
court shall, before proceeding further, cause the petitioner 
to amend his petition by making such persons parties, and 
to give notice to them in the manner provided in section 
eight. The court may also cause notice to be given to any 
incumbrancer whose interest may be disclosed by the exami- 
nation or otherwise. If it appears at any stage of the pro- 
ceedings that the land is improperly described, the court 
may, before proceeding further, require the petitioner to 
amend his petition by inserting a correct description. 

Section 18. The partition by division, when confirmed ^^^^?ti°^. 
and established by a final decree under the provisions of R- l. i84. § 45. 
section sixteen, or the sale if partition is made by sale, shall 
be conclusive upon all persons named in the petition or 
interested in the land therein described who appeared in the 
case or who waived notice or assented in writing to the same, 
or to whom due notice was given in accordance with the 
provisions of section six or eight, or who were represented 
as provided in section nine, and upon all persons claiming 
through or under them or any of them, and, if the common 
title is derived through the settlement of the estate of a 
deceased person in any probate court within the common- 
wealth, upon all the heirs and devisees of such deceased 
person to whom the notice aforesaid was given or who were 
so represented, and upon all persons claiming through or 
under them. 

Section 19. A person who was not made a party and ^^^'1^°^ 
has not appeared, who claims the whole or any part of the claiming a 
share assigned to or left for any of the supposed co-tenants r. l. ill, § 26'. 



274 



General Acts, 1917. — Chap. 279. 



Remedy of 

stranger 

claiming as 

co-tenant. 

R. L. 184, § 27. 



Remedy of 
stranger hold- 
ing title para- 
mount, etc. 
R. L. 184, 
§§ 25, 45. 



in the decree for partition, shall be concluded by the de- 
cree, so far as it relates to the partition and the assignment 
of the shares, as if he had been a party to the proceedings; 
but he may bring his action for the share claimed by him 
against the person to whom it was assigned or for whom it 
was left. Such action shall be brought against the tenant 
in possession, as if the demandant had originally claimed 
the specific parcel demanded instead of an undivided part 
of the land ; and it may be brought within the time in which 
it might have been brought if no such decree for partition 
had been rendered. If partition is made by sale, the claim- 
ant may recover the share of the proceeds to which he is 
entitled either by an action or actions against the person or 
persons to whom the proceeds were paid, or before such 
payment, by a petition in equity in the probate court in 
which the partition was made, to which the commissioner 
or commissioners and all known claimants of such share 
shall be made parties defendant. 

Section 20. A person who was not a party and has not 
appeared and who claims part of the land as a co-tenant 
with any of those who were parties to the action, shall, if 
the share so claimed was not known or not allowed and left 
for him in the process of partition, be concluded by the 
decree so far as it relates to the partition, but may, subject 
to the provisions of section eighteen, bring an action for the 
share claimed by him against each of the persons holding 
any part of the land under the decree for partition, and, if 
he prevails, shall recover against each the same proportion 
of the part so held that he was entitled to claim out of all 
the land before the partition. If the partition was made by 
sale, he may in like manner recover his portion of the pro- 
ceeds, as provided in the preceding section. 

Section 21. A person who has not appeared, and who 
claims to hold by a title paramount to that under which the 
petitioner claims as a co-tenant, shall not be concluded by 
the partition, but may maintain his action for the land 
against any or all of the parties, or persons holding under 
them, within the time in which he might have brought such 
action if the petition for partition had not been filed. 



Jury trials. 
R. L. 184, 
§§ 56. 57. 



Jury Trials. 

Section 22. Any party desiring a trial by jury upon any 
issues of fact, may file in the probate court a request for 
such issues, stating specifically the fact or facts which he 



General Acts, 1917. — Chap. 279. 275 

wishes to have determined by the jury. If the request is 
filed within ten days after the return day of any citation in 
which he is first named as a party, the issues shall thereupon 
be framed by the court. If the request is filed after the ex- 
piration of said ten days, the court, in its discretion, may 
frame the issues. Copies of the issues, the petition and all 
other material papers in the case, shall be transmitted by 
the register to the superior court for the same county. 
Upon motion of any party in the superior court, the issues 
may be advanced for speedy trial. The law and procedure 
relative to exceptions and new trials in actions at law shall 
apply to such issues. After the issues have been finally de- 
termined in the superior court, the clerk shall return the 
findings of the jury thereon to the probate court. In cases 
of appeal from the decree of the probate court, the issues 
of fact and the findings of the jury thereon shall be a part 
of the record. 

Costs. 

Section 23. The reasonable expenses and charges of the costs, 
proceedings, including any examination of title or prepara- k^^isI; §§ i, 
tion of plan ordered by the court in accordance with the ^^' *^- 
provisions of section seventeen, and the fees of counsel, of 
the commissioners, and of all agents, guardians and other 
persons appointed to represent interests in accordance with 
the provisions of section nine, shall be determined by the 
court, and, in case of sale, paid by the commissioners out of 
the proceeds; and, in case of partition by division, shall be 
paid by the petitioner, who shall be entitled to contribu- 
tion from the parties to whom shares of the land are set 
off who take a vested, and not contingent, interest. Such 
contribution shall be in proportion to the interests of the 
parties unless the court finds a different proportion more 
equitable. Costs may also be awarded under the provisions 
of section forty-foiu* of chapter one hundred and sixty-two 
of the Revised Laws. Execution may issue for the said 
contribution and costs. 

Compensation for Improvements. 

Section 24. If the court in which partition proceedings compensation 
are pending finds that one of the co-tenants has erected any J^g^^P™''"' 
buildings or made other permanent improvements on theRL. i84, 
common land, it may, if justice and equity so require, award 
such compensation as it deems proper for the value of such 



276 



General Acts, 1917. — Chap. 279. 



Improvements 
made before 
new partition. 
R. L. 184, § 54. 



Equity juris- 
diction. 
R. L. 162, § 5; 
1910, 100. 



buildings or other improvements, not exceeding however, 
the actual amount by which the market value of the common 
land has been increased thereby; and in awarding such com- 
pensation the court may deduct any benefit which the party 
claiming compensation has received from the common land. 
The court may make such orders and decrees as it deems 
necessary for the enforcement or protection of any such 
claim, and, in case of partition by division, the court may 
order the improved part set off to the party who made the 
improvement, and the land divided as if the improvement 
had not been made. 

Section 25. If, after a first partition, improvements 
have been made on a part of the land which, by a new par- 
tition, is taken from the share of the party who made the 
improvements, he shall be entitled to compensation there- 
for, which shall be awarded and enforced as provided in the 
preceding section. 

Equity Jurisdiction. 

Section 26. The probate court in which a petition for 
partition has been brought in accordance with the provisions 
of this act shall have jurisdiction in equity over all matters 
relative to the partition, and, in case of sale, over the dis- 
tribution of the proceeds thereof; also to hear and determine 
all matters of accounting between the parties to the petition 
in reference to the common land, and to appoint one or 
more receivers to take possession of the common land or any 
part thereof, and collect the rents and profits therefrom. 
Such jurisdiction may be exercised upon petition according 
to the usual course of proceedings in the probate court. 
Every receiver appointed under this section shall give bond 
in such amount and with such sureties as the court shall 
order, and shall distribute the rents among the co-tenants, 
or otherwise hold or dispose of the same in such manner as 
the court shall determine by its decree. The decree ap- 
pointing a receiver shall have effect notwithstanding an 
appeal therefrom, until it is otherwise ordered by a justice 
of the supreme court of probate. 



Appeals. 

R. L. 184, § 21. 



Appeals. 

Section 27. A party who is aggrieved by an inter- 
locutory decree under the provisions of section ten, or a final 
decree under the provisions of section sixteen, may, within 



General Acts, 1917. — Chap. 279. 277 

thirty days, appeal therefrom to the supreme judicial court 
in any matter of law apparent on the record, but an appeal 
from the final decree shall not draw in question the inter- 
locutory decree. 

Miscellaneous Provis ions . 

Section 28. If a party named in the petition has died Death of part 
prior to the filing thereof, or dies during its pendency, and pro^t^dinga"^ 
the fact of his death did not appear during the proceedings, §§'28; 33!' 1902, 
his heir or devisee shall be entitled to the share of land set ^**' ^ ^''• 
off to him or his share of the proceeds of a sale. If the 
fact of his death is made known to the court during the 
proceedings, the share or portion formerly belonging to him 
may be assigned or set off in his name to be held and dis- 
posed of as if the partition had been made prior to his de- 
cease, and his heir or devisee may recover the portion as- 
signed to him, or his share of the proceeds, by appropriate 
action. The court may, however, in any case arising under 
this section, if there has been a sale, order his share of the 
proceeds to be paid over to his personal representatives 
pending the settlement of his estate, or to be deposited 
under the provisions of section thirty-six to await their 
appointment. 

Section 29. If a person to or for whom a part of the Party 
land has been set off is evicted by one who, at the time of r? l^1s4, § 29. 
the partition, had a paramount title to that parcel, but not 
to the whole land, the person so evicted may have a new 
partition of the remaining land not subject to the para- 
mount title, as if partition had not been made. 

Section 30. A person having a mortgage, attachment Mortgagee, etc., 
or other lien on the share of a co-tenant shall be concluded r.°l'*i841"§ '30. 
by the decree, so far as it relates to the partition and the 
assignment of the shares; but his lien shall remain in full 
force upon the part assigned to or left for such co-tenant, 
or, in the event of a sale, upon the share of such part owner 
in the proceeds, and may be enforced in the manner pro- 
vided in section nineteen. 

Section 31. A person who holds land under a partition improvements 
made under the provisions of this act shall, in case of an ^Ict^ed.^ ''^'^""'^ 
eviction, be entitled to compensation for improvements ^- ^- ^^^' ^ ^^• 
made thereon, as provided in chapter one hundred and 
seventy-nine of the Revised Laws. 1 

Section 32. The fact that a co-tenant is, alone or Trusteeship, 
jointly with others, as trustee or in any other representative vent partition^ 

R. L. 184, § 51. 



278 



General Acts, 1917. — Chap. 279. 



capacity, the holder of the legal title of a share in which he 
has no beneficial interest shall not prevent partition under 
the provisions of this act. 



Court may 
order sale 
of land. 
H. L. 184, § 47; 
1907, 361. 



Commissioners 
not liable. 



Penalty for 
not disclosing 
attachment 
or lien. 



Partition by Sale. 

Section 33. In any case of partition, the court may, at 
the time of appointing a commissioner or commissioners, 
or subsequently, order the commissioners to sell and convey- 
the whole or any part of the land which cannot be divided 
advantageously, upon such terms and conditions and with 
such securities for the proceeds of the sale as the court may 
order, and to distribute and pay over the proceeds of the 
sale in such manner as to make the partition just and equal. 
The sale shall be made by public auction, after like notice 
as is required for the sale of land by an administrator, and 
the evidence thereof may be perpetuated, in like manner, 
by returns filed with the register of the court in which the 
proceedings are had, or the sale may be a private sale, 
upon such terms as the court shall order, if the court after 
notice, as provided in section eight, and a hearing, or after 
receiving the written assent of all parties in interest, finds 
that the interests of all parties will be promoted thereby. 
If the .sale is by public auction, the provisions of section 
nineteen of chapter one hundred and forty-eight of the 
Revised Laws shall apply thereto. 

Section 34. If the commissioners, after making a sale 
in accordance with the provisions of the preceding section, 
shall pay over and distribute the proceeds thereof in accord- 
ance with the terms of the order or decree of the court before 
learning of any conveyance, mortgage, lien or other in- 
cumbrance of or upon the share of any of the joint owners, 
they shall not be liable in any action to any such claimant. 
If they are in doubt as to the existence or the validity of 
any such claim against the share in the proceeds of any co- 
tenant, they may ask for instruction by the court in re- 
spect thereto. 

Section 35. A person who receives any proceeds of a 
sale of land under this act after having sold or mortgaged 
his interest therein, or with knowledge that it has been 
attached or liened, without disclosing the fact to the com- 
missioners or the court, shall be punished by a fine of not 
more than one thousand dollars, or by imprisonment for 
not more than one year. 



General Acts, 1917. — Chap. 279. 279 

Sectiox 3(3. If, for any reason, the proceeds of a sale, Disposal of 
or any share thereof, cannot be paid to the persons entitled undaiined. 
thereto, the commissioners shall deposit the same in the ^- ^- ^^*' ^ *^ 
name of the judge of probate for the county in which the 
proceedings are had, in such savings bank or other like 
institution as the court may order, to accumulate for the 
persons entitled thereto. The deposit shall be subject to 
the provisions of section twenty-three and the subsequent 
sections of chapter one hundred and fifty of the Revised 
Laws, so far as they may be applicable. 

Section 37. If in any share there are estates in sue- Appointment 
cession, the court making the partition may, upon petition r.^L^i^; § 49. 
of any party interested therein, appoint a trustee to receive, 
hold, manage and invest the proceeds of the sale of such 
share. The annual income of such share shall be paid to the 
owner of each successive estate for years or for life until it 
terminates, and the principa', after the termination of the 
prior estate or estates, shall be paid to the parties entitled 
to the fee. The trustee shall, before entering upon the 
duties of his trust, give to the judge of probate a bond, with 
sufficient surety and in such penal sum as the judge may 
order, conditioned for the faithful performance of his duties, 
and, upon breach of the condition, an action may, by order 
of the probate court, be brought for the use of the persons 
interested in the trust property, as upon a bond of an ad- 
ministrator. 

Division of Water Rights and Other Incorporeal Heredita- 
ments. 

Section 38. Joint tenants or tenants in common of a Division of 
mill privilege, water right, or other incorporeal hereditament an/othfr ^ 
may be compelled to divide the same in the manner herein- JfereSitaments. 
before provided for the division of land. The commissioners ^- ^- ^^*' ^ ^*- 
appointed to make partition shall set forth in their return 
the best method of setting off to the several parties their 
respective shares, and thereupon the court may make all 
such orders and decrees as might be made in equity. If any 
one of the joint owners so requests, the court shall order a 
sale, provided that a sale is feasible. 

Section 39. Under the provisions of the preceding Partition of 
section, partition may be made of the water of a natural naturafstream, 
stream, not navigable, the banks of which are owned by j^^l 134, § 59. 
different riparian proprietors. 



280 



General Acts, 1917. — Chap. 279. 



Repeal. 



R. L. 140, § 9, 
amended. 



Determination 
of questions 
of advance- 
ments. 
R. L. 140, § 9. 



R. L. 147, § 15, 
etc., amended. 



Order for sale 
of estate held 
in trust, how 
obtained. 
R. L. 147, § 15; 
1907, 262. 



General Provisions. 

Section 40. Chapter one hundred and eighty-four of the 
Revised Laws, section twenty-six of chapter five hundred 
and forty-four of the acts of the year nineteen hundred and 
two, chapter three hundred and sixty-one of the acts of the 
year nineteen hundred and seven, and chapter one hundred 
and thirty-five of the acts of the year nineteen hundred and 
twelve are hereby repealed. 

Section 41. Section nine of chapter one hundred and 
forty of the Revised Laws is hereby amended by striking 
out the words "either in the superior court or", in the 
fourth and fifth lines, and inserting in place thereof the 
word:-;— in, — so as to read as follows: — Section 9. The 
probate court in which the estate of a deceased person is 
settled may hear and determine all questions of advance- 
ments arising relative to such estate, or such questions may 
be heard and determined upon a petition for partition in the 
probate court; but if such question arises upon a petition 
for partition, the court may suspend proceedings until the 
question has been decided in the probate court in which the 
estate of the deceased is settled. 

Section 42. Section fifteen of chapter one hundred and 
forty-seven of the Revised Laws, as amended by section one 
of chapter two hundred and sixty-two of the acts of the 
year nineteen hundred and seven, is hereby further amended 
by striking out the words "or the partition of any such 
real property held in common and undivided", in the third 
and fourth lines, by inserting after the word "transfer", in 
the ninth line, the word : — or, — by striking out the words 
*'or partition", in the ninth line, by inserting after the 
word "transfer", in the eleventh line, the word: — or, — 
and by striking out the words "or partition", in the eleventh 
line, so as to read as follows: — Section 15. If the sale 
and conveyance, transfer or exchange of any real or personal 
property held in trust appears to be necessary or expedient, 
the supreme judicial court, the superior court or the probate 
court may, upon petition of a trustee or other person in- 
terested, although the instrument creating the trust con- 
tains a power authorizing the petitioner to make such sale 
and conveyance, transfer or exchange, after notice and 
other proceedings as hereinafter required, order such sale 
and conveyance, transfer or exchange to be made, and the 



General Acts, 1917. — Chap. 279. 2S1 

investment, reinvestment and application of the proceeds 
of such sale in such manner as will best effect the objects of 
the trust: provided, however, that nothing herein contained Proviso, 
shall be construed as requiring a trustee under a written 
instrument containing such power to obtain any such order. 

Section 43. Section eighty-five of chapter one hun- r. l. 128, § ss, 
dred and twenty-eight of the Revised Laws is hereby amended '''*^^"'*'''*- 
by inserting after the word "therefor", in the tenth line, the 
following: — If the land lies in two or more registry districts, 
only so much of the judgment, decree or return need be 
filed and registered in any district as relates to the land in 
that district, — so as to read as follows: — Section 85. In Proceedings 
all proceedings for partition of registered land, or for the C^pal-fiu^n! 
assignment in fee of registered land claimed by husband or ^^-^ jgg § §5 
wife by statutory right, after the entry of the final judgment 
or decree of partition and the acceptance of the report of the 
commissioners, a copy of the judgment or decree and of the 
return of the commissioners, certified by the clerk or register, 
as the case may be, shall be filed and registered; and there- 
upon, if the land is set off to the owners in severalty, any 
owner shall be entitled to have a certificate entered of the 
share set off to him in severalty, and to receive an owner's 
duplicate therefor. If the land lies in two or more registry 
districts, only so much of the judgment, decree or return 
need be filed and registered in any district as relates to the 
land in that district. If the land is ordered by the court to 
be sold, the purchaser or his assigns shall be entitled to have 
a certificate of title entered to him or them upon presenting 
the deed of the commissioners for registration; but any 
new certificate entered in pursuance of partition proceed- 
ings, whether by way of set-oft' or of sale, shall contain a 
reference to the final judgment or decree of partition, and 
shall be conclusive as to the title to the same extent and 
against the same persons as such judgment or decree is 
made conclusive by the statutes applicable thereto. A 
person who holds such certificate of title or a transfer thereof 
shall have the right to petition the court at any time to 
cancel the memorandum relative to such judgment or decree, 
and the court, after notice and a hearing, may grant the 
application. Such certificate shall thereafter be conclusive 
in the same manner and to the same extent as other cer- 
tificates of title. 

Section 44. Section five of chapter one hundred and f{^\^l^l^^ 
sixty-two of the Revised Laws, as amended by chapter one 



282 



General Acts, 1917. — Chap. 279. 



Probate court 
to have 
jurisdiction in 
equity concur- 
rent with the 
supreme 
judicial and 
superior 
courts, etc. 
R. L. 162, § 5; 
1910, 100; 
1917, 126 (G). 



Pending suits, 
etc., not to be 
atfected, etc. 



Act, how 
constniecl. 



Repeal not to 
revive old law. 



Unconstitu- 
tionality of 
any part, etc., 
of act not to 
affect remain- 
ing parts. 



hundred of the acts of the year nineteen hundred and ten 
and by chapter one hundred and twenty-six of the General 
Acts of the year nineteen hundred and seventeen, is hereby 
further amended by inserting after the word "instrument", 
in the sixth Hne, the word: — and, — and by striking out 
all after the word "conservatorship", in the seventh line 
down to and including the word "proceedings", in the eleventh 
line, so as to read as follows : — Section 5. The probate 
court shall have jurisdiction in equity, concurrent with the 
supreme judicial court and with the superior court, of all 
cases and matters relative to the administration of the 
estates of deceased persons, to wills, including questions 
arising under sections nineteen and twenty of chapter one 
hundred and thirty-five of the Revised Laws, or to trusts 
which are created by will or other written instrument, and 
of all matters relative to guardianship and conservatorship. 
Such jurisdiction may be exercised upon petition according 
to the usual course of proceedings in the probate court. 

Section 45. The repeal or amendment of a statute by 
this act shall not affect any act done, ratified or confirmed, 
or any right accrued or established, or any action, suit or 
proceeding begun under any statute herein repealed or 
amended before such repeal or amendment took effect. 
The court may, however, apply to any pending action, suit 
or proceeding any of the provisions of this act so far as they 
do not operate to deprive any party of any rights acquired 
under existing law. 

Section 46. The provisions of this act so far as they 
are substantially the same as those of existing statutes shall 
be construed as a continuation thereof, and not as new 
enactments, and a reference to a provision in the existing 
law which is re-enacted in this act without substantial 
change shall be construed as applying to such provision as 
so re-enacted in this act. 

Section 47. The repeal of any provisions of law by this 
act shall not revive any law or form of action or proceeding 
heretofore repealed or superseded. 

Section 48. If any part, subdivision or section of this 
act shall be declared unconstitutional, the validity of the 
remaining parts thereof shall not be affected thereby, and 
if any part of this act shall be declared unconstitutional with 
respect to any case or class of cases, it shall remain in force 
in relation to all cases with respect to which it is constitu- 
tional. 



General Acts, 1917. — Chap. 280. 283 

Section 49. This act shall take effect on the first day Time of uking 
of September, in the year nineteen hundred and seventeen. 

Approved May 23, 1917. 

An Act relative to the removal, .suspension ok ChaV'2&) 

TRANSFER OF OFFICERS OF THE STATE PRISON, REFORMA- 
TORY FOR WOMEN, PRISON CAMP AND HOSPITAL AND 
MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

An officer or employee of the state prison, of the reforma- Removal, 
tory for women, of the prison camp and hospital, or of the ItcroTofficers 
Massachusetts reformatory, sought to be removed, sus- reformatory 
pended, lowered in rank or compensation, or transferred, iiistitutions. 
shall be notified of the proposed action, and shall be fur- 
nished with a copy of the reasons therefor as required by 
chapter three hundred and fourteen of the acts of the year 
nineteen hundred and four, and shall, if he so requests in 
writing, be given a hearing before the director of the Mas- Hearing before 
sachusetts bureau of prisons, and be allowed to answer any bureau of 
charges preferred against him, either personally or by counsel. p"^°°®- 
The said director, after hearing the officer preferring the 
charges and the officer or employee in question, together 
with such witnesses as either of the parties may produce, 
shall determine whether or not the reasons for such proposed 
removal, suspension, lowering in rank or compensation, or 
transfer, are just and sufficient, and shall certify his finding 
to the head of the institution in which such officer or em- 
ployee is employed, who shall, if the reasons given have 
been sustained by the finding, forthwith remove from office 
or employment, suspend, lower in rank or compensation, or 
transfer the officer or employee in question, subject to the 
right of judicial review provided by chapter six hundred 
and twenty-four of the acts of the year nineteen hundred and 
eleven, as amended by chapter two hundred and fifty-one 
of the General Acts of the year nineteen hundred and fif- 
teen. If the said director finds that the reasons for such 
proposed removal, suspension, lowering in rank or com- 
pensation, or transfer, are not just and sufficient, the head 
of the institution in which the officer or employee is em- 
ployed shall continue him in service, or, if he has tempo- 
rarily been suspended, shall forthwith restore him to duty, 
or to his original rank or compensation, as the case may be. 
A copy of the reasons, notice, answer, finding, and order of 



284 



General Acts, 1917. — Chaps. 281, 282. 



removal, suspension, lowering in rank or compensation, or 
transfer, shall, in each case, be filed in the office of the civil 
service commissioners and made a matter of public record. 

Approved May 23, 1917. 

Chap. 281 An Act to establish the district court of peabody. 
Be it enacted, etc., as follows: 

Section 1. The city of Peabody and the town of Lynn- 
field shall constitute a judicial district under the jurisdiction 
of a court to be called the District Court of Peabody. AH 
the provisions of law applicable to district courts shall apply 
to said court. 

Section 2. There shall be one justice and two special 
justices and a clerk of the court. 

Section 3. Sittings of the said court shall be held at 
Peabody daily, except on Sundays and legal holidays. 
Sittings of the court for civil business shall be held at Pea- 
body, as required by law, or by rule of court. 

Section 4. The first session of said court shall be held 
on the first day of October in the year nineteen hundred and 
seventeen. 

Section 5. So much of this act as relates to the ap- 
pointing and qualifying of the justices of the court and the 
clerk of the court shall take eftect upon its passage, and the 
remainder shall take effect on the first day of October in the 
year nineteen hundred and seventeen. 

Section 6. Nothing in this act shall affect any suit or 
proceeding, civil or criminal, pending before any trial justice 
or court at the time when this act takes effect, and such 
trial justice or court may continue to exercise jurisdiction 
thereof. Approved May 23, 1917. 



District Court 
of Peabody 
established. 



Officers. 



Sittings. 



First session. 



Time of taking 
effect. 



Not to affect 
pending suits, 
etc. 



Chap.282 An Act to establish the salaries of court officers 

IN THE SOUTH BOSTON, DORCHESTER AND CHARLESTOWN 
MUNICIPAL COURTS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
twenty-four of the acts of the year nineteen hundred and 
seven is hereby amended by striking out the word "thir- 
teen", in the fourth line, and inserting in place thereof the 

Salaries of word : — fourtccu, — so as to read as follows: — Section 1. 

^s^u^th"'"^'' The court officers in attendance at the sessions of the mu- 



1907, 324, § 1, 
amended. 



General Acts, 1917. — Chap. 283. 285 

nicipal court of the South Boston district of the city of ^"ynf^l,,,^! 
Boston shall receive an annual salary of fourteen hundred "'!""j^, . . 
dollars, to be paid from the treasury of the county of Suffolk 
in monthly instalments, in full for all services performed by 
them. 

Section 2. Chapter seven hundred and twenty-five of inlendld. 
the acts of the year nineteen hundred and thirteen is hereby 
amended by striking out the word "twelve", in the second 
line, and inserting in place thereof the word : — thirteen, — 
so as to read as follows: — The salary of the court officer of ^i^^officer 
the municipal court of the Dorchester district of the city of ^^^fpf'^ff^'''" 
Boston shall be thirteen hundred dollars a year, to be so court 
allowed from the first day of March in the current year. 

Section 3. Section one of chapter three hundred and imekded.^ ^' 
sixty-seven of the acts of the year nineteen hundred and 
nine is hereby amended by striking out the word "twelve", 
in the fourth line, and inserting in place thereof the word: 
— thirteen, — so as to read as follows: — Section 1. The Salaries of 
court officers in attendance at the sessions of the municipal of cha,riestown 
court of the Charlestown district of the city of Boston shall Ssu^r'^^ 
receive an annual salary of thirteen hundred dollars, to be established. 
paid from the treasury of the county of Suffolk in monthly 
instalments, in full for all services performed by them. 

Section 4. This act shall take effect upon its acceptance To be sub- 
by the city council of the city of Boston, with the approval toubcU, etc. ^ 
of the mayor. Approved May 23, 1917. 

[Accepted June 26, 1917.] 

An Act relative to the reserves of trust companies. QJidj) 283 
Be it enacted, etc., as follows: 

Section 1. Section nine of chapter five hundred and ^^^^' ^Pj ^ ^• 

i>i PI '111 1-1 amended. 

twenty or the acts oi the year nineteen hundred and eight 
is hereby amended by inserting after the word "associa- 
tion", in the fourth and eighteenth lines, the words: — or 
Federal Reserve Bank, — and by inserting after the word 
"Albany", in line ten, the words: — or from the Federal 
Reserve Bank of Boston, — so as to read as follows : — 
Section 9. Not less than two fifths of such reserve shall ^^3^'"^®^°^ 
consist either of lawful money of the United States, gold panics. 
certificates, silver certificates or notes and bills issued by 
any lawfully organized national banking association or 
Federal Reserve Bank, and the remainder of such reserve 
may consist of balances, payable on demand, due from any 



286 General Acts, 1917. — Chaps. 284, 285. 

trust company in the city of Boston authorized to act as 
reserve agent as hereinafter provided, or from any national 
banking association doing business either in this common- 
wealth or in the cities of New York, Philadelphia, Chicago, 
or Albany, or from the Federal Reserve Bank of Boston; 
but a portion of such reserve not exceeding one fifth may 
consist of bonds of the United States or of this common- 
wealth computed at their fair market value, which are the 
absolute property and in the possession of such corporation: 
Proviso. inovided, that the aggregate amount of lawful money of the 

United States, gold certificates, silver certificates and notes 
and bills issued by any law^fully organized national banking 
association or Federal Reserve Bank held by such corpora- 
tion shall at all times be equal to at least five per cent of the 
aggregate amount of all its time and demand deposits, ex- 
clusive of deposits in its savings department. 
Section 2. This act shall take effect upon its passage. 

Approved May 24, 1917. 

Chap. 284: An Act to authorize the appointment of a second 

ASSISTANT district ATTORNEY FOR THE SOUTHERN 
DISTRICT. 

Be it enacted, etc., as follows: 

Office of Section 1. The district attorney for the southern dis- 

assistant trict may appoint a second assistant district attorney and 

attorney for may rcmovc him at pleasure. His salary shall be fom'teen 
di^rict*'*'®"' hundred dollars a year payable from the treasury of the 
established. commonwcalth. 

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

Approved May 24, 1917. 

Chap.285 An Act to provide for completing the extension of 

THE SOUTH metropolitan SEWER TO THE TOWN OF 
WELLESLEY. 

Be it enacted, etc., as follows: 
conimonweaith SECTION 1. The treasurer and receiver general, in order 

to issue bonds .in i i- i»i • e ^i ^ • i 

for completion to providc lor the complctiou or the extension oi tne nign- 

metroiSHan Icvcl scwcr authorized by chapter three hundred and forty- 

of WeiksSi'' three of the acts of the year nineteen hundred and fourteen, 

shall, with the approval of the governor and council, issue 

from time to time scrip or certificates of indebtedness in the 

name and behalf of the commonwealth and under its seal. 



General Acts, 1917. — Chap. 286. 287 

to an amount not exceeding three hundred and twenty-five 
thousand dollars, in addition to the amount authorized by 
said chapter; and the provisions of said chapter and 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, so far as 
they may be applicable, apply to the indebtedness and pro- 
ceedings authorized by this act. 
Section 2. This act shall take effect upon its passage. 

Approved May 24, 1917. 



Cha-p^m 



An Act relative to the expenses of the state board 
of agriculture. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter eighty-nine of the r. l. 89, § 4, 
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, and by section 
two of chapter forty-six of the General Acts of the year 
nineteen hundred and sixteen, is hereby further amended by 
striking out the words "a sum not exceeding five thousand 
dollars", in the sixth and seventh lines, and inserting in 
place thereof the words: — such amount as the general 
court may appropriate, — so as to read as follows : — Section state board 
4- The board may appoint, and prescribe the duties of, a secretary and' 
secretary, who shall receive an annual salary of three thou- eL^^nsesf eta^' 
sand dollars, and who, with the approval of the board, may 
employ a first clerk at an annual salary of eighteen hun- 
dred dollars, and may annually expend for other clerical 
service such amount as the general court may appropriate. 
The secretary may arrange for lectures before the board, and 
may issue for general distribution such publications as he 
considers best adapted to promote the interests of agri- 
culture; but the expense of such lectures and publications, 
unless otherwise provided for, shall be paid out of the ap- 
propriation for the dissemination of useful information in 
agricultm-e by the board. 

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

Approved May 24, 1917. 



288 



General Acts, 1917. — Chaps. 287, 288. 



Metropolitan 
water and 
sewerage board 
to construct 
power trans- 
mission line 
between the 
Wachusett and 
Sudbury dams. 



Metropolitan 
Water Loan, 
Act of 1917. 



Chap. 287 An Act to authorize the metropolitan water and 

SEWERAGE BOARD TO CONSTRUCT A POWER TRANSMISSION 
LINE BETWEEN THE WACHUSETT DAM AND THE SUDBURY 
DAM. 

Be it enacted, etc., as foUoivs: 

Section 1. To enable the metropolitan water and 
sewerage board 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, under authority of chapter one hundred and 
seventy-two of the General Acts of the year nineteen hun- 
dred and sixteen, 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- 
nated on the face thereof, Metropolitan Water Loan, Act of 
1917, to an amount not exceeding twelve thousand dollars, 
to be taken from the unexpended balance of forty-six thou- 
sand dollars authorized 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 
of acts in amendment thereof and in addition thereto, shall, 
so far as they may be applicable, apply to the indebtedness 
and proceedings authorized by this act. 

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

Approved May 24, 1917. 

Chap. 288 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 prop- 
erty 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 
contained 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. 



General Acts, 1917. — Chap. 288. 



289 



Polls, Property and Apportionment of State and 
County Tax of $1,000. 



BARNSTABLE COUNTY. 





« 




Tax of $1,000. 


CiTiEa AND Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Barnstable, .... 


1 

1,428 


S9,769,125 


$1 76 


Bourne, 




615 


7,807,787 


1 35 


Brewster, 




214 


1,365,083 


25 


Chatham, 




533 


2,121,535 


40 


Dennis, 




597 


1,695,920 


34 


Eastham, 




153 


591,825 


11 


Falmouth, . 




1,171 


17,447,384 


3 00 


Harwich, 




647 


1,933,772 


38 


Mashi^ee, 




81 


371,517 


07 


Orleans, 




385 


9,338,477 


1 58 


Provincetown, 




1,074 


2,713,816 


56 


Sandwich, . 




381 


1,675,366 


31 


Truro, 




174 


574,139 


11 


Wellfleet, . 




305 


918,043 


18 


Yarmouth, . 




467 


2,872,830 


52 


Totals, . 




8,225 


$61,196,619 


$10 92 



Barnstable 
county. 



BERKSHIRE COUNTY. 



Adams, .... 


i 

2,948 


$9,396,136 


$1 85 


Alford, . 




84 


235,533 


05 


Becket, 




297 


873,582 


17 


Cheshire, 




470 


1,128,073 


23 


Clarksburg, . 




284 


367,774 


09 


Dalton, 




1,088 


7,255,949 


1 31 


Egremont, . 




180 


659,134 


13 


Florida, 




109 


588,134 


11 


Great Barrington, 




1,906 


8,253,194 


1 55 


Hancock, 




152 


508,796 


10 


Hinsdale, 




382 


897,493 


19 


Lanesborough, . 




309 


871,456 


17 


Lee, 




1,385 


3,861,382 


78 


Lenox, . 




1,027 


10,735,439 


1 87 


Monterey, . 




119 


445,484 


09 


Mount Washington, 




28 


176,447 


03 


New Ashford, 




27 


85,632 


02 


New Marlborough, 




313 


1,009,949 


20 



Berkshire 
county. 



290 



General Acts, 1917. — Chap. 288. 



Berkshire 
county. 



BERKSHIRE 


COUNTY 


— Concluded. 










Tax of Sl.OOO, 


CiTrES AND Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


North Adams, 


5,264 


$18,665,650 


$3 61 


Otis, 


137 


355,687 


07 


Peru, 


63 


211,494 


04 


Pittsfield, .... 


11,560 


45,346,204 


8 64 


Richmond, .... 


174 


847,474 


16 


Sandisfield, .... 


196 


495,564 


10 


Savoy, 


157 


253,041 


06 


Sheffield, .... 


530 


1,530,311 


31 


Stockbridge, 


563 


6,168,784 


1 07 


Tyringham, .... 


89 


470,494 


09 


Washington, 


77 


378,635 


07 


West Stockbridge, 


393 


694,605 


15 


WilHamstown, 


1,077 


6,259,014 


1 14 


Windsor, .... 


121 


392,529 


08 


Totals, .... 


31,509 


$129,419,073 


$24 53 



Bristol county. 



BRISTOL COUNTY. 



Acushnet, .... 


559 


$1,532,093 


$0 31 


Attleboro, 






5,550 


23,685,989 


4 46 


Berkley, 






266 


658,432 


14 


Dartmouth, 






1,196 


6,781,087 


1 24 


Dighton, 






662 


2,048,025 


40 


Easton, 






1,513 


11,553,503 


2 06 


Fairhaven, 






1,537 


5,047,337 


99 


Fall River, 






33,550 


118,692,070 


22 94 


Freetown, 






537 


1,364,837 


28 


Mansfield, 






1,702 


5,586,871 


1 09 


New Bedford, 




31,024 


128,140,755 


24 25 


North Attleborough, 




2,763 


10,761,425 


2 05 


Norton, 




777 


1,910,315 


39 


Raynham, 






478 


1,201,951 


25 


Rehoboth, 






635 


1,167,804 


26 


Seekonk, 






758 


2,091,570 


42 


Somerset, 






873 


2,027,632 


42 


Swansea, 






651 


2,221,104 


43 


Taunton, 






10,122 


31,373,636 


6 19 


Westport, 






813 


2,855,835 


65 


Totals, . 


• 


• 


95,966 


$360,702,271 


$69 12 



General Acts, 1917. — Chap. 288. 



291 



COUNTY OF DUKES COUNTY. 



Dukes county. 



Cities and Towns. 


Polls. 


Property. 


Tax of $1,000, 
including polls 
at one tenth 
of a mill each. 


Chilmark, 
Edgartown, 
Gay Head, 
Gosnold, 
Oak Bluffs, 
Tisbury, 
West Tisbur 


Y, 






112 

381 
52 
51 
321 
387 
116 


$436,290 

1,594,446 

47,075 

857,163 
2,080,668 
2,292,778 

761,457 


$0 08 
30 
01 
15 
38 
42 
14 


Totals, 








1,420 


$8,069,877 


$1 48 



ESSEX COUNTY. 



Essex county. 



Amesbury, .... 


2,550 


$7,978,768 


$1 57 


Andover, 






2,038 


10,890,810 


2 00 


Beverly, 






6,805 


50,226,574 


8 97 


Boxford, 






200 


1,596,189 


28 


Danvers, 






2,951 


9,473,287 


1 86 


Essex, . 






539 


1,483,565 


30 


Georgetown, 






559 


1,480,828 


30 


Gloucester, . 






7,452 


28,316,943 


5 42 


Groveland, . 






620 


1,461,145 


30 


Hamilton, . 






517 


7,278,311 


1 25 


Haverhill, . 






14,673 


49,291,244 


9 60 


Ipswich, 






1,363 


6,263,590 


1 17 


Lawrence, . 






20,608 


96,639,557 


18 01 


Lynn, . 






28,218 


100,496,260 


19 41 


Lynnfield, . 






363 


1,461,411 


28 


Manchester, 






875 


22,557,139 


3 81 


Marblehead, 






2,234 


11,967,840 


2 20 


Merrimac, . 






600 


1,568,918 


32 


Methuen, 






3,637 


11,286,390 


2 23 


Middleton, . 






331 


1,025,235 


20 


Nahant, 






468 


10,748,512 


1 82 


Newbury, 






479 


2,467,223 


46 


Newbury port. 






» 4,131 


13,877,098 


2 70 


North Andover, 






1,500 


7,329,923 


1 36 


Peabody, 






4,875 


17,584,307 


3 39 


Rockport, . 






1,351 


4,349,897 


85 


Rowley, 






381 


2,457,740 


44 


Salem, . 






10,063 


47,759,021 


8 89 


Salisbury, . . . . 


551 


1,828,004 


36 



292 



General Acts, 1917. — Chap. 288. 



Essex county. 



ESSEX COUNTY — Concluded. 



Cities and Towns. 


Polls. 


Property. 


Tax of $1,000, 
including polls 
at one tenth 
of a mill each. 


Saugus, .... 

Swampscott, 

Topsfield, .... 

Wenham, .... 

West Newbury, . 


2,777 

1,979 

343 

306 

447 


$7,468,095 

17,972,061 

4,851,015 

3,962,426 

1,291,823 


$1 51 
3 16 

83 
68 
26 


Totals, .... 


126,784 


$566,691,149 


$106 19 



Franklin 
county. 



FRANKLIN COUNTY. 



Ashfield, . . . . 


272 


$1,033,730 


$0 20 


Bemardston, 






207 


689,934 


13 


Buckland, 






477 


2,238,211 


42 


Charlemont, 






320 


666,987 


14 


Colrain, 






519 


1,097,924 


23 


Conway, 






333 


972,426 


19 


Deerfield, 






762 


2,851,505 


55 


Erving, 






368 


1,557,380 


29 


GUI, . . 






270 


554,012 


12 


Greenfield, . 






3,953 


16,273,495 


3 08 


Hawley, 






107 


279,741 


06 


Heath, 






116 


352,114 


07 


Leverett, 






222 


449,885 


10 


Ley den, 






93 


283,847 


06 


Monroe, 






81 


424,463 


08 


Montague, . 






2,125 


6,465,022 


1 28 


New Salem, . 






174 


461,161 


09 


Northfield, . 






438 


1,845,890 


35 


Orange, 






1,671 


5,266,375 


1 04 


Rowe, . 






124 


351,278 


07 


Shelbume, . 






442 


2,131,645 


v40 


Shutesbury, . 






90 


423,293 


08 


Sunderland, . 






378 


918,640 


19 


Wamdck, 






122 


515,525 


10 


Wendell, . 






130 


814,521 


15 


Whately, . 






303 


895,109 


18 


Totals, . 






14,097 


$49,814,113 


$9 65 



General Acts, 1917. — Chap. 288. 



293 



HAMPDEN COUNTY. 









Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Agawam, . . . . 


1,245 


$3,612,508 


$0 72 


Blandford, . 






187 


822,745 


15 


Brimfield, . 






267 


879,358 


17 


Chester, 






407 


1,002,957 


21 


Chicopee, 






7,956 


23,963.169 


4 75 


East Longmeadov 


V, 




530 


1,567,572 


31 


Granville, . 






219 


673,552 


13 


Hampden, . 






176 


555,490 


11 


Holland, 






45 


151,842 


03 


Holyoke, 






15,984 


73,312,523 


13 70 


Longmeadow, 






507 


3,904,730 


70 


Ludlow, 






1,533 


5,919,262 


1 13 


Monson, 






1,118 


2,777,589 


57 


Montgomery', 






71 


201,383 


04 


Palmer, 






2,698 


6,192,247 


1 29 


Russell, 






335 


2,695,605 


48 


Southwick, . 






347 


1,039,489 


21 


Springfield, . 






31,442 


206,649,539 


37 25 


Tolland, 






59 


312,262 


06 


Wales, . 






107 


342,751 


07 


West Springfield, 






3,165 


11,453,142 


2 21 


Westfield, . 






4,717 


14,718,820 


2 90 


Wilbraham, . 






700 


2,290,201 


45 


Totals, . 






73,815 


$365,038,736 


$67 64 



TTampden 

county. 



HAMPSHIRE COUNTY. 



Amherst, .... 


1,748 


$7,929,938 


$1 48 


Belchertown, 






573 


1,117,862 


24 


Chesterfield, 






171 


428,430 


09 


Cummin gton, 






193 


429,891 


09 


Easthampton, 






2,617 


9,240,330 


1 79 


Enfield, 






247 


898,020 


17 


Goshen, 






83 


282,556 


05 


Granby, 






227 


8i>7,223 


16 


Greenwich, . 






131 


318,224 


07 


Hadley, 






790 


2,446,017 


48 


Hatfield, 






758 


2,282,500 


45 


Huntington, 






465 


905,747 


20 


Middlefield, . 






89 


272,672 


05 


Northampton, 






5,190 


21,552,520 


4 08 



Hampshire 
county. 



294 



General Acts, 1917. — Chap. 288. 



Hampshire 
county. 



HAMPSHIRE COUNTY — Concluded. 



1 




Tax of 81,000, 


Cities and Towns. i Polls. 


Property. 


including polls 
at one tenth 
(A a mill each. 


Pelham, .... 


148 


$514,726 


$0 10 


Plainfield, . 






110 


244,097 


05 


Prescott, 






104 


278,178 


06 


South Hadley, 






1,386 


3,997,064 


80 


Southampton, 






251 


687,564 


14 


Ware, . 






2,327 


6,652,635 


1 33 


Westhampton, 






104 


342,211 


07 


Williamsburg, 






627 


1,415,794 


30 


Worthington, 






184 


481,542 


10 


Totals, . 






18,523 


$63,575,741 


$12 35 



Middlesex 
county. 



MIDDLESEX COUNTY. 



Acton, 


682 


$2,975,316 


$0 56 


Arlington, 








4,063 


19,934,504 


3 70 


Ashby, . 








270 


1,182,723 


22 


Ashland, 








583 


1,605,118 


32 


Ayer, . 








844 


2,555,147 


51 


Bedford, 








402 


2,220,981 


41 


Belmont, 








2,313 


13,545,492 


2 47 


Billerica, 








911 


5,995,726 


1 08 


Boxborough, 








98 


321,762 


06 


Burlington, 








231 


1,037,672 


19 


Cambridge, 








28,858 


147,368,200 


27 21 


Carlisle, 








152 


835,654 


15 


Chelmsford, 








1,337 


5,197,399 


99 


Concord, 








1,695 


10,284,862 


1 87 


Dracut, 








987 


2,902,411 


58 


Dunstable, 








114 


677,638 


12 


Everett, 








10,478 


35,599,819 


6 92 


Framingham 








4,450 


20,294,972 


3 79 


Groton, 








652 


5,339,715 


95 


Holliston, 








790 


2,268,356 


45 


Hopkinton, 








789 


2,091,684 


42 


Hudson, 








2,108 


5,220,304 


1 07 


Lexington, 








1,759 


11,114,581 


2 01 


Lincoln, 








334 


5,509,565 


94 


Littleton, 








345 


1,417,459 


27 


Lowell, 


- 






25,984 


100,946,930 


19 26 


Maiden, 








14,019 


47,461,453 


9 24 


Marlborough, 


4,678 


12,291,521 


2 50 



General Acts, 1917. — Chap. 288. 



295 



MIDDLESEX 


COUNTY 


— Concluded. 










Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Maynard, . . . . 


2,108 


$4,900,544 


$1 02 


Medford, 






8,831 


33,157,118 


6 36 


Melrose, 






4,850 


20,994,803 


3 95 


Natick, 






3,354 


10,080,236 


2 00 


Ne\vton, 






11,658 


97,251,107 


17 22 


North Reading, 






321 


1,134,539 


22 


Pepperell, 






911 


2,709,443 


54 


Reading, 






2,043 


8,756,806 


1 65 


Sherborn, 






378 


2,845,626 


51 


Shirley, 






621 


1,683,773 


34 


Somerville, . 






24,749 


81,718,557 


15 96 


Stoneham, . 






2,230 


6,381,712 


1 28 


Stow, . 






330 


1,566,632 


29 


Sudbury, 






353 


1,704,271 


32 


Tewksbury, . 






612 


2,121,808 


41 


Townsend, . 






555 


1,567,786 


31 


Tyngsborough, 






287 


870,941 


17 


Wakefield, . 






3,780 


13,354,144 


2 58 


Waltham, 






8,286 


34,312,676 


6 49 


Watertown, . 






4,586 


23,952,231 


4 41 


Wayland, 






621 


3,546,581 


65 


Westford, 






812 


3,165,759 


60 


Weston, 






652 


10,593,813 


1 81 


Wilmington, 






667 


2,428,921 


47 


Winchester, . 






2,615 


20,147,523 


3 59 


Woburn, 






4,809 


15,643,716 


3 06 


Totals, . 






200,945 


$874,788,030 


$164 47 



Middlesex 
county. 



Nantucket, . 
Totals, . 



NANTUCKET COUNTY. 



984 
984 



$4,880,737 
$4,880,737 



$0 90 
$0 90 



Nantucket 
county. 



296 



General Acts, 1917. — Chap. 288. 



Norfolk 
county. 



NORFOLK COUNTY. 









Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Avon, .... 


642 


$1,193,683 


$0 26 


Bellingham, 








523 


1,190,933 


25 


Braintree, 








2,565 


10,382,049 


1 97 


Brookline, 








8,321 


173,947,538 


29 54 


Canton, 








1,355 


8,405,511 


1 52 


Cohasset, 








838 


11,131,387 


1 92 


Dedham, 








2,812 


17,512,940 


3 17 


Dover, . 








278 


9,325,177 


1 57 


Foxborough, 








1,038 


3,109,922 


62 


Franklin, 








1,745 


5,807,897 


1 13 


Holbrook, 








786 


2,127,132 


43 


Medfield, 








608 


2,569,789 


48 


Medwav, 








881 


1,999,940 


42 


Millis, \ 








452 


1,745,535 


33 


Milton, 








2,275 


36,879,571 


6 31 


Needham, 








1,808 


10,044,703 


1 84 


Norfolk, 








404 


1,372,419 


27 


Norwood, 








3,296 


19,438,084 


3 54 


Plain ville, 








423 


1,117,249 


23 


Quincy, 








12,252 


46,020,016 


8 82 


Randolph, 








1,215 


3,692,917 


73 


Sharon, 








706 


4,212,393 


77 


Stoughton, 








2,156 


4,876,769 


1 02 


Walpole, 








1,628 


8,842,644 


1 62 


Wellesley, 








1,732 


22,003,975 


3 80 


Westwood, 








386 


5,008,223 


87 


Weymouth, 








3,884 


14,172,571 


2 73 


Wrentham, 








489 


1,747,860 


34 


Totals, 








55,498 


$429,878,827 


$76 50 



Plymouth 
county. 



PLYMOUTH COUNTY. 



Abington, .... 


1,797 


$4,752,410 


$0 96 


Bridge water, 




2,007 


4,871,376 


1 00 


Brockton, . 




19,077 


64,989,541 


12 63 


Carver, 




402 


2,314,174 


42 


Duxbury, 




585 


4,397,590 


78 


East Bridgewater, 




1,064 


3,634,419 


71 


Halifax, 




220 


711,472 


14 


Hanover, 




817 


2,715,228 


53 


Hanson, 




574 


1,898,683 


37 



General Acts, 1917. — Chap. 288. 



297 



PLYMOUTH 


COUNTY - 


— Concluded. 










Tax of $1,000, 


CiTiBs AND Towns. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Hingham, . . . . 


1,552 


$9,376,383 


$1 70 


HuU, . . . 




480 


10,004,166 


1 70 


Kingston, 




700 


2,005,555 


40 


Lakeville, 




386 


1,477,964 


28 


Marion, 




537 


7,934,700 


1 36 


Marshfield, . 




538 


2,899,673 


53 


Mattapoisett, 




369 


2,934,833 


52 


Middleborough, . 




2,467 


5,994,047 


1 24 


Norwell, 




496 


1,542,822 


30 


Pembroke, . 




402 


1,422,358 


27 


Plymouth, . 




3,480 


16,299,578 


3 04 


Plympton, . 




163 


544,661 


11 


Rochester, . 




377 


1,120,636 


22 


Rockland, . 




2,162 


6,390,945 


1 27 


Scituate, 




847 


6,453,994 


1 15 


Wareham, . 




1,558 


7,248,524 


1 35 


"West Bridgewater, 




806 


1,988,631 


41 


Whitman, . 




2,307 


6,224,970 


1 26 


Totals, . 




46,170 

• 


$182,149,333 


$34 65 



Plymouth 
county. 



SUFFOLK COUNTY. 



Suffolk 
county. 



Boston, .... 
Chelsea, .... 
Revere, .... 
Winthrop, .... 


210,083 

11,241 

6,929 

3,801 


$1,802,205,529 
33,540,732 
24,280,332 
17,559,809 


$318 45 
6 66 
4 70 
3 28 


Totals, .... 


232,054 


$1,877,586,402 


$333 09 



WORCESTER COUNTY. 



Ashbumham, 


580 


$1,623,719 


$0 33 


Athol, . 




2,727 


7,523,915 


1 51 


Auburn, 




867 


1,997,225 


42 


Barre, . 




1,101 


3,100,040 


62 


Berlin, . 




235 


810,343 


16 


Blackstone, . 




1,504 


2,641,363 


59 


Bolton, .... 


219 


850,293 


16 



Worcester 
county. 



298 



General Acts, 1917. — Chap. 288. 



Worcester 
county. 



WORCESTER COUNTY — Continued. 









Tax of $1,000, 


Cities and Towns. 


Polls. 


Property. 


includiDg polla 
at one tenth 
of a mill each. 


Boylston, . . . . 


234 


$670,157 


SO 13 


Brookfield, 








591 


1,677,372 


34 


Charlton, 








612 


1,674,393 


34 


Clinton, 








3,499 


10,690,308 


2 11 


Dana, . 








183 


539,271 


11 


Douglas, 








605 


1,857,546 


37 


Dudley, 








1,052 


3,096,018 


62 


Fitchburg, 








11,827 


46,223,657 


8 81 


Gardner, 








4,662 


14,036,298 


2 78 


Grafton, 








1,425 


4,377,002 


86 


Hardwick, 








971 


6,077,267 


1 10 


Harvard, 








324 


2,351,084 


42 


Holden, 








684 


2,240,598 


44 


Hopedale, 








855 


12,455,482 


2 14 


Hubbardston 


) 






319 


900,734 


18 


Lancaster, 








609 


13,561,182 


2 30 


Leicester, 








958 


2,963,671 


58 


Leominster, 








5,162 


15,376,342 


3 05 


Lunenburg, 








457 


1,823,890 


35 


Mendon, 








280 


857,527 


17 


Milford, 








. 3,981 


10,978,778 


2 21 


Millbury, 








1,283 


4,077,673 


80 


New Braintree, 






143 


526,097 


10 


North Brookfield 






821 


2,332,644 


47 


Northborough, 






567 


2,137,631 


41 


Northb ridge, 






2,806 


8,608,731 


1 70 


Oakham, 






165 


460,292 


09 


Oxford, 








955 


2,889,059 


57 


Paxton, 








117 


506,610 


10 


Petersham, 








207 


1,266,722 


23 


Phillipston, 








106 


434,919 


08 


Princeton, 








262 


1,591,915 


29 


Royalston, 








233 


911,177 


17 


Rutland, 








406 


1,041,016 


21 


Shrewsbury, 






769 


3,368,780 


63 


Southborough, 






547 


3,593,448 


65 


Southbridge, 






4,146 


8,912,369 


1 89 


Spencer, 






1,740 


4,378,972 


90 


Sterling, 








424 


1,582,116 


30 


Sturbridge, 








475 


1,046,450 


22 


Sutton, 








691 


1,665,149 


34 


Templeton, 








1,148 


2,312,160 


50 


Upton, . . . . 


551 


1,455,192 


30 



General Acts, 1917. — Chap. 288. 



299 



WORCESTER COUNTY — Concluded. 



Worcester 
County. 



Cities and Towns. 


Polls. 


Property. 


Tax of $1,000, 

including polls 

at one tenth 

of a mill each. 


Uxbridge, 
Warren, 
Webster, 
West Boylston, 
West Brookfield, 
Westborough, 
Westminster, 
Winchendon, 
Worcester, . 






1,360 

1,214 

3,229 

384 

394 

1,223 

398 

1,763 

46,846 


$5,074,569 
2,996,360 

11,374,725 
1,216,511 
1,223,492 
3,777,486 
1,203,624 
4,931,259 
202,541,153 


$0 97 
62 
2 20 
24 
24 
75 
24 
99 

38 11 


Totals, .... 


121,896 


$462,413,776 


$88 51 



RECAPITULATION. 



Recapitulation. 









Tax of SI ,000. 


Counties. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Barnstable, . . . . 


8,225 


$61,196,619 


$10 92 


Berkshire, 








31,509 


129,419,073 


24 53 


Bristol, 








95,966 


360,702,271 


69 12 


Dukes, . 








1,420 


8,069,877 


1 48 


Essex, . 








126,784 


566,691,149 


106 19 


Franklin, 








14,097 


49,814,113 


9 65 


Hampden, 








73,815 


365,038,736 


67 64 


Hampshire, 








18,523 


63,575,741 


12 35 


Middlesex, 








200,945 


874,788,030 


164 47 


Nantucket, 








984 


4,880,737 


90 


Norfolk, 








55,498 


429,878,827 


76 50 


Plymouth, 








46,170 


182,149,333 


34 65 


Suffolk, 








232,054 


1,877,586,402 


333 09 


Worcester, 








121,896 


462,413,776 


88 51 


Totals, . 








1,027,886 


$5,436,204,684 


$1,000 00 



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

Approved May 24, 1917. 



300 General Acts, 1917. — Chaps. 289, 290. 



C/iap. 289 An Act relative to the use of the flag of the united 

STATES. 

Be it enacted, etc., as follmvs: 

stateiS'^'^ Section 1. Section five of chapter two hundred and six 
regulated. of the Rcviscd Laws, as amended by chapters four hundred 

and sixty-four and six hundred and four of the acts of the 
year nineteen hundred and thirteen, by chapter five hun- 
dred and seventy of the acts of the year nineteen hundred 
and fourteen, and by chapter two hundred and sixty-five of 
the General Acts of the year nineteen hundred and seven- 
teen, shall not be construed to apply to any newspaper, 
periodical, book, pamphlet, certificate, diploma, warrant, or 
commission of appointment to office, ornamental picture, 
article of jewelry, or stationery for use in correspondence, on 
which is printed, painted, or placed the flag of the United 
States of America not connected with any advertisement, 
and not used for advertising purposes. 

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

Approved May 24, 1917. 

Chap. 290 An Act relative to subsidies to cities and towns on 
account of consumptive patients as determined by 
the bed capacity of certain hospitals. 

Be it enacted, etc., as follmvs: 

etc^'ifmended Section 1. Chapter five hundred and ninety-seven of 

the acts of the year nineteen 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 the said section, and inserting in 

Cities and placc thereof the following : — Section 1 . Every city or 

recei've^subsi- town which placcs its paticuts suffering from tuberculosis 

cMsumptTve'" i" ^ muuicipal or incorporated tuberculosis hospital in this 

patients, etc. commouwcalth, or in a building or ward set apart for patients 

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 J but a city or town shall not become entitled 



General Acts, 1917. — Chap. 290. 301 

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 authority of law, or by permission of the hospital, full 
authority to inspect the same at all times. Said trustees Trustees may 
may at any time withdraw their approval: yrovided, how- approval. 
ever, that in the case of those hospitals having a bed capacity Proviso. 
which is in excess of the number of beds needed for the 
localities which these institutions serve for patients ex- 
hibiting tubercle bacilli in their sputum, the subsidy above 
provided shall be allowed for such patients not exhibiting 
tubercle bacilli in their sputum as in the joint opinion of the . 
superintendent 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 
institution more than thirty days. The determination of the Determination 
question of the number of beds in excess of the number of capacity, how 
beds needed for patients exhibiting tubercle bacilli in their "^'^'^' 
sputum shall be made as follows: — the city board of health 
shall first file an application for a tuberculosis survey of the 
localities served by such tuberculosis hospital, stating in the 
application the reasons for the belief that the hospital is 
already providing proper care for all cases showing tubercle 
bacilli and subject to hospital treatment. On receipt of such 
an application the state department of health and the state 
trustees of hospitals for consumptives shall cause a careful 
survey to be made by representatives of both departments. 

Following the filing of the report of such survey the public Joint board to 
health council of the state department of health and the age number of 
trustees of hospitals for consumptives, sitting jointly, shall etc.^ "^ ' 
determine and decree the average number of beds needed in 
such institutions for patients exliibiting tubercle bacilli in 
their sputum. This number shall be subject to re-determi- Re-determina- 
nation by a new survey made in a similar manner from time 
to time thereafter upon application by the city board of 
health, but such appHcation shall not be made more often 
than once in three years. 

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

Approved May 24, 1917. 



302 



General Acts, 1917. — Chaps. 291, 292, 293. 



Cha'p.2^1 An Act to establish the salary of the second as- 
sistant CLERK of the MUNICIPAL COURT OF THE ROXBURY 
DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The salary of the second assistant clerk of 
the municipal court of the Roxbury district of the city of 
Boston shall be fifteen hundred dollars a year. 

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, 1917. 

[Accepted June 26, 1917.) 



Salary of sec- 
ond assistant 
clerk of the 
Roxbury 
municipal 
court estab- 
lished. 
To ;be sub- 
mitted to city 
council, etc. 



Chap. 2^2 An Act relative to the salaries of the court 

OFFICERS OF THE MUNICIPAL COURT OF THE ROXBURY 
DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The court officers of the municipal court of 
the Roxbury district of the city of Boston shall hereafter be 
paid an annual salary of sixteen hundred dollars each. 

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, 1917. 

[Accepted June 26, 1917.1 



Salaries of 
court officers 
of the Ro.xbury 
municipal 
court estab- 
lished. 
To be sub- 
mitted to city 
council, etc. 



Office of parole 
clerk at the 

Massachusetts 

reformatory 

established. 



C/iai). 293 An Act to provide for the appointment of a parole 

CLERK AT THE MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as folloivs: 

The director of the bureau of prisons is hereby authorized 
to designate as parole clerk one of the officers at the Massa- 
chusetts reformatory mentioned in section twenty-one of 
chapter two hundred and twenty-three of the Revised Laws, 
as affected by chapter four hundred and fifty-four of the 
acts of the year nineteen hundred and ten. He shall per- 
form such duties relating to the parole of inmates of the 
reformatory as the director may prescribe. While perform- 
ing the duties of parole clerk, such officer shall receive an 
annual salary of sixteen hundred dollars in full for all services 
rendered by him, and shall be subject to the provisions of 
chapter six hundred and one of the acts of the year nineteen 
hundred and eight and acts in amendment thereof. 

Approved May 24, 1917. 



Salary. 



General Acts, 1917. — Chaps. 294, 295. 303 



An Act to permit the employiment of girls in certain Chap. 294: 

TELEPHONE EXCHAJSTGES UNTIL ELEVEN o'CLOCK EN THE 
EVENING. 

Be it enacted, etc., as follows: 

Section nine of chapter eight hundred and thirty-one of ^^^.^^sij 5 9, 
the acts of the year nineteen hundred and thirteen is hereby 
amended by adding at the end thereof the words : — pro- 
vided, houiever, that girls under the age of twenty-one years 
may be employed as operators in regular service telephone 
exchanges until, but not after, the hour of eleven o'clock in 
the evening, — so as to read as follows : — Section 9. No Employment 
boy under the age of eighteen years and no girl under the certain estab- 
age of twenty-one years shall be employed or permitted to '^ "^e"^*®- 
work in, about or in connection with any establishment or 
occupation named in section one for more than six days in 
any one week, nor more than fifty-four hours in any one 
week, nor more than ten hours in any one day, nor before 
the hour of five o'clock in the morning, nor after the hour of 
ten o'clock in the evening, nor in the manufacture of textile 
goods after the hour of six o'clock in the evening: 'provided. Proviso. 
however, that girls under the age of twenty-one years may be 
employed as operators in regular service telephone ex- 
changes until, but not after, the hour of eleven o'clock in 
the e\^ening. Approved May 24, 1917. 

An Act relative to the fiscal year upon which a C hap. 29o 

RETURN of income FOR TAXATION MAY BE BASED. 

Be it enacted, etc., as folloivs: 

Section seven of chapter two hundred and sixty-nine of the loio, 269 (G), 
General Acts of the year nineteen hundred and sixteen is ' '^'"*'" 
hereby amended by inserting after the word "act", in the 
fifth line, the words: — Persons who customarily estimate 
their income and expenditure on the basis of an established 
fiscal year instead of on that of the calendar year, may, with 
the approval of the tax commissioner and subject to such 
rules and regulations as he may establish, return their 
income taxable under this act on the basis of such fiscal 
year in lieu of that of the calendar year, — so as to read as 
follows : — Section 7. Persons who customarily estimate Return of in- 
their income and expenditure on a basis other than that of tion^maybe^' 
actual cash receipts and disbursements may, with the ap- gscafiwretc. 



304 



General Acts, 1917. — Chap. 296. 



proval of the tax commissioner, compute upon a similar 
basis their income taxable under this act. Persons who 
customarily estimate their income and expenditure on the 
basis of an established fiscal year instead of on that of the 
calendar year, may, with the approval of the tax commis- 
sioner and subject to such rules and regulations as he may 
establish, return their income taxable under this act on 4he 
basis of such fiscal year in lieu of that of the calendar year. 
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 determi- 
nation. Approved May 2Ji., 1917. 



R. L: 146, § 18, 
eic, amended. 



C/iap. 296 An Act eelati\'t: to sales of real estate for distribu- 
tion. 

Be it enacted, etc., as folloivs: 

Section 1. Section eighteen of chapter one hundred and 
forty-six of the Revised Laws, as amended by chapter two 
hundred and seventeen of the acts of the year nineteen 
hundred and four, by chapter seventy-three of the acts of 
the year nineteen hundred and six, and by chapter two 
hundred and thirty-six of the acts of the year nineteen 
hundred and seven, is hereby further amended by striking 
out the said section and inserting in place thereof the follow- 
ing: — Section 18. The probate court may, upon petition of 
an administrator, administrator with the will annexed, or 
executor, unless the will otherwise provides, filed within one 
year after the date of the giving of the executor's or ad- 
ministrator's bond, or if an administrator de bonis non shall 
be appointed within one year after the date of the original 
appointment of the executor or administrator, then within 
six months after the date of the giving of a bond by such 
administrator de bonis non, with the consent of all parties 
interested or after notice, license him to sell the whole or 
any part of the real property or any undivided interest 
therein belonging to the estate of the deceased, in such 
manner and upon such notice as the court orders, for the 
purpose of distribution; and the net proceeds of such sale, 
after deducting the expenses thereof and such amount as 
may be required for the payment of debts, legacies and 



Probate court 
may license 
administrator, 
executor, etc., 
to sell real 
estate for dis- 
tribution. 



General Acts, 1917. — Chap. 297. 305 

charges of administration, in consequence of a deficiency in 
the personal property, shall, subject to the laws governing 
the distribution of the personal estate of the deceased, be 
distributed to the persons who would have been entitled to 
such real property and in the proportions to which they 
would have been entitled had it not been sold. Before any Names of aii 
such license shall be issued, the petitioner shall file in the tJ^b^med fn'^ ' 
probate court an affidavit containing the names of all persons ^^^^^^■^ '=°"'"*'- 
known to him as having or claiming any interest in said real 
estate derived from any deed of conveyance or mortgage by, 
through or under any of the heirs or devisees, and if it ap- 
pears that there are any such persons, they shall be notified 
in accordance with the order of the court, and shall be made 
parties to the proceedings. 

Section 2. This act shall take effect on the first day of J^^^ °^ ^^^'^^ 
September in the year nineteen hundred and seventeen. 

Approved May 24> 1917. 

An Act relative to the settlement of claims under Chav 297 

THE workmen's COMPENSATION ACT. 

Be it enacted, etc., as follows: 

Section 1. The industrial accident board, established by Membership 
section one of Part III of chapter seven hundred and fifty- accSe^ C^rd 
one of the acts of the year nineteen hundred and eleven, as »°'='**s^' ^**=- 
amended by section six of chapter five hundred and seventy- 
one of the acts of the year nineteen hundred and twelve, 
shall hereafter consist of seven instead of five members. 
The term of office of the two additional members shall be 
five years, except that when first appointed one shall be 
appointed for a term of five years and one for a term of three 
years. The chairman of the said board shall, from time to 
time, designate five members to serve as a reviewing board, 
and three members shall constitute a quorum to decide all 
matters which are required to be heard by the board. 

Section 2. Section five of Part III of said chapter seven ign, 751 (hd, 
hundred and fifty-one as amended b}^ section ten of chapter L^ended. 
five hundred and seventy-one of the acts of the year nineteen 
hundred and twelve, and by section nine of chapter seven 
hundred and eight of the acts of the year nineteen hundred 
and fourteen, is hereby further amended by striking out the 
word "who", in the ninth line, and inserting in place thereof 
the word : — which, — and by striking out all after the 
word "thereupon", in the tenth line, and inserting in place 



306 



General Acts, 1917. — Chap. 297. 



Hearing upon 
failure to 
reach an agree- 
ment as to 
compensation. 



Repeal. 



1911, 751 (III), 
§ 7, etc., 
amended. 



Member of the 
board to make 
investigations, 
eic. 



Decision. 



Repeal. 



1911, 751 ail), 

§ 10, etc., 
amended. 



Claim for re- 
view by full 
board, etc. 



thereof, the words: — assign the case for hearing by a 
member of the board, — so as to read as follows : — Section 
5. If the association and the injured employee fail to reach 
an agreement in regard to compensation under this act, or 
if they have reached such an agreement, which has been 
signed and filed in accordance with the provisions of this 
act, and compensation has been paid or is due in accordance 
therewith and the parties thereto then disagree as to the 
continuance of any weekly payments under such agreement, 
either party may notify the industrial accident board which 
shall thereupon assign the case for hearing by a member of 
the board. 

Section 3. Part III of said chapter seven hundred and 
fifty-one, as amended in section six by section eleven of 
chapter five hundred and seventy-one of the acts of the year 
nineteen hundred and twelve, is hereby further amended by 
striking out the said section six. 

Section 4. Part III of said chapter seven hundred and 
fifty-one as amended in section seven by section twelve of 
chapter five hundred and seventy-one of the acts of the year 
nineteen hundred and twelve, is hereby further amended by 
striking out said section seven and inserting in place thereof 
the following : — Section 7. The member of the board shall 
make such inquiries and investigations as shall be deemed 
necessary. The hearing shall be held in the city or town 
where the accident occurred, or in such other place as the 
board may designate; and the decision of the member, to- 
gether with a statement of the evidence, his findings of fact, 
rulings of law, and any other matters pertinent to questions 
arising before him shall be filed with the industrial accident 
board. Unless a claim for review is filed by either party 
within seven days, the decision shall be enforcible under the 
provisions of section eleven of Part III. 

Section 5. Part III of said chapter seven hundred and 
fifty-one is hereby amended by striking out section nine. 

Section 6. Section ten of Part III of said chapter seven 
hundred and fifty-one, as amended by section thirteen of 
chapter five hundred and seventy-one of the acts of the 
year nineteen hundred and twelve, is hereby further amended 
by striking out the word "committee", where it occurs in 
the fifth and sixth lines, and inserting in place thereof in 
each instance the word : — member, — so as to read as fol- 
lows: — Section 10. If a claim for a review is filed, as pro- 
vided in Part III, section seven, the board shall hear the 



General Acts, 1917. — Chap. 297. 307 

parties and may hear evidence in regard to any or all matters 
pertinent thereto and may revise the decision of the member 
in whole or in part, or may refer the matter back to the 
member for further findings of fact, and shall file its decision 
with the records of the proceedings and notify the parties 
thereof. No party shall as a matter of right be entitled 
to a second hearing upon any question of fact. 

Section 7. Section eleven of Part III of said chapter ion, 751 (lu). 
seven hundred and fifty-one, as amended by section fourteen amended. 
of chapter five hundred and seventy-one of the acts of the 
year nineteen hundred and twelve, is hereby further amended 
by striking out the words "an arbitration committee", . 
wherever they appear, and inserting in place thereof the 
words : ■ — • a member, — so as to read as follows : — Section Appeal to 
11. Any party in interest may present certified copies of an l^®™''^"""*- 
order or decision of the board, a decision of a member from 
which no claim for review has been filed within the time 
allowed therefor, or a memorandum of agreement approved 
by the board, and all papers in connection therewith, to the 
superior court for the county in which the injury occurred 
or for the county of Suffolk, whereupon said court shall 
render a decree in accordance therewith and notify the 
parties. Such decree shall have the same effect and all pro- Effect of court's 
ceedings in relation thereto shall thereafter be the same as ^^'^^' '^^'^' 
though rendered in a suit duly heard and determined by 
said court, except that there shall be no appeal therefrom 
upon questions of fact, or where the decree is based upon a 
decision of a member or a memorandum of agreement, and 
that there shall be no appeal from a decree based upon an 
order or decision of the board which has not been presented 
to the coiu-t within ten days after the notice of the filing 
thereof by the board. Upon the presentation to it of a Revocation, 
certified copy of a decision of the industrial accident board 
ending, diminishing or increasing a weekly payment under 
the provisions of Part III, section twelve, the court shall 
revoke or modify the decree to conform to such decision. 

Section 8. Section twelve of Part III of said chapter 1911, 751 (iii), 
seven hundred and fifty-one, as amended by section eleven ame'nd*ed. 
of chapter seven hundred and eight of the acts of the year 
nineteen hundred and fourteen, is hereby further amended 
by inserting after the word "board", in the second line, the 
words : — or any member thereof, — and by inserting after 
the word "board", in the third line, the words: — or mem- 
ber, — and by striking out the words "it deems", in the 



308 



General Acts, 1917. — Chap. 297. 



Review of 

weekly 

payment. 



1911, 751 (III), 
§ 13, etc., 
amended. 



Fees of 
attorneys, etc. 
subject to 
approval of 
the board. 



Decision. 



1911, 751 (III), 
§ 14, amended. 



Payment of 
cost of pro- 



fifth line, and inserting in place thereof the words : — may 
be deemed, — and by adding at the end thereof the follow- 
ing : — If the case is heard and decided by a member, his 
decision shall be subject to review as provided by sections 
seven and ten of Part III and the general provisions of the 
act, — so as to read as follows: — Section 12. Any weekly 
payment under this act may be reviewed by the industrial 
accident board or any member thereof, and on such review 
the board or member may, in accordance with the evidence 
and subject to the provisions of this act, issue any order 
which may be deemed advisable. If the case is heard and 
decided by a member, his decision shall be subject to review 
as provided by sections seven and ten of Part III and the 
general provisions of the act. 

Section 9. Section thirteen of Part III of said chapter 
seven hundred and fift>'-one, as amended by section twelve 
of chapter seven hundred and eight of the acts of the year 
nineteen hundred and fourteen, is hereby further amended 
by striking out the words "call for the formation of a com- 
mittee of arbitration", in the seventh and eighth lines, and 
inserting in place thereof the words : — assign the case for 
hearing by a member of the board, — and by adding at the 
end thereof the following: —The member shall report the 
facts to the industrial accident board for decision, and the 
decision shall be enforcible as provided by Part III of section 
eleven, — so as to read as follows: ^ — Section 13. Fees of 
attorneys and physicians and charges of hospitals for services 
under this act shall be subject to the approval of the indus- 
trial accident board. If the association and any physician 
or hospital, or the employee and any attorney, fail to reach 
an agreement as to the amount to be paid for such services, 
either partj'^ may notify the board, which may thereupon 
assign the case for hearing by a member of the board in 
accordance with the provisions of this act, and all proceed- 
ings thereunder shall be in accordance with the provisions of 
this act. The member shall report the facts to the industrial 
accident board for decision, and the decision shall be en- 
forcible as provided by Part III of section eleven. 

Section 10. Section fourteen of Part III of said chapter 
seven hundred and fifty-one is hereby amended by striking 
out the words "committee of arbitration", in the first line, 
and by inserting after the word "board", in the second 
line, the words : — any member thereof, — so as to read as 
follows: — Section 14- If the industrial accident board, any 



General Acts, 1917. — Chaps. 298, 299. 309 

member thereof, or any com-t before whom any proceedings ceedings, how 
are brought under this act determines that such proceedings brought with" 
have been brought, prosecuted, or defended without reason- ground^^"'^^''^ 
able ground, it shall assess the whole cost of the proceedings 
upon the party who has so brought, prosecuted or defended 
them. Ayproved May 24, 1917. 

An Act to equalize the compensation of certain CJiav 298 

DEPUTY SHERIFFS WHEN ATTENDING COURT. 

Be it enacted, etc., as follows: 

Section 1. Deputy sheriffs qualified to serve civil process compensation 
attending upon the sessions of the supreme judicial, superior deputy 'Jheriffs 
or probate court, or upon the sessions of the county com- Tng^'M^t''"'^' 
missioners, shall be paid seven dollars a day for such at- '''i»ia''^ed. 
tendance in addition to travelling expenses of ten cents a 
mile out and home once a week. 

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

( The foregoing was laid before the governor on the eighteenth 
day of May, 1917, 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.) 

An Act to perfect the authority of the metropolitan Chav 299 

PARK COMMISSION TO REBUILD EXISTING BRIDGES OVER 
THE CHARLES RIVER AND TO ACQUIRE ADDITIONAL LAND 
ALONG SAID RIVER. 

Be it enacted, etc., as follows: 

Section 1. In order to carry out the provisions of metro^man 
chapter fom* hundred and thirty-nine of the acts of the year ^o^''/"™?^'?,", 
nineteen hundred and eleven, and to enable the metropolitan certain bridges 
park commission to connect lands now under the control of charies river, 
said commission on the banks of Charles river in the city of ^^"'^ perfected. 
Boston with nearby public highways, said commission is 
hereby authorized to exercise all the powers conferred upon 
it by chapter four hundred and seven of the acts of the 
year eighteen hundred and ninety-three: provided, however, Provisos, 
that no land of the Boston and Albany Railroad Company 
shall be taken hereunder in w^hole or in part, except from 
that parcel which lies between Commonwealth avenue and 
Essex street in the city of Boston and locations of the main 
line and grand junction branch of the Boston and Albany 
railroad; and provided, further, that no taking hereunder of 



310 



General Acts, 1917. — Chaps. 300, 301, 



any part of said land of said railroad company shall be 
made after two years from the date of the passage of this 
act. 
Section 2. This act shall take effect upon its passage. 

Approved May 25, 1917. 

C hap. SOO An Act to authorize certain organizations to drill 

ANT) PARADE WITH FIREARMS. 

Be it enacted, etc., as follows: 

Section 1. The adjutant general, with the approval of 
the governor, may prescribe rules and regulations under 
which any body of citizens of the commonwealth, organized 
as an association, club or training school for the purpose of 
acquiring military knowledge, discipline and training, may 
drill or parade w^ith firearms: provided, that written consent 
is first obtained from the adjutant general, and that the 
body organized as aforesaid shall adopt such uniform, equip- 
ment and insignia of rank as he shall prescribe. He may 
authorize the use by any such body of any state armory 
for drill or training; provided, that such use shall not inter- 
fere with the occupation and use of the armory by the 
national guard. The governor may, at any time, disband 
any such body. This act shall be operative only during 
such time as the United States may be in a state of actual 
warfare. 

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

Approved May 25, 1917. 



Certain organ- 
izations per- 
mitted to drill 
and parade 
with firearms. 



Proviso. 



May use State 
armories. 



Proviso. 



C/iap.301 An Act relative to the compensation of employees of 
the commonwealth in the ahlitary or naval service 
OF the united states during the present war. 

Be it enacted, etc., as follows: 

Section 1. There shall be allowed and paid, out of the 
treasury of the commonwealth, to every employee of the 
commonwealth who has been or is hereafter mustered into 
the military or naval service of the United States during the 
present war, an amount equal to the difference between the 
compensation received by him from the United States, plus 
the compensation received as extra military pay, received 
from the commonwealth, and the amount which he was 
receiving from the commonwealth at the time when he was 
mustered in. The said payments shall continue so long as 
he continues in the military or naval service of the United 



Compensation 
allowed to 
employees of 
the common- 
wealth in 
United States 
service during 
the present 
war. 



General Acts, 1917. — Chap. 302. 311 

States, but shall cease one month after the termination of 
the war. In case of his death in the said service his widow, Payment to 
minor children, parents or dependents shall receive the said in case o?^ 
sum until the termination of the war. ^^^^^'^' 

Section 2. The said sums shall be payable monthly by Sums payable 
checks signed by the treasurer and receiver general, which 
shall be sent to the person to whose order they are drawn, 
or to his wife, parent or child, or to any other person desig- 
nated by the beneficiary by a writing filed with the treas- 
urer and receiver general, or sent to him by mail. 

Section 3. This act shall take eft'ect upon its passage. 

Apprcwed May 25, 1917. 

An Act to annex certain towns to the judicial (^/^^^ 3Q2 

DISTRICTS of various COURTS. 

Be it enacted, etc., as follows: 

Section 1 . The following-named towns are hereby Certain towns 
severally annexed to and made a part of the judicial district the judicial 
of the court hereinafter designated, in each case, to wit: — various^courts. 

Town of Westminster, the first district court of Northern Westminster. 
Worcester. 

Towns of Hardwick and New Braintree, the district court Hardwick and 

p ITT , TXT , New Braintree. 

or Western Worcester. 

Towns of Barre, Princeton and Oakham, the central Barre, Prince- 
district coiut of Worcester. Oakham. 

Town of Salisbury, the police court of Newburyport and Salisbury. 
second district court of Essex, exercising a concurrent juris- 
diction. 

Town of West Newbury, the central district court of West Newbury. 
Northern Essex and the police court of Newburyport, 
exercising a concurrent jurisdiction. 

Town of Manchester, the first district court of Essex. Manchester. 

Town of Lynnfield, the district court of Peabody. Lynnfieid. 

Town of Hudson, the police court of Marlborough. Hudson. 

Town of Hopkinton, the first district court of Southern Hopkinton. 
Middlesex. 

Town of Carver, fourth district court of Plymouth. Carver. 

Town of Halifax, third district court of Plymouth. Halifax. 

Town of Ludlow, the police court of Springfield. Ludiow. 

Town of New Ashford, the police court of Williamstown. New Ashford. 

Towns of Lenox and Becket, the district court of Central 3^"^^^''"'^ 
Berkshire and the police court of Lee, exercising a con- 
current jurisdiction. 



312 



General Acts, 1917. — Chap. 303. 



Stockbridge, 
Tyringham 
and Otis. 

Sandisfield. 



West Stock- 
bridge. 

Annexation of 
other towns, 
etc., for all 
kinds of 
business. 



Jurisdiction. 



Time of taking 
effect. 



Towns of Stockbridge, Tyringham and Otis, the police 
court of Lee. 

Town of Sandisfield, the district court of Southern Berk- 
shire and the police court of Lee, exercising a concurrent 
jurisdiction. 

Town of West Stockbridge, the district court of Southern 
Berkshire. 

Any other town now within the judicial district of any 
district court for civil business is hereby annexed to, and 
made a part of the judicial district of, such court for all 
kinds of business. 

Section 2. The jurisdiction acquired by any court 
under the provisions of section one shall, in all towns which 
now or hereafter have a trial justice resident and holding 
court therein, be exclusive of such trial justice only as to 
matters without the jurisdiction of a trial justice, and con- 
current with the trial justice as to all matters within his 
jurisdiction. 

Section 3. This act shall take effect on the first day of 
October, nineteen hundred and seventeen. Nothing herein 
shall affect any suit or proceeding, civil or criminal, pending 
before any trial justice or court at the time when this act 
takes effect, and such trial justice or court may continue to 
exercise jurisdiction thereof. Approved May 25, 1917. 



C hap. 30S An Act relative to the distribution of the estates 

OF PERSONS DYING INTESTATE. 

Be it enacted, etc., as folio ivs: 

Section 1. Clause Third of section three of chapter one 
hundred and forty of the Revised Laws, as amended by 
chapter two hundred and fifty-six of the acts of the year 
nineteen hundred and five, is hereby further amended by 
striking out the first paragraph of said clause and inserting in 
place thereof the following: Third, If the deceased leaves no 
issue, the surviving husband or wife shall take the remaining 
real and personal property if the combined value thereof 
does not exceed the sum of five thousand dollars, and the 
probate court upon petition of any party in interest, and 
after notice, upon such evidence as it may deem necessary, 
shall determine the value thereof. If the remaining real and 
personal property exceeds the sum of five thousand dollars, 
the surviving husband or wife shall take five thousand 
dollars and one half of the personal property then remaining 



R. L. 140, § 3, 
etc., amended. 



Distribution of 
estates of per- 
sons dying 
intestate. 



General Acts, 1917. — Chaps. 304, 305. 313 

and one half of the remaining real property. If the personal 
property is insufficient to pay said five thousand dollars, the 
deficiency shall, upon the petition of any party in interest, 
be paid from the sale or mortgage, in the manner provided 
for the payment of debts or legacies, of any interest of the 
deceased in real property which he could have conveyed at 
the time of his death; and such surviving husband or wife 
shall be permitted, subject to the approval of the court, to 
purchase at any such sale, notwithstanding the fact that 
she or he is the administrator of the estate of such deceased 
person. A further sale or mortgage of any real estate of the 
deceased may later be made to provide for any deficiency 
still remaining. 

Section 2. This act shall take effect on the first day of J^^^ "' ^^'''"^ 
September in the year nineteen hundred and seventeen. 

Approved May 25, 1917. 

An Act to establish the salary of the assistant C}iav.2>04: 

DISTRICT ATTORNEY FOR THE NORTHERN DISTRICT. 

Be it enacted, etc., as follows: 

The annual salary of the assistant district attorney for Assistant dis- 
the northern district shall be twenty-six hundred dollars. ioithe northern 

Approved May 25, 1917. Siished"''' 

An Act to regulate foreign corporations engaged in Chap. 305 

THE BUSINESS OF WRECKING OR SALVAGING IN THE NAVI- 
GABLE WATERS OF THE COMMONWEALTH. 

Be it enacted, etc., as folknos: 

Section 1. It shall be unlawful for any foreign corpora- Foreign corpo- 
tion to engage in the business of wrecking or salvaging in gt^'edln" 
the navigable waters of the commonwealth without first Ta^it^s^'^l busi- 
obtaining a license therefor from the commission on water- nesstobe 

llC6IlS6Cl etc 

ways and public lands, and filing a bond with the said com- 
mission. The license shall be granted upon the payment of 
a fee, not exceeding twenty-five dollars, to be fixed by the 
commission, and it shall be good for one j-ear from the date 
of its issue. The bond shall run to the treasurer and receiver 
general, shall be for such amount as shall be fixed by, and 
shall have sureties satisfactory to, the said commission, and 
shall be conditioned upon payment by the licensee of such 
amounts as shall lawfully be due to any person for damage 
to person or propertj'^ caused by any act of the corporation, 
its agents or servants, in this commonwealth. 



314 General Acts, 1917. — Chap. 306. 

Penalty. Section 2. Vioktion of any provision of this act shall 

be punished by a fine of not less than fifty nor more than 

three hundred dollars for each offence. 

.wright!^'*''^ Section 3. This act shall not be construed to impair 

fromledJrat ^'^•^' right or authoHty derived from, or exercised under, any 

government. law of the United States, or any right, license or privilege 

lawfully granted by any department thereof. 

Approved May 25, 1917. 

Chap.SOQ An Act relative to the sale of estates subject to 

REMAINDERS. 

Be it enacted, etc., as follows: 

Tminde"' ^ '^' Section 1. Scctiou tweiity-cight of chapter one hundred 
and twenty-seven of the Revised Laws is hereby amended 
by inserting before the word "contingent", in the first line, 
the words: — vested or, — and by striking out the words 
"who has an estate in possession of such land", in the 
fourth line, and inserting in place thereof the words: — 
having an estate or interest therein, either present or future, 
vested or contingent, — so as to read as follows : — Section 
Sale of land 28. If land is subject to a vested or contingent remainder, 
vested or con- exccutory dcvisc or power of appointment, the probate 
derretc.'^^™'*'"" court for the county in which such land is situated may, 
upon the petition of any person having an estate or interest 
therein, either present or future, vested or contingent, and 
after notice and other proceedings as hereinafter required, 
appoint one or more trustees and authorize him or them to 
sell and convey such land or any part thereof in fee simple, 
if such sale and conveyance appears to the court to be 
necessary or expedient, or to mortgage the same, either 
witli or without a power of sale, for such an amount, on 
such terms and for such purposes as may seem to the court 
judicious or expedient; and such conveyance or mortgage 
shall be valid and binding upon all parties. 
Repeal. Section 2. Scctiou twcuty-nine of said chapter one 

hundred and twenty-seven, as amended by section one of 
chapter one hundred and eight of the acts of the year nine- 
teen hundred and fourteen, is hereby repealed. 
^iided'^^*^' Section 3. Section thirty of said chapter one hundred 
and twenty-seven is hereby amended by striking out the 
words "the two preceding sections", in the first and second 
lines, and inserting in place thereof the words: — section 
twenty-eight, — so as to read as follows : — Section 30. 



General Acts, 1917. — Chap. 307. 315 

Notice of a petition under the provisions of section twenty- Proceedings on 

• 1 X u n u • • u J.U X 1 ^^^^ petition. 

eight shah be given, m such manner as the court may order, 
to ah persons who are or who may become interested in the 
land to which the petition relates, and to all persons whose 
issue, not in being, may become interested therein; and the 
court shall of its own motion in every case appoint a suitable 
person to appear and act therein as the next friend of all 
minors, persons not ascertained, and persons not in being, 
who are or may become interested in such land; and the 
provisions of , sections twenty-three and twenty-four of 
chapter one hundred and forty-five, which are not incon- 
sistent herewith, shall apply in the case of such appoint- 
ment. 

Section 4. Section thirty-one of said chapter one hun- ^ l 127, § 31, 
dred and twenty-seven is hereby amended by striking out amended, 
the words "or twenty-nine", in the second line, so as to 
read as follows: — Section SI. A trustee who is appointed ftc^'liuniTTOs 
under the provisions of section twenty-eight shall give bond making the 
in such form and for such amount as the court appointing mortgage. 
him may order, and he shall receive and hold, invest or 
apply the proceeds of any sale or mortgage made by him 
for the benefit of the persons who would have been entitled 
to the land if such sale or mortgage had not been made, and 
the probate court of any county in which any part of such 
land is situated shall have jurisdiction of all matters there- 
after arising relative to such trust. 

Section 5. This act shall take effect on the first day of '^q^^^°^''^^ 
September in the year nineteen hundred and seventeen. 

Approved May 25, 1917. 

An Act rel.\tive to the taking effect of certain CJiav 307 

ORDERS, rules AND REGULATIONS. 

Be it enacted, etc., as follows: 

Section 1. Every commission, board or ofiicial vested made^'by state 
by law with the power to make and issue rules and regula- commissions, 
. , • 111 PI ^**'' "°* *° 

tions general in scope, and to be observed or performed take effect 

under penalty for the violation thereof, shall file attested filed with 
copies thereof, together with a citation of the law by au- the'^common- 
thority of which the same purport to have been issued, with ^®^'*'^- 
the secretary of the commonwealth, and such rules and 
regulations shall not take effect until so filed. Nothing Act not to 
herein contained shall be deemed to apply to rules and or town^.^tc".^ 
regulations issued by commissions, boards or officials of 



316 



General Acts, 1917. — Chap. 308. 



Rules, etc., to 
be void unless 
filed within six 
months, etc. 



To be pub- 
lished in public 
document 
form. 



Act, how to 
apply. 



cities or towns, or to municipal ordinances or by-laws, or to 
rules and regulations affecting solely the internal manage- 
ment or discipline of a commission or board, nor to orders 
or decrees made in specific cases within the jurisdiction of a 
commission, board or official. 

Section 2. Every such order, rule or regulation now in 
effect shall, within six months after the passage of this act, 
be filed in accordance with the provisions of section one, and 
in default of such filing shall become null and void. 

Section 3. The secretary of the commonwealth shall 
annually, and oftener if he deems it necessary, publish as a 
public document all orders, rules and regulations filed with 
him under the provisions hereof, together with such indexes 
and references to preceding rules and regulations as maj' be 
necessary. 

Section 4. This act shall apply to orders, rules and 
regulations issued by a commission, board or ofliicial whether 
or not they require the approval of the governor and council, 
or other authority, before taking effect. 

.Ipproved May 25, 1917. 



Chap. SOS An Act granting the consent of the commonwealth 
TO the acquisition by the united states of little 

HOG AND CALF ISLANDS IN BOSTON HARBOR. 

Be it enacted, etc., a^s foUows: 

Section 1. The consent of the commonwealth of Massa- 
chusetts is hereby granted to the United States of America 
to acquire by purchase or condemnation Little Hog and 
Calf islands in Boston harbor, the same to be used for the 
purposes of national defence. 

Section 2. Jurisdiction over the said islands is hereby 
granted and ceded to the United States, but upon the express 
condition that this commonwealth shall retain a concurrent 
jurisdiction with the United States, in and over the islands 
so acquired, in so far that all civil processes, and such criminal 
processes as may issue mider the authority of this com- 
monwealth against any person or persons charged with 
crimes committed without the said islands, may be executed 
thereon in the same manner as though this consent and 
cession had not been granted. Approved May 25, 1917. 



United States 
may acquire 
Little Hog and 
fJalf islands in 
Boston harbor. 



Jurisdiction 
of the com- 
monwealth. 



General Acts, 1917. — Chaps. 309, 310. 317 



An Act relative to sales of real estate of deceased Chav.309 

PERSONS. 

Be it enacted, etc., as follows: 

Section 1. Upon any petition by an executor or ad- ^ll^°lf'''"^^ 
ministrator to sell real estate of a deceased person, if it deceased 
shall appear that a surviving husband is or may be entitled 
to an estate of curtesj^ or a surviving wife to an estate of 
dower in the premises to be sold, the probate court may, if 
the petitioner so requests, and after notice, license him to 
sell the same free and clear of any such interest or claim 
on the part of the surviving husband or wife. One third of 
the proceeds of the sale shall thereupon be set apart for the 
period during which such curtesy or dower may be claimed, 
and if a claim is duly made therefor the court shall appoint 
a trustee to administer the same in accordance with the 
provisions of section thirty-seven of chapter two hundred 
and seventy-nine of the General Acts of the year nineteen 
hundred and seventeen, unless the parties in interest shall 
otherwise agree upon a division of the proceeds without the 
appointment of a trustee, and the probate court shall have 
power to approve of any such agreement on the part of the 
executor or administrator. 

Section 2. This act shall take effect on the first day of when to take 
September in the year nineteen hundred and seventeen. 

Approved May 25, 1917. 

An Act to authorize the homestead comimission to C/iap.310 

PROVIDE homesteads FOR CITIZENS. 

Be it enacted, etc., as follows: 

Section 1. The homestead commission is hereby au- Homestead 
thorized, with the consent of the governor and council, to authorized to 
take or purchase in behalf of and in the name of the com- ho^teads for 
monwealth, a tract or tracts of land for the purpose of "t^^^^^- 
relieving congestion of population and providing home- 
steads, or small houses and plots of ground, for mechanics, 
laborers, wage earners of any kind, or others, citizens of 
this commonwealth; and may hold, improve, subdivide, 
build upon, sell, repurchase, manage and care for such land 
and the buildings constructed thereon, in accordance with 
such terms and conditions as may be determined upon by 
the commission. 



318 General Acts, 1917. — Chaps. 311, 312. 

^qiii'red!may Section 2. The commissioii may sell land acquired here- 
be sold. etc. under, or any parts thereof, with or without buildings 
thereon, for cash, or upon such instalments, terms and con- 
tracts, and subject to such restrictions and conditions as may 
be determined upon by the commission, but no tract of land 
shall be sold for less than its cost, including the cost of any 
buildings thereon. All proceeds from the sale of land and 
buildings or other sources shall be paid into the treasury of 
the commonwealth. 
no?exc^ding SECTION 3. The homestcad commission is hereby au- 
«3o,ooo. thorized to expend a sum not exceeding fifty thousand 

dollars for the purposes of this act. 
Section 4. This act shall take effect upon its passage. 

Approved May 25, 1917. 



Chap. "^11 Ax Act relative to the manner of rendering the 

"star spangled banner." 

Be it enacted, etc., as follows: 

^d^^a^\he^^'^' Section 1. It shall be unlawful in this commonwealth 
■_; Star" Spangled to play, siug or rcudcr the "Star Spangled Banner" in any 
Banner" public placc, theatre, motion-picture hall, restaurant or 

cafe, or at any public entertainment, other than as a whole 
and separate composition or number, without embellish- 
ment or addition in the way of national or other melodies, or 
to play, sing or render the "Star Spangled Banner", or any 
part thereof as dance mueic, as an exit march or as part 
of a medley of any kind. 
Penalty. Section 2. Any violation of this act shall be punished 

by a fine of not more than one hundred dollars. 

Approved May 25, 1917. 



Chap. ^12 An Act to provide for the better protection of the 

LOBSTER INDUSTRY. 

Be it enacted, etc., as follows: 

i^b^teS"^ Section 1. No person either as principal, agent, or em- 

reguiated. ploycc shall at any time catch or take lobsters from any 
waters within the jurisdiction of the commonwealth, or 
place, set, keep, maintain, supervise, lift, raise, or draw in 
or from the said waters, or cause to be placed, set, kept, 
maintained, supervised, lifted, raised, or drawn in or from 
the said waters any pot, trap, or other contrivance designed 



General Acts, 1917. — Chap. 312. 319 

for, or adapted to, the taking of lobsters, unless licensed so 
to do as hereinafter provided. 

Section 2. The clerk of any city or town in the counties Licenses may 
of Essex, Middlesex, Suffolk, Norfolk, Pl;ymouth, Barnstable, cerShT ^ 
Bristol, Dukes or Nantucket, situated on the shores of this *=°'^''*'^^- 
commonwealth, shall, in the manner and subject to the pro- 
visions hereinafter set forth, grant licenses to catch or take 
lobsters from the waters of the commonwealth within three 
miles of the county within which the city or town granting 
the license is situated. Such a license shall be granted to 
any applicant who has resided in the commonwealth for a 
period of at least one year next preceding the date of the 
same. Non-residents transiently or temporarily residing in 
any city or town granting such licenses may, during the 
months of June, July, August and September in each year, 
upon payment of the fee hereinafter provided, procure a 
license to take lobsters for consumption of the licensee and 
his family only. Applications for licenses shall be made on 
special forms provided by the board of commissioners on 
fisheries and game. Licenses, except those granted to non- 
residents, shall expire on the thirty-first day of October 
next succeeding the granting of the same unless sooner 
revoked as hereinafter provided. The cit}' or town clerk License fee, 
granting a license, shall collect therefor a fee of one dollar, ^*''' 
which shall be paid to the treasurer and receiver general on 
the first Monday of every month. Upon the granting of a 
license hereunder, the city or town clerk shall forthwith 
forward to the board of commissioners on fisheries and game 
the name and address of the licensee, the number of the 
license and the date of its expiration. 

An applicant for a license under the provisions of this act Buoys to have 
shall state the color scheme or other special markings of the f,?|s'^ """"^ ' 
buoys to be used by him which shall be set forth in his 
license, and all buoys used by him shall be marked accord- 
ingly. 

A person licensed hereunder within the county of Norfolk Norfolk 
shall have the right to fish in the waters of the two adjoining fi^ns«;s 
counties. ^ ^ _ f^righr 

Section 3. A licensee hereunder shall at all times while Licensee to ex- 
acting in pursuance of the license exhibit his license upon aiuimel,°etc^*^ 
the demand of any commissioner, deputy commissioner or 
local fish and game warden. 

Section 4. The conviction for a second time of a person Penalty for 
licensed hereunder of catching short lobsters, or taking seed tfra^etr"^"^ 



320 



General Acts, 1917. — Chap. 313. 



Proviso. 



I^icensee to 
iile report of 
catch, etc. 



Penalty. 



Repeal. 



When to take 
effect. 



lobsters, or of interfering with the pots or gear of any other 
fisherman shall render his license void, and the same shall 
immediately be surrendered to the officer who secured the 
conviction, and the person so convicted shall not be entitled 
to receive another license for a period of one year from the 
date of such conviction: 'provided, however, that no person 
licensed under the provisions of this act shall lose his license 
unless more than two per cent in count of the lobsters in his 
possession are short lobsters. 

Section 5. A licensee hereunder shall, before receiving 
a new license, file a report of his catch of the previous year 
with the city or town clerk, who shall forthwith forward the 
same to the board of commissioners on fisheries and game, 
and the commissioners in their annual report shall state the 
number of licenses granted under the provisions of this act, 
and the names of the licensees. 

Section 6. Any violation of the provisions of section one 
of this act shall be punished by a fine of not less than ten 
dollars. 

Section 7. Chapter two hundred and sixty-five of the 
acts of the year nineteen hundred and nine is hereby re- 
pealed. 

Section 8. This act shall take effect on the first day of 
November in the year nineteen hundred and seventeen. 

Approved May 25, 1917. 



Grafton state 
hospital, 
additional 
water supply. 



C/?.ap. 3 13 An Act to authorize the commission on mental 

DISEASES TO ACQUIRE AN ADDITIONAL WATER SUPPLY FOR 
THE GRAFTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The commission on mental diseases, for the 
purpose of supplying the Grafton state hospital with pure 
water for domestic and other purposes, may take, or acquire 
by purchase or otherwise, and hold, the waters of any pond 
or stream, or of any ground sources of supply, by means of 
driven, artesian or other w^ells within the limits of the town 
of Grafton, and the water rights connected with any such 
water sources, and may also take, or acquire by purchase 
or otherwise, and hold, all lands, rights of way and ease- 
ments necessary for collecting, storing, holding, purifying 
and preserving the purity of the water and for conveying 
the same to any part of the lands owned by the common- 
Proviso, wealth: provided, hoivever, that no source of water supply 



General Acts, 1917. — Chap. 313. 321 

and no lands necessary for preserving the quality of the 
water shall be taken or used without first obtaining the 
advice and approval of the state department of health, and 
that the situation of all dams, reservoirs and wells to be 
used as sources of water supply under this act shall be 
subject to the approval of the state department of health. 

Section 2. Said commission may construct on lands Construction 
acquired under the provisions of this act proper dams, reser- reservoirs, etc. 
voirs, standpipes, tanks, buildings, fixtures and other struc- 
tures, and may make excavations, procure and operate 
machinery and provide such other means and appliances, 
and do such other things as may be necessary for the estab- 
lishment and maintenance of complete and effective water 
works ; and for that purpose may construct wells and reser- May lay pipes, 
voirs and establish pumping works, and may construct, lay 
and maintain aqueducts, conduits, pipes and other works 
under or over any lands, water courses, railroads, railways, 
and public or other ways, and along such ways in the towns 
of Northborough, Westborough and Grafton in such manner 
as not unnecessarily to obstruct the same; and for the 
purpose of constructing, laying, maintaining, operating and 
repairing such conduits, pipes and other works, and for all 
other proper purposes of this act, said commission may dig 
up or raise and embank lands, highways or other ways, in 
such manner as to cause the least hindrance to public travel 
on such ways, and all things done upon any such way shall 
be subject to the direction of the selectmen of the town in 
which the way is situated. Said commission shall not enter Not to enter 
upon, construct or lay any conduits, pipes or other works k^tion/°* 
within the location of any railroad corporation, except at """^^p*- "**'■ 
such time and in such manner as it may agree upon with 
such corporation, or in case of failure to so agree, as may be 
approved by the public service commission. 

Section 3. Said commission shall, within ninety days Description of 
after the taking of any lands, rights of way, water rights, taken to be 
water sources or easements, under the provisions of this act, recorded. 
file and cause to be recorded in the registry of deeds for 
the county of Worcester, a description thereof sufficiently 
specific for identification, with a statement of the purposes 
for which the same were taken duly signed by the com- 
mission. 

Section 4. The commonwealth shall pay all damages Damages, how 

.•11 , • 1 ,1 , 1 • !• assessed and 

sustamed by any person or corporation by the taking or any determined. 
land, right of way, water, water source, water right or ease- 



322 



General Acts, 1917. — Chap. 314. 



Penalty for 
polluting 
water, etc. 



May expend a 
certain sum, 
etc., for pur- 
poses of the 
act. 



ment, or by any other thing done by said commission under 
the authority of this act. Any person or corporation sus- 
taining damages as aforesaid and faiHng to agree with the 
commission as to the amount thereof may have the damages 
assessed and determined in the manner provided by law in 
the case of land taken lor laying out highways, on applica- 
tion at any time within the period of two years from the 
taking of such land or other property or the doing of other 
injury imder the authority of this act; but no such appli- 
cation shall be made after the expiration of said two years, 
and no assessment for damages shall be made for the taking 
of any water, water right, or any injury thereto, and the 
said period of two years shall not begin to run, until the 
water is actually withdrawn or diverted by said com.mission 
under the authority of this act. 

Section 5. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, standpipe, 
aqueduct, pipe or other property owned or used by the com- 
monwealth for the purposes of this act shall forfeit and pay 
to the commonwealth three times the amount of damages 
assessed therefor to be recovered in an action of tort; and 
upon conviction of any of the above acts shall be punished 
by a fine not exceeding one hundred dollars or by imprison- 
ment in jail for a term not exceeding six months. 

Section 6. For the purpose of carrying out the pro- 
visions of this act, the said commissioners are authorized to 
expend a sum not exceeding one hundred and five thousand 
dollars, to be paid out of the treasury of the commonwealth 
from the ordinary revenue. 

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

Approved May 25, 1917. 



Chap. S14: An Act to authorize the metropolitan water and 

SEWERAGE BOARD TO SELL AND DELIVER WATER TO CON- 
CENTRATION CAMPS ESTABLISHED BY THE UNITED STATES. 

Be it enacted, etc., a^ follows: 

Section 1. The metropolitan water and sewerage board 
is authorized to sell and deliver water from any of the reser- 
voirs or aqueducts of the metropolitan water system to any 
concentration camp established in this commonwealth by 
the United States, and to lay and maintain such pipe lines 
and other works as may be necessary for the purpose, upon 



Metropolitan 
water and 
sewerage board 
may sell, etc., 
water to 
United States 
concentration 
camps. 



General Acts, 1917. — Chap. 315. 323 

such terms and conditions as may be agreed upon by the 
duly authorized officer or representative of the United 
States government and said board. 

Section 2. The provisions of chapter four hundred and ^^f^f f^^^'l^ 
eighty-eight of the acts of the year eighteen hundred and apply, 
ninety-five and acts in amendment thereof shall apply to 
this act. 

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

Approved May 25, 1917. 

An Act to provide for the construction of a new C}iav.?>\b 

BRIDGE over THE MONATIQUOT RIVER IN THE TOWN OF 
BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Norfolk county Norfolk county 
are hereby directed, within eighteen months after the passage m^"^^nLt?uct 
of this act, subject to the provisions of chapter ninety-six ovrrMoMU- 
of the Revised Laws, of the amendments thereof, and of IraLtl^' ''* 
all other general laws which may be applicable, to remove 
the existing bridge or bridges and to construct a new bridge 
with suitable approaches, substantially replacing the present 
bridge over Monatiquot river, so-called, on Quincy avenue 
in the town of Braintree, at an expense not exceeding one 
hundred and ten thousand dollars. The said bridge shall be 
constructed with a draw having an opening not less than 
fifty feet wide, and shall be of such width, grade, material 
and construction as said board of commissioners shall deem 
necessary or proper. 

Section 2. The cost and expenses incurred hereunder commissioners 
shall in the first instance be paid by the county of Norfolk, rate Tc^count of 
and the county commissioners are hereby directed to borrow row^d^ete!'^ 
on the credit of the county such sums of money as may 
from time to time be required therefor. All money 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 accomit of all moneys borrowed and expended in- 
cluding interest. 

Section 3. The said county commissioners are hereby Contracts to 
authorized to make all contracts which may be necessary bridge. 
for the construction of said bridge: provided, however, that Proviso. 
no contract so made shall be valid until it is approved by 
the governor and council. 



324 



General Acts, 1917. — Chap. 315. 



May acquire 
certain property 
or property 
rights, etc. 



Damages, how 
determined. 



Proviso. 



Detailed state- 
ment of cost, 
etc., to be 
filed. 



Court to ap- 
point board to 
assess amounts 
to be paid by 
counties, etc., 
benefited by 
the bridge. 



Section 4. The said commissioners are hereby author- 
ized to take in fee simple, or to acquire by purchase or 
otherwise, any lands with the structures thereon or any 
property or property rights, including the location of any 
street railway company, which in their judgment may be 
required in the building of said bridge. 

Section 5. The said commissioners shall estimate and 
determine all damages that may be sustained by any person 
or corporation by the taking of land or other property, or 
injury thereto, as aforesaid; but any person or corporation 
aggrieved by their determination may have his or its dam- 
ages assessed by a jury in the manner provided by law^ 
with respect to damages sustained by reason of the laying 
out of highways: lyrovided, hoirever, that if the street railway 
company or companies now owning or operating the street 
railway across said river at said bridge shall receive a loca- 
tion for a single track railway on the bridge to be built 
under this act, the location on the new bridge shall be ac- 
cepted as full compensation for loss of the present bridge 
and railway location across said river. 

Section 6. When the said bridge and approaches are 
completed and the full cost and expenses of the same, in- 
cluding the damages if any, awarded under the preceding 
section, are ascertained, the county commissioners shall file 
in the office of the clerk of the superior court for the county 
of Norfolk their report of the fact, together with a detailed 
statement of the amount of the cost and expenses; where- 
upon, and upon the application of the county commissioners 
or of any party interested, and after such notice as the said 
court may order, the court shall appoint a board of three 
commissioners, none of whom shall be a resident of or have 
his usual place of business in the county of Norfolk or in 
the county of Plymouth. The said commissioners shah be 
sworn to the faithful discharge of their duties, and, after 
proper notice and a full hearing of all parties interested, 
shall assess the amount paid out by the county of Norfolk, 
including interest paid on moneys borrowed under the 
authority of section two of this act, in such manner and 
proportion as they shall deem just and equitable upon the 
counties of Plymouth and Norfolk, the city of Quincy, the 
towns of Weymouth and Braintree, such street railway cor- 
poration as shall have a location upon the new bridge, and 
such other counties, cities, tow^ns and quasi public corpora- 
tions as they shall determine to be specially benefited by 



General Acts, 1917. — Chap. 316. 325 

the bridge, and shall return their award into the said court. 
When the award has been accepted by the court, it shall be a^'^'''^^'']'.® 
a final adjudication of all matters referred to said commis- tion, etc. 
sioners, and shall be binding on all parties named therein; 
and such proceedings may be had to enforce the judgment 
or decree of the court, and to carry into effect the provisions 
of this act as are provided by law in civil cases in the said 
court. The counties, cities, towns and corporations so 
assessed shall, within such time and in such manner as said 
commissioners shall determine, pay into the treasury of the 
county of Norfolk the amount assessed upon them, with 
interest. 

Section 7. The commissioners appointed under section Amount 
six of this act, and the county commissioners shall severally services, etc.. 
receive such pay for their services and expenses hereunder ^st of brfdge" 
as shall be approved by a justice of the said court; and the 
amount so allowed shall be added to and made a part of the 
cost of the bridge. 

Section 8. The maintenance and repair of said bridge, Maintenance 
including the operation of the draw, shall be in the charge bridge^''^° 
of the selectmen of the towns of Weymouth and Braintree. 
The cost of maintaining the bridge and of keeping the same 
in repair, including the cost of operating the draw therein, 
shall be borne, and in the same proportions, by those who 
pay the original cost of the bridge as provided in section six 
of this act. 

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

Ajjjnoved May 25, 1917. 

An Act to authorize the metropolitan park comimission Cha'p.?t\Q 
to pay certain claims arising from the takings of 
land for a boulevard from quincy to quincy shore 
reservation. 

Be it enacted, etc., as foUcnvs: 

Section 1. The metropolitan park commission is hereby Metropolitan 
authorized to expend a further sum not exceeding eight ftm i^y pay 
thousand dollars for the satisfaction of claims arising out of for*iand''taten 
takings of land in Quincy for the extension of a parkway or •"'"o^iicj.*''^ 
boulevard from Hancock street in that city to Quincy shore 
reservation, as authorized by chapter six hundred and ninety- 
nine of the acts of the year nineteen hundred and twelve. 

Section 2. For the purpose aforesaid, the treasurer and ST/dafeus. 
receiver general is hereby authorized, with the approval of 



326 General Acts, 1917. — Chap. 317. 

the governor and council, to issue, in behalf of the common- 
wealth and under its seal, bonds or certificates of indebted- 
ness, either registered or with interest coupons attached, to 
an amount not exceeding eight thousand dollars, for a term 
Metrop^tan not exceeding eight years. Said securities shall bear interest 
Series Two.' at a rate not exceeding four per cent per annum, payable 
semi-annually, shall be designated on their face, Metropolitan 
Parks Loan, Series Two, shall be countersigned by the 
governor, and shall be deemed a pledge of the faith and 
, credit of the commonwealth; and the principal and interest 

thereof shall be paid at the time specified therein, in gold 
coin of the United States or its equivalent. The said securities 
shall be issued upon the serial payment plan, in accordance 
with the provisions of chapter three of the acts of the year 
nineteen hundred and twelve. 
Section 3. This act shall take effect upon its passage. 

Approved May 25, 1917. 



Chap. 317 An Act rel.\tive to the distribution op the tax on 

INCOMES FOfe the YEAR NINETEEN HUNDRED AND 
EIGHTEEN. 

Be it enacted, etc., as follows: 

tex oSomei On or bcforc the fifteenth day of November in the year 
for 1918 to cities nineteen hundred and eighteen the treasurer and receiver 

and towns. ° . , l . 

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 sixteen and the amount, computed by the 
tax commissioner, that v^'Ould be produced by a tax upon 
the personal property actually assessed in such city or town 
for the year nineteen hundred and eighteen at the same rate 
of taxation as prevailed therein in. the year nineteen hun- 
dred and sixteen. If the amount of taxes collected from 
incomes shall exceed the sum necessary to make such pay- 
ments, the balance shall be distributed among the several 
cities and to\vns in proportion to the amount of the state 
tax imposed upon each of them in the year nineteen hundred 

Proviso. and eighteen: 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 eighteen, and abated taxes repaid 

Generai^ourt hereunder during that year. In years subsequent to nine- 



General Acts, 1917. — Chaps. 318, 319. 327 

teen hundred and eighteen, the taxes collected under this distribution 
act shall be distributed as the general court may determine, lois. 

Approved May 25, 1917. 

An Act to provide for the compulsory attendance Chwp.ZlS 

AND TESTIMONY OF WITNESSES IN CERTAIN INVESTIGATIONS 
HELD BY THE ATTORNEY-GENERAL. 

Be it enacted, etc., as follows: 

Section 1. If it appears to the attorney-general that witnesses may 

. ,, 1 • I • (• 1 i_ be summoned 

there is, cause to mvestigate any alleged violation or law by to attend and 
reason of monopolies, unlawful discriminations or combina- tain investiga- 
tions, or other unlawful practices in restraint of trade, he the^attomey^ 
may require by summons the attendance and testimony of general, 
witnesses and the production of books and papers before 
him relating to any such matter under investigation. Such 
summonses may be issued by the attorney-general or by 
any of his assistants. They shall be served in the same 
maimer as summonses for witnesses in criminal cases issued 
on behalf of the commonwealth, and all provisions of law 
relative to summonses issued in such cases shall apply to 
summonses issued under this act, so far as they are applicable. 
Such witnesses shall, before testifying, be sworn by the witnesses to be 
attorney-general or by an assistant designated by him. ^^*'™' 

Section 2. Any justice of the supreme judicial court or justices of cer- 
of the superior court may, upon application of the attorney- mlyTOmlii 
general, compel the attendance of witnesses and the giving attendance of 



witnesses. 



of testimony before the attorney-general in the same manner 
and to the same extent as before said courts. 

Section 3. The provisions of this act shall be and con- Act to continue 
tinue in force only so long as the present state of war exists, the pre^sent""^ 



Approved May 25, 1917. 



war. 



An Act to establish the salaries of the justice and (Jjiofn 319 

CLERK OF THE SECOND DISTRICT COURT OF EASTERN 
MIDDLESEX. 

Be it enacted, etc., as follows: 

The second district court of eastern Middlesex shall be Salaries of jus- 
included in Class E as defined in section one of chapter four oUhTseTOnd 
hundred and fifty-three of the acts of the year nineteen orerster*^""^*^ 
hundred and four, as amended by section one of chapter ^i^bUghed 
three hundred and twenty-five of the acts of the year nine- 
teen hundred and six, and shall cease to be included in 



328 



General Acts, 1917. — Chaps. 320, 321, 



Class F as defined in section one of said chapter foiu* hun- 
dred and fifty-three, as amended by section two of said 
chapter three hundred and twenty-five and by section one 
of chapter one hundred and twenty-eight of the acts of the 
year nineteen hundred and seven. 

A jj proved May 25, 1917. 



Chap. 320 An Act to establish the salary of the chief deputy 

SHERIFF OF AUDDLEvSEX COUNTY. 



1916, 133 (G). 
amended. 



Salary of chief 
deputy sheriff 
of Middlesex 
county estab- 
lished. 



To take effect 
upon accept- 
ance by Mid- 
dlesex county 
commissioners. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-three of the 
General Acts of the year nineteen hundred and sixteen is 
hereby amended by adding at the end thereof the following: 
— He shall be paid the sum of twenty-one hundred dollars a 
year, payable in equal monthly instalments by the county 
of Middlesex, — so as to read as follows : — The sheriff of 
the county of Middlesex may appoint one of the court 
officers of the superior court to act as chief deputy 
sherift' for attendance on the superior court of said county. 
Such officer, under the orders of the sheriff, and in addi- 
tion to his regular duties as a court officer, shall super- 
vise, 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. He shall be paid the sum of twenty- 
one hundred dollars a year, payable in equal monthly in- 
stalments by the county of IMiddlesex. 

Section 2. This act shall take eflfect upon its acceptance 
by the board of county commissioners of the county of 
Middlesex, on or before the first day of December of the 



current year. 



Approved May 25, 1917. 



Chap. 321 An Act to establish the Massachusetts bureau of 

IMMIGRATION. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts Bureau of Immigration 
is hereby established to consist of five persons, to be ap- 
pointed by the governor with the advice and consent of the 
council, for terms of one, two, three, four and five years, 
respectively, from the first day of June, nineteen hundred 
and seventeen, as the governor may specify. One member 
shall be a woman, and at least two members shall by nativity 



Massachusetts 
bureau of im- 
migration 
established. 



General Acts, 1917. — Chap. 321. 329 

or descent be of the races most largely represented in the 

immigration to Massachusetts during the ten years preceding 

their appointment. Thereafter, as the term of an}' member 

expires, the governor shall annually appoint, in like manner, 

one member for the term of five years. He shall fill any Vacancies. 

vacancy for the unexpired term, and may remove any 

member for cause with the approval of the council. The Chairman 

governor shall designate one member to serve as chairman immigration. 

who may be known as the director of immigration. All of 

the members shall serve without compensation, but they 

shall be reimbursed for expenses necessarily incurred in the 

performance of their duties, and they shall be furnished 

with suitable quarters in the state house. The bureau may Appointinent 

appoint an executive secretary, clerks and other assistants, secretary, etc. 

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 it may deem necessary and proper, subject, however, to 

the approval of the governor and council. 

Section 2. It shall be the duty of the bureau to employ Duties of the 
such methods, subject to existing laws, as, in its judgment, 
will tend to bring into sympathetic and mutually helpful 
relations the commonwealth and its residents of foreign 
origin, to protect immigrants from exploitation and abuse, 
to stimulate their acquisition and mastery of the English 
language, to develop their understanding of American gov- . 
ernment, institutions and ideals, and generally to promote 
their assimilation and naturalization. For the above pur- 
poses, the bureau shall have authority to co-operate with 
other officers, boards, bureaus, commissions and depart- 
ments of the commonwealth, and with all public agencies, 
federal, state or municipal. It shall have authority to May require 
investigate the exploitation or abuse of immigrants, and in attend, etc.. 
making any investigation it may require the attendance of kivestigationl 
witnesses and the production of books and documents re- 
lating to the matter under investigation. 

Section 3. The commission is hereby authorized to ex- Authorized to 
pend for the purposes of this act during the current fiscal sum.° 
year a sum not exceeding ten thousand dollars. 

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

Approved May 25, 1917. 



330 



General Acts, 1917. — Chaps. 322, 323. 



Chap. S22 An Act to provide for the construction of a water 

MAIN IN THE EAST BOSTON DISTRICT OF THE CITY OF 
BOSTON BY THE METROPOLITAN WATER AND SEWERAGE 
BOARD. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board 
is hereby authorized to construct a new thirty-six inch 
water main about eighteen hundred feet in length to pro- 
vide an additional suppl}^ of water for the East Boston 
district of the city of Boston. 

Section 2. To meet the expenses incurred under the 
provisions of this act, the treasiu*er and receiver general 
shall issue from time to time, upon the request of said board, 
bonds in the name and behalf of the commonwealth and 
under its seal, designated on the face thereof Metropolitan 
Water Loan, Act of 1917, to an amount not exceeding thirty 
thousand dollars, to be taken from the unexpended balance 
of the amoimt authorized 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 amendment thereof and in addition thereto, shall, so 
far as applicable, apply to the indebtedness and proceed- 
ings authorized by this act. 

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

Approved May 25, 1917. 



New water 
main for East 
Boston. 



May issue 
bonds. 



Metropolitan 
Water Loan, 
Act of 1917. 



C/iap. 323 An Act to authorize temporary increase in the com- 
pensation OF certain employees of the common- 
wealth. 

Be it enacted, etc., as follows: 

Section 1. All persons who have been regularly in the 
employ of the commonwealth from the first day of July in 
the year nineteen hundred and sixteen, including the pages 
of the senate and house of representatives appointed in the 
year nineteen hundred and sixteen, and whose annual com- 
pensation in full for all services rendered does not exceed 
fifteen hundred dollars, shall, until final action shall have 
been taken upon the report of the governor's council on the 
standardization of salaries of employees of the common- 
wealth under the authority of an order adopted in the 



Temporary 
increase in 
compensation 
of certain em- 
ployees of the 
common- 
wealth. 



General Acts, 1917. — Chap. 323. 331 

senate on the sixteenth day of March and in the house of 
representatives on the seventeenth day of March in the 
year nineteen hundred and sixteen, receive additional com- 
pensation as hereinafter provided. 

Section 2. The compensation of all employees who are Twenty per 

1 T 1 . . 1 • • e J.' , 1 • !■■ cent increase 

mcluded m the provisions or section one, except as hereinatter but not to ex- 
provided, shall, for the period specified therein, be increased amoultt^etc. 
twenty per cent from and after the first day of July in the 
current year, but in no event shall such additional compensa- 
tion exceed one hundred dollars per year, nor shall the 
total compensation paid to any employee exceed fifteen 
hundred dollars per year. The above increase shall be com- To be com- 
puted upon the compensation Avhich the employee was compensation 
receiving on the first day of July in the year nineteen hun- " ^ ' 
dred and sixteen. 

Section 3. All persons included in the provisions of additionaf 
section one who are receiving from the commonwealth as a compensation 
part of their compensation maintenance in full or in part, persons receiv- 
provided that the amount of compensation which they nance. 
receive in full for all services in addition to such mainte- 
nance does not exceed twelve hundred dollars a year, shall, 
for the period specified in said section, receive as additional 
compensation a sum equal to one half the additional com- 
pensation provided for by section two. All employees who Limitation. 
are receiving as part of their compensation maintenance in 
whole or in part and whose compensation, other than main- 
tenance, exceeds the sum of twelve hmidred dollars a year, 
shall not be entitled to additional compensation under the 
provisions of this act. 

Section 4. This act shall not be construed as in any Act, how to be 

i" i*i* a. • ^• t ^1 • construed. 

way repealing or abridging any act providing tor the increase 
of compensation of any employees of the commonwealth, 
including employees whose salaries, under existing pro- 
visions of law, are made to increase automatically, by gradu- 
ated instalments, from year to year, until the maximum 
therein provided has been reached, but employees who 
accept additional compensation under the provisions of this 
act shall not, during such time as they shall continue to 
receive the additional compensation herem provided for, be ' 
entitled to the benefit of any increase in compensation which 
they may have received since the first day of July in the 
year nineteen hundred and sixteen, or to which they may 
hereafter become entitled. But any such employee may at 
any time elect to receive any increase in compensation to 



332 



General Acts, 1917. — Chaps. 324, 325. 



which he might otherwise be entitled in heu of the addi- 
tional compensation hereby provided for. 
Section 5. This act shall take effect upon its passage. 

Approved May 25, 1917. 



Governor may 
incur war 
emergency 
expenses. 



May issue 
bonds, etc. 



C/zap. 324 An Act authorizing the governor to incur emergency 

EXPENSES incident TO THE EXISTING STATE OP WAR. 

Be it enacted, etc., as follows: 

Section 1 . The governor with the consent of the council 
is hereby authorized to incur expenses not exceeding one 
million dollars to meet any emergency which may arise 
during the recess of the general court by reason of the 
exigencies of the existing state of war. 

Section 2. For the purpose of defraying the said ex- 
penses, the treasm'er and recei\'er general is hereby au- 
thorized, with the approval of the governor and council, to 
issue, in behalf of the commonwealth and mider its seal, 
bonds or certificates of indebtedness, either registered or 
with interest coupons attached, to an amoimt not exceeding 
one million dollars, for a term not exceeding ten years. Such 
bonds or certificates of indebtedness shall bear interest at a 
rate not exceeding four and one half per cent per annum, 
payable semi-annually. They shall be designated on their 
face, Massachusetts Emergency War Loan, Act of 1917, shall 
be countersigned by the governor and shall be deemed a 
pledge of the faith and credit of the commonwealth; and 
the principal and interest thereof shall be paid at the time 
specified therein, in gold coin of the United States or its 
equivalent. The said bonds or certificates of indebtedness 
shall be issued upon the serial payment plan, in accordance 
with the provisions of chapter three of the acts of the year 
nineteen hundred and twelve. 

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



Massachusetts 
Emergency 
War Loan, Act 
of 1917. 



Approved May 25, 19 1] 



Chav.S25 An Act to provide for the construction of a state 

AGRICULTURAL AND INDUSTRIAL BUILDING IN WEST 
SPRINGFIELD ON THE GROUNDS OF THE EASTERN STATES 
AGRICULTURAL AND INDUSTRIAL EXPOSITION, INC. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing a suitable and 
adequate building upon the grounds of the Eastern States 



Exposition 
Building 



General Acts, 1917. — Chap. 325. 333 

Agricultiu'al and Industrial Exposition, Inc., for the ex- Commission 
hibition of the agricultural and industrial products of the 
commonwealth, a commission is hereby established, to be 
kno\vii as the Ex-jjosition Building Commission, which shall 
consist of the secretary of the state board of agriculture, and 
two members to be appointed by the governor, with the 
advice and consent of the council. 

Section 2. The said commission is hereby authorized f^rtJu^^. 
to expend a sum not exceeding fifty thousand dollars for the «*<= 
purpose of aiding in the construction of a building upon the 
said grounds and to make on behalf of the' commonwealth 
all contracts for the construction of said building: provided, Provisos. 
that they are approved by the governor and council; and 
provided, further, that before any contract is made, the 
Eastern States Agricultural and Industrial Exposition, Inc., 
shall have given to the commonwealth such conveyance or 
lease of land suitable for the proposed building, and subject 
to such terms and conditions as may be approved by the 
governor and council, and, provided, further, that the fifty 
thousand dollars authorized by this act shall not be available 
unless and mitil the Eastern States Agricultural and In- 
dustrial Exposition, Inc., has raised and set apart a sufficient 
sum to complete the said building. 

Section 3. No commissioner appointed under this act Nocommis- 

, ,, . ,' p \ • ' • ' sioner to re- 

shall receive any compensation tor his services m carrying ceiyecompen- 

,., • ' " l,iil.L'j. j.iTii • sation norbein- 

out its provisions, nor shall he be interested directly or in- terested in any 
directly in any contract made under this act, under penalty '^^^^^'^^- ®^''- 
of removal from office by the governor and council, and of 
punishment as provided in section nine of chapter two 
hundred and ten of the Revised Laws. 

Section 4. The said building may be used for the Purpose for 
purpose of exhibiting both agricultural and industrial may be used. 
products of the commonwealth, but shall be under the super- 
vision and control of the secretary of the state board of 
agriculture, and shall be maintained by and at the expense 
of the commonwealth. 

Section 5. For the purpose of defraying the expenses Appropriation 
incurred under the authority of this act, a sum not exceeding 
fifty thousand dollars is hereby appropriated to be paid out 
of the treasury of the commonwealth from the ordinary 
revenue. Approved May 25, 1917. 



334 



General Acts, 1917. — Chap. 326. 



R. L. 161, §5 6, 
9, 10, amended. 



Trial justices, 
appointment, 
etc. 



Number. 



Authority to 
receive com- 
plaints, etc. 



Chap.S26 An Act relative to the appointment, compensation 

AND JURISDICTION OF TRLA.L JUSTICES. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter one hundred and sixty-one of the 
Revised Laws is hereby amended by striking out sections 
six, nine and ten, and inserting in place thereof the follow- 
ing new sectiorLS : — Section 6. The governor, with the 
advice and consent of the council, may from time to time 
designate and commission justices of the peace as trial 
justices in the towns hereinafter named, and may at any 
time revoke such designation. Section 9. One such trial 
justice may be designated and commissioned in each of the 
jfollowing-named towns and in no other: Ludlow, Hardwick, 
Barre, Hudson, Hopkinton, Saugus, Nahant, INIarblehead, 
North Andover, Andover, Methuen and Nantucket. Section 
10. The said trial justices shall have authority to receive 
complaints, issue warrants and try criminal cases within the 
towTis where they are resident at the time when they are 
appointed and commissioned, except that the trial justices 
resident in Barre and Hardwick shall have concurrent 
jurisdiction of offences committed in the towns of New 
Braintree and Oaldiam. 

Section 2. Section twenty-eight of chapter twenty-four 
of the Revised Laws, sections eleven, twelve, thirteen and 
fourteen, as amended by section twenty-four of chapter five 
himdred and forty-four of the acts of the year nineteen 
hundred and two, fifteen, eighteen, nineteen, twenty, twenty- 
one, twenty-two, twenty-three, twenty-four, twenty-five, 
twenty-six, fifty-two and fifty-eight of chapter one hundred 
and sixty-one of the Revised Laws, and section five of 
chapter two hundred and four of the Revised Laws, as 
amended by section two of chapter thirty-eight of the acts 
of the year nineteen hundred and thirteen, are hereby re- 
pealed. 

Section 3. Section sixteen of chapter one hundred and 
sixty-one of the Revised Laws is hereby amended by striking 
out all after the word "place", in the third line, so as to 
read as follows: — Section 16. Actions before trial justices 
may be heard and determined at their dwelling houses or 
at any other convenient and suitable place. 

Section 4. Said chapter one hundred and sixty-one is 
hereby amended by striking out section twenty-eight and 



Repeal. 



R. L. 161, 5 16, 
amended. 



Where causes 
may be heard. 



R. L. 161, } 28. 
amended. 



General Acts, 1917. — Chap. 326. 335 



inserting in place thereof the following : — Section 28. Trial ^av iisue^r- 

justices may within the tow^ns for which they are appointed ""ants, etc. 

receive complaints and issue warrants against persons 

charged wath crime except as is otherwise provided by law. 

They may receive complaints and issue warrants in cases 

occurring within their respective towns which are outside 

their jurisdiction and j'et within the jurisdiction of a police, 

district or municipal court of the county, making the same 

returnable to that one of said courts having jurisdiction of 

the ofience alleged to have been committed. They may May take bail, 

take bail in all such cases and receive the statutory fees 

therefor. They may take bail in all cases of which they 

have jurisdiction, but shall receive no fee therefor except in 

cases where the defendants are admitted to bail within the 

hours of six o'clock p.m. and nine o'clock a.m. 

Section 5. Said chapter one hundred and sixty-one is R. l. lei. § 49. 
hereby amended by striking out section forty-nine and ^™^° 
inserting in place thereof the following: — Section ^9. They Records^and 
shall keep a record of all their judicial proceedings. They 
shall safely preserve all dockets and records of their judicial 
proceedings and other official papers in their custody, shall 
keep them open, under proper regulations, to public inspec- 
tion and examination, and shall furnish copies thereof upon 
request and upon payment of such fees as are allowed in 
similar cases to clerks of courts. 

Section 6. Section fifty-one of said chapter one hundred ^endid.' ^ ^^' 
and sixty-one is hereby amended by striking out the words 
"civil or criminal", in the second line, so as to read as fol- 
lows: — Section 51. They may adjourn their courts in all o/^iourtir^°* 
cases on trial before them to any other time or place as 
occasion may require, except as provided in section thirty- 
four of chapter two hundred and seventeen. 

Section 7. Section fifty-three of said chapter one hun- r. l. lei, § 53, 
dred and sixty-one is hereby amended by striking out all ^"®"^^'^- 
after the w^ord "themselves", in the third line, so as to read 
as follows : — Section 53. They shall not be retained or Not to be em- 

, J 1 « , , ployed as at- 

employed as attorneys before any court, upon appeal or tomeys, etc. 
otherwise, in an^' suit or action previously determined 
before themselves. 

Section 8. Section fifty-six of said chapter one hundred ^^ded.' ^ ^^' 
and sixty-one is hereby amended by striking out all after the 
word "papers", in the fourth line, so as to read as follows: 
— Section 56. If the commission of a trial justice expires Completion of 
without renewal, or is terminated by resignation, change of business^ 



336 



General Acts, 1917. — Chap. 326. 



May file 
criminal cases. 



Salaries of 
trial justices. 



Certain trial 
justices to 
continue to 
act, etc., until, 
etc. 



Time of taking 
etfect. 
Act not to 
affect pending 
suits, etc. 



domicile or revocation, he may finish any business which 
has been commenced or is pending before him and certify 
copies of his records and papers. 

Section 9. Trial justices shall have the same right to 
file criminal cases which is now given by statute to police, 
district or municipal courts. 

Section 10. The several trial justices in the towns 
herein named shall receive a salary, to be paid by the county 
in which the respective towns are situated, on the basis of 
the following-named sums for each year or portion thereof 
of their respective commissions: — Trial justice of the town 
of Ludlo-w, five hundred dollars; trial justice of the town 
of Hardwick, two hundred and fifty dollars; trial justice of 
the town of Barre, three hundred dollars; trial justice of the 
town of Hudson, five hundred dollars; trial justice of the 
town of Hopkinton, one hundred dollars; trial justice of 
the town of Saugus, six hundred dollars; trial justice of 
the town of Nahant, twelve hundred dollars; trial jus- 
tice of the town of Marblehead, one thousand dollars; 
trial justice of the town of North Andover, three hundred 
dollars; trial justice of the town of Ando^'er, five hundred 
dollars; trial justice of the toAvn of Methuen, one thousand 
dollars; and trial justice of the town of Nantucket, three 
hundred and fifty dollars. 

Section 11. Trial justices now residing in any town 
named in section ten, shall, mitil the expiration of the term 
of office for which they were respectively commissioned, 
continue to act as such in their respective towns under the 
provisions of this act. 

Section 12. This act shall take effect on the first day 
of October, nineteen hundred and seventeen. Nothing in 
this act shall affect any suit or proceeding, civil or criminal, 
pending before any trial justice or court at the time when 
this act takes effect, and such trial justice or court may 
continue to exercise jurisdiction thereof. 

Approved May 25, 1917. 



General Acts, 1917. — Chap. 327. — Part I. 337 



An Act to codify, revise and amend the laws re- Chap. 327 

LATINO TO THE MILITIA. 

Be it enacted, etc., as folloics: 

PART I. 

1 . Definitions. 

Section 1. This act shall be known as The Militia ;;soidier", 
Law. In this act except as is otherwise provided herein mTn'^and 
the word "soldier", or the words "enlisted man", shall defi;red!°^" 
include musicians and all persons, except commissioned jgol^^es, § V. 
officers, in the volunteer or reserve militia, including both i^os, 604, § i. 
land and naval forces; and the word "company" shall 
include battery, troop and naval division. 

2. Unorganized Militia. 

Section 2. Every able-bodied male citizen, and every Persons to be 
able-bodied male of foreign birth who has declared his mmtil 
intention to become a citizen, resident within this common- J^b5^'465,§2. 
wealth, of the age of eighteen years and under the age of ^^°*^' ^°*' ^ '^■ 
forty-five years, except persons exempted by section three, 
shall be enrolled in the militia. In all cases of doubt re- 
specting the age of a person enrolled, the burden of proof 
shall be upon him. 

Section 3. All persons exempted from military service Exemptions. 
by the laws of the United States shall be exempt from en- f^z^i.^' 
rollment in the militia. loos, 604. §§ 3, 6. m'A^^' 

Section 4. Every person of the religious denomination same subject. 
of Quakers or Shakers, if conscientiously scrupulous of bear- i9b5,'465', § 4. 
ing arms, shall, if such conscientious belief is established as ^^°*^' *'°*' ^ *• 
provided by the laws of the United States, be exempt from 
service in the militia in a combatant capacity. 

Section 5. The militia shall consist of two classes, organized and 
namely, the organized militia, to be known as the Massa- m°utfa.°'^^ 
chusetts volunteer militia, composed and organized as here- J^bs^Ves, 1 7. 
inaf ter provided ; and the remainder, to be known as the '^o^- ^o*- * 7- 
unorganized militia. The unorganized militia shall be 
subject to no active duty except in case of war, actual or 
threatened, invasion, the prevention of invasion, the suppres- 
sion of riots, and the assisting of civil officers in the execution 
of the laws. 



338 



General Acts, 1917. — Chap. 327. — Part I. 



Assessors' lists 
for enrollment. 
R. L. 16, § 8. 
1905, 465, § 8. 
1908, 604, § 8. 



Tavern keepers, 
etc., to give 
names, etc. 
R. L. 16, § 9. 
1905, 465, § 9. 
1908, 604, § 9. 



Calling out 

of unorganized 

militia. 

R. L. 16, § 10. 

1905, 465, § 10. 

1908, 604, § 10. 



Muster of 
same, etc. 
R. L. 16, § 11. 
1905, 465, § 11. 
1908, 604, § 11. 



Section G. Asse.ssor.s shall annually, in April or May, 
make a list of persons living within their respective limits 
liable to enrollment, and shall place a certified copy thereof 
in the hands of the clerks of their respective cities and 
towns, who shall place it on file with the records of such city 
or town, and annually, in May, June or July, transmit 
returns of the militia thus enrolled to the adjutant general. 

Section 7. Keepers of taverns or boarding houses, and 
masters and mistresses of dwelling houses, shall, upon appli- 
cation of the assessors, or of persons acting under them, give 
information of the persons residing in their houses, liable to 
enrollment or to military service and every such person 
shall, upon like application, give his name and age. Any 
such keeper, master, mistress violating the provisions of this 
section shall forfeit twenty dollars, and any person liable to 
enrollment or to military service guilty of such violation shall 
forfeit twelve dollars, to be recovered on complaint of any 
of the assessors. 

Section 8. When it is necessary to call out any part of 
the unorganized militia for active duty, the commander-in- 
chief shall direct his order to the mayor and aldermen or to 
the selectmen, who shall forthwith, by written order or oral 
notice to each individual, or by proclamation, appoint a 
time and place for the assembling of the unorganized militia 
in their city or town, and shall then and there draft as many 
thereof, or accept as many volunteers, as are required by 
the order of the commander-in-chief, and shall forthwith 
forward to him a list of the persons so drafted or accepted 
as volunteers. 

Section 9. The part of the unorganized militia so drafted 
or accepted shall immediately be mustered under the orders 
of the commander-in-chief into the service of the common- 
wealth for three years, or for such less period as he may 
direct, and shall be organized into new units, or assigned to 
organizations of the volunteer militia already existing. 
Such new organizations shall be officered, equipped, trained 
and governed according to the laws for the government of 
the volunteer militia. Elections shall forthwith be ordered 
in such new organizations by the commander-in-chief, who 
may detail officers to train and command them until the 
ofl5cers-elect shall have qualified as required by law. Every 
member of the unorganized militia who volunteers or is de- 
tached or drafted, who does not appear to be mustered in as 
required by the orders of the commander-in-chief, and has 



General Acts, 1917. — Chap. 327. — Part I. 339 

not some proper substitute at such time and place, and 
does not produce a sworn certificate, from a physician in 
good standing, of physical disability so to appear, shall be 
taken to be a deserter, and dealt with accordingly. 

S. Volunteer or Organized Militia. 

Section 10. The active or organized militia shall be Active miiiUa, 
composed of volunteers, and shall be designated the Massa- r.^l.°?6,'°§"22. 
chusetts volunteer militia. }^^^' g^^; 1 15; 

Section 11. (a) The Massachusetts volunteer militia organization 
shall comprise the staff of the commander-in-chief, the land appUrabYe.'""^ 
forces and the naval forces. §^°8'(o)'^' 

(6) Sections one to seventy-seven, inclusive, shall apply 
to all persons, including all parts of the volunteer militia and 
the unorganized militia. 

(c) Sections seventy-eight to one hundred and ninety- 
three, inclusi^'e, shall not apply to the naval forces (including 
an officer of the naval forces detailed as aide on the staff of 
the commander-in-chief) or to such part of the unorganized 
militia as may under sections eight and nine be called out 
for active service as a part of the naval forces, but shall 
apply to all other persons. 

{d) Sections one hundred and ninety-four to two hundi'ed 
and sixty-seven, inclusive, shall not apply to the staff of the 
commander-in-chief, except an aide detailed from the naval 
forces, or to the land forces, or to such part of the unorgan- 
ized militia as may under sections eight and nine be called 
out for active service as a part of the land forces, but shall 
apply to all other persons. 

{e) Parts I and II constitute the militia law for the land 
forces, and Parts I and III constitute the militia law for the 
naval forces. 



4. Commander-in-Chief (Poivers and Duties). 

Section 12. The commander-in-chief is empowered to commander- 
raise volunteer companies or detachments, as he may deem raise volunteer 
necessary, or when they are needed to maintain the forces r"l'^°6''s 05 
of the commonwealth at the strength and of the composition J^os. 465, § 25. 
required or permitted by law. isis, 2S9 (G), § 3. 

Section 13. The commander-in-chief may transfer com- May transfer 
panics from one regiment to another regiment as he deems '=°