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

GENERAL ACTS

PASSED BY THE

^vmA dfaurl of JUassathtisdts,

IN THE YEAR

1918,

TOGETHEK WITH

THE CONSTITUTION, LIST OF THE OFFICERS OF THE

CIVIL GOVERNMENT, TABLES SHOWING CHANGES

IN THE GENERAL STATUTES, ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

BOSTON:

WEIGHT & POTTER PRINTING CO., STATE PRINTERS,

32 DERNE STREET.

1918.

A CONSTITUTION

FORM OF GOVERNMENT

®I|p Olnmmntmipaltlj of i^aBBarlfua^tta

PREAMBLE.

The end of the institution, maintenance, and administra- objects of
tion of government, is to secure the existence of the body ^°^®''''™^'* •
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 politic,
of individuals: it is a social compact, by which the whole itTnatu™^ '
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to pro-
vide for an equitable mode of making laws, as well as for
an impartial interpretation and a faithful execution of
them; that every man may, at all times, find his security
in them.

We, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator of the universe, in affording us, in the course
of His providence, an opportunity, deliberately and peace-
ably, without fraud, violence, or surprise, of entering into

CONSTITUTION OF THE

an original, explicit, and solemn compact with eacli 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 follov/ing Declaration of Rights, and
Frame of Government, as the Constitution of the Com-
monwealth OF Massachusetts.

Efjuality and
nnturul rights
of ull men.

Right and duty

of pviblio roli-

giouM worship.

ProtcM'tion

tiioroiii.

2 Cush. 101.

12 Alien, 121).

Soo nmoiifl-

iiiciits, Art.

XLVI.

Amendmonta,
Art. XI. siihsti-
tutod for tiiis.

Lcgislatnro
I'inpowcrod to
compel provi-
sion for public
vvorsliip.

PART THE FIRST.

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

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

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

III. [As the Jiappiness 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 tlirough a community but by the
institution of the public worship of God, and of public
instructions in piety, religion, and morality: Therefore,
to promote their happiness, and to secure the good order
and preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and tlie legislature shall,
from time to time, authorize and require, the several towns,
parishes, precincts, and other bodies politic, or religious
societies, to make suitable provision, at their own expense,
for the institution of the public worship of God, and for
the supi)ort and maintenance of public Protestant teachers

COMMONWEALTH. OF MASSACHUSETTS. 5

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 Legislature
to, and do, invest their legislature with authority to enjoin attendance
upon all the subjects an attendance upon the instructions '^'^°°'*'
of the public teachers aforesaid, at stated times and sea-
sons, if there be any on whose instructions they can con-
scientiously and conveniently attend.

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

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

And every denomination of Christians, demeaning them- ah denomina-
selves peaceably, and as good subjects of the common- protected.
wealth, shall be equally under the protection of the law: lubordlnation
and no subordination of any one sect or denomination to anot'her'l^ro^
another shall ever be established by law.l wbited.

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

,!..,,» • .1 1 I government

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

V. All power residing originally in the people, and ^i"^^^^^^^^
being derived from them, the several magistrates and ©to.
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 pubifc^be^ing
and exclusive privileges, distinct from those of the com- *''° °,?'y *'t'e. to

'^ '^ . . . peculiar pnvi-

munity, than what arises from the consideration of serv- leges, heredi-

, , , ,,. II- 'ii' • tary offices are

ices rendered to the public; and this title being m absurd and
nature neither hereditary, nor transmissible to children, """^

CONSTITUTION OF THE

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

Right of people
to secure rota-
tion in office.

All, having the
qualifications
prescribed,
equally eligible
to office. For
the definition of
"inhabitant,"
see Ch. 1, Sect.
2, Art. II.
Right of protec-
tion and duty
of contribution
correlative.
Taxation
founded on
consent.
16 Mass. 326.
1 Pick. 418.
7 Pick. 344.
12 Pick. 184,467.
16 Pick. 87.
23 Pick. 360.
7 Met. 388.
4 Gray, 474.
7 Gray, 363.
14 Gray, 154.
1 Allen, 150.
4 Allen, 474.
Private prop-
erty not to be
taken for public
uses without,
etc.

See amend-
ments, Arts.
XXXIX and
XLVII.

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

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

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

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

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

employments. See amendments. Art. XLV. 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.

6 Cush. 327. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441.

14 Gray, 155.
16 Gray, 417, 431.
1 Allen, 150.
11 Allen, 530.

100 Mass. 544, 560.
103 Mass. 120, 624.
106 Mass. 356, 362.

Ill Mass. 130.

113 Mass. 45.

116 Mass. 463.

127 Mass. 50, 52,

358, 363, 410, 413.
129 Mass. 559.

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

COMMONWEALTH OF MASSACHUSETTS. 7

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

XII. No subject shall be held to answer for any crimes Prosecutions
or offence, until the same is fully and plainly, substantially 8^p"ck*'2ii.
and formally, described to him; or be compelled to accuse, Jg pick' 434
or furnish evidence against himself. And every subject ^^■J^'^h^P-
shall have a right to produce all proofs that may be favor- 12 Cush. 246.
able to him; to meet the witnesses against him face to face, 5 oily', m.
and to be fully heard in his defence by himself, or his lo^Grayfii!
counsel, at his election. And no subject shall be arrested, 2 AUerf'sef'
imprisoned, despoiled, or deprived of his property, immu- lL^26t'Iii~
nities, or privileges, put out of the protection of the law, 473!
exiled, or deprived of his life, liberty, or estate, but by the 97MaI°.'57o,'
judgment of his peers, or the law of the land. ^^^'

100 Mass. 287, 295. 108 Mass. 5, 6. 122 Mass. 332. • 127 Mass. 550, 554.
103 Mass. 418. 118 Mass. 443, 451. 124 Mass. 464. 129 Mass. 559.
107 Mass. 172, 180. 120 Mass. 118, 120.

And the legislature shall not make any law that shall ^'^?^^^*° *"*^
subject any person to a capital or infamous punishment, criminal cases,
excepting for the government of the army and navy, with- rGray,*329,
out trial by jury.^ ^ ^ ^ losMass. 4i8.

Xni. In criminal prosecutions, the verification of facts. Crimes to be
in the vicinity where they happen, is one of the greatest vicinity.
securities of the life, liberty, and property of the citizen. 121 Mass. ei, 62.

XIV. Every subject has a right to be secure from all ^^^}^^ p^ search

.. , .. i>i. 1. S''!*^ seizure

unreasonable searches, and seizures, or his person, his regulated.
houses, his papers, and all his possessions. All warrants, Amend't iv. "
therefore, are contrary to this right, if the cause or f ounda- 5 cusii^m
tion of them be not previously supported by oath or afiir- }3*Gray^454
mation, and if the order in the warrant to a civil officer, JoAy®"^' ^ill-

' , . , Moo Mass. 136,

to make search in suspected places, or to arrest one or 139.

, J ± • li ' X 1, J. 126 Mass. 269,

more suspected, persons, or to seize their property, be not 273.
accompanied 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 pre-
scribed 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 el^iiS,^etc°'^^ '
which it has heretofore been otherways used and practised, Amlnd°t vii.^"
the parties have a right to a trial by jury; and this method 7 pj°^' Hf

of procedure shall be held sacred, unless, in causes arising s gray, 144.
on the high seas, and such as relate to mariners' wages, 11 Alien, 574,
the legislature shall hereafter find it necessary to alter it. io2'Mas3. 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.
Standing armies
dangerous.
Military power
subordinate to
civil.
5 Gray, 121.

Moral qualifica-
tions for office.

Moral obliga-
tions of law-
givers and
magistrates.

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

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

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

Frequent 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 frugality, are absolutely necessary to preserve the
advantages of liberty, and to maintain a free government.
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers and
representatives: and they have a right to require of their
lawgivers and magistrates an exact and constant observance
of them, in the formation and execution of the laws neces-
sary for the good administration of the commonwealth.

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.

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

COMMONWEALTH OF MASSACHUSETTS. 9

XXIV. Laws made to punish for actions done before f wfprohibited.
the existence of such laws, and which have not been de- 42/l2T'434''
clared crimes by preceding laws, are unjust, oppressive,

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- t^eason'et".'
lature.

XXVI. No magistrate or court of law shall demand Excessive bail

. . . „ . „. or fines, and

excessive bail or sureties, impose excessive fines, or inflict cruel punish-
cruel or unusual punishments. 5 Gray, 482. hibuld.^'^"'

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 ^ny^o'use'"
in time of war, such quarters ought not to be made but "°'^®^' ^'''•
by the civil magistrate, in a manner ordained by the legis-
lature.

XXVIII. No person can in any case be subject to law- citizens exempt
martial, or to any penalties or pains, by virtue of that law, tLi, unL^ eTc.
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, f Gmy,*472.
and administration of justice. It is the right of every 7 ^}}g"' 335-
citizen to be tried by judges as free, impartial, and inde- lo^ Uasa. 219,
pendent as the lot of humanity will admit. It is, therefore. Tenure 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.
laws.

XXX. In the government of this commonwealth, the Separation of
legislative department shall never exercise the executive ciai, and iegis-"
and judicial powers, or either of them: the executive shall mentl *'^^'^*'
never exercise the legislative and judicial powers, or either I AUm, m'

of them: the judicial shall never exercise the legislative ?„^"?"' 2*7. 253.

. . , CI 1 1 • ^^^ Mass. 282,

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

1 . n 1 I.J? 114 Mass. 247,

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

116 Mass. 317. 129 Mass. 559.

CONSTITUTION OF THE

Title of bodjr
politic.

PART THE SECOND.

The Frame of Government.

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

Legislative
department.

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

Governor's

veto.

99 Mass. 636.

Bill may be
passed by two-
thirds of each
house, not-
withstanding.

CHAPTER I;

THE LEGISLATIVE POWER.

Section I.
Tlie 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 ]\Iay, and at such other times as they
shall judge necessary; and shall dissolve and be dissolved
on the day next preceding the said last Wednesday in
May;] and shall be styled, The General Court of
Massachusetts.

11. No bill or resolve of the senate or house of repre-
sentatives shall become a law, and have force as such, until
it shall have been laid before the governor for his revisal;
and if he, upon such revision, approve thereof, he shall
signify his approbation by signing the same. But if he
have any objection to the passing of such bill or resolve, he
shall return the same, together with his objections thereto,
in writing, to the senate or house of representatives, in
whichsoever the same shall have originated; who shall
enter the objections sent down by the governor, at large,
on their records, and proceed to reconsider the said bill or
resolve. But if after such reconsideration, two-thirds of
the said senate or house of representatives, shall, notwith-
standing the said objections, agree to pass the same, it
shall, together with the objections, be sent to the other
branch of the legislature, where it shall also be reconsid-
ered, and if approved by two-thirds of the members pres-
ent, shall have the force of a law: but in all such cases.

COMMONWEALTH OF 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 S^c^e^of ad-
or resolve shall not be returned by the governor within ih^^g'nerai"^
five days after it shall have been presented, the same shall court within

1 , p p 1 the five days,

have the force OI a law. 3 Mass. 567. see amend-

Ill. The general court shall forever have full power Qg^emi court
and authority to erect and constitute judicatories and pay constitute
courts of record, or other courts, to be held in the name courts of rec-
of the commonwealth, for the hearing, trying, and deter- Tdrly,'!.
mining of all manner of crimes, offences, pleas, processes, 154^^'^^' ^^^'
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
w^hether the said pleas be real, personal, or mixed; and
for the awarding and making out of 'execution thereupon.
To which courts and iudicatories are hereby given and Courts, etc.,

, „ , , -•' , . „ . ^ . may administer

granted lull 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 J. xi * 1 1 J. "p j^' j_ 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 iYien', 473'.
some and reasonable orders, laws, statutes, and ordinances, 237^"''°' ^^^'
directions and instructions, either with penalties or w^th- 1^0 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
welfare of this commonwealth, and for the government iaws%t!f,^not
and ordering thereof, and of the subjects of the same, and [he^constitu-
for the necessary support and defence of the government ^'^|j ^
thereof ; and to name and settle annually, or provide by may provide
fixed laws for the naming and settling, all civil officers or'appointmen't
within the said commonwealth, the election and consti- ?[K°?i^'""®«n,

p . 1 . n p 11^ Mass. 602.

tution of whom are not hereafter in this form of govern-
ment otherwise provided for; and to set forth the several ^^may prescribe
duties, powers, and limits, of the several civil and military
officers of this commonwealth, and the forms of such
oaths or affirmations as shall be respectively administered
unto them for the execution of their several offices and

their duties.

CONSTITUTION OF THE

General coiirt
may impose
taxes, etc. See
Amendments,
Art. XLI and
Art. XLIV.
12 Mass. 252.

5 Allen, 428.

6 Allen, 558.

8 Allen, 247, 253.

10 Allen, 235.

11 Allen, 268.

12 Allen, 77,
223, 235, 238,
240, 298, 300,
312,313,500,612.
98 Mass. 19.

100 Mass. 285.

101 Mass. 575,
585

103' Mass. 267.
114 Mass. 388,
391.

116 Mass. 461.
118 Mass. 386,
389.

123 Mass. 493,
495

127"Mass. 413.
may impose
taxes, etc., to
be disposed of
for defence,
protection, etc.
8 Allen, 247,
256.

Valuation of
estates once in
ten years, at
least, while, etc.
8 Allen, 247.
126 Mass. 547.

places, so as the same be not repugnant or contrary to
this constitution; and to impose and levy proportional
and reasonable assessments, rates, and taxes, upon all the
inhabitants of, and persons resident, and estates lying,
within the said commonwealth; and also to impose and
levy reasonable duties and excises upon any produce,
goods, wares, merchandise, and commodities, whatsoever,
brought into, produced, manufactured, or being within
the same; to be issued and disposed of by warrant, under
the hand of the governor of this commonwealth for the
time being, with the advice and consent of the council,
for the public service, in the necessary defence and sup-
port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within
the same.

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

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

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

For the power given the general court to provide by law for absentee voting, see amend-
ments. Art. XLV.

For the power given the general court to determine the manner of providing and dis-
tributing the necessaries of life, etc., during time of war, public distress, etc., by the
commonwealth and the cities and towns therein, see amendments, Art. XLVIl.

CHAPTER I

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

Section II.

Senate.

Article I. [There shall be annually elected, by the
freeholders and other inhabitants of this commonwealth,
qualified as in this constitution is provided, forty persons
to be councillors and senators for the year ensuing their
election; to be chosen by the inhabitants of the districts
into which the commonwealth may, from time to time, be
divided by the general court for that purpose: and the

COMMONWEALTH OF MASSACHUSEITS. 13

general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts; and
timely make known to the inhabitants of the common- For provision as

I'pii'- 11 1 p councillors,

wealth the limits of each district, and the number oi coun- see amend-
cillors and senators to be chosen therein; provided, that xvi. '
the number of such districts shall never be less than thir-
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, bounties to be

Ml 1 i 1 11 1 i • •, J districts, until,

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
County and Nantucket shall form one district for that pur-
pose) and shall elect the following number for councillors
and senators, viz.: — Suffolk, six; Essex, six; Middlesex,
five; Hampshire, four; Plymouth, three; Barnstable, one;
Bristol, three; York, two; Dukes County and Nantucket,
one; Worcester, five; Cumberland, one; Lincoln, one;
Berkshire, two.l

11. The senate shall be the first branch of the legisla- Manner and

11 1 11 1 1 • 1 1- 11 • time of choosing

ture; and the senators shall be chosen m the i olio wing man- senators and
ner, viz.: there shall be a meeting on the [first IMonday in amendments, ^^
April,] annually, forever, of the inhabitants of each town an^x^V^^s
in the several counties of this commonwealth; to be called ^enlments
by the selectmen, and warned in due course of law, at -^^t. ii.
least seven days before the [first Monday in April,] for qualifications of

,1 s ^ ^- X i, "^ J. 1 voters, super-

the purpose oi electing persons to be senators and coun- seded by
cillors; [and at such meetings every male inhabitant of Artrmrxx.,
twenty-one years of age and upwards, having a freehold xxF^^xxxi
estate within the commonwealth, of the annual income of f^^^ ^)f^}\ .

, , 1? 1 1 i« • VVord inhabit-

three pounds, or any estate or the value oi sixty pounds, ant" defined.
shall have a right to give in his vote for the senators for kmend^ents,
the district of which he is an inhabitant.] And to remove wWch^was^ '
all doubts concerning the meaning of the word "inhabit- A^t^xxvi'
ant" in this constitution, every person shall be considered jl,^**^' ^L^
as an inhabitant, for the purpose of electing and being 597.
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

■1 .. . .,, 1111 • 1 a preside at town

such meetings impartially; and shall receive the votes or meetings.
all the inhabitants of such towns present and qualified
to vote for senators, and shall sort and count them in

CONSTITUTION OF THE

Return of
votes.

As to cities, see
amendments,
Art. II.

Time chanEed
to first Wednes-
day of January.
See amend-
ments, Art. X.

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

Plantation
meetings.
Time of elec-
tion changed
by amend-
ments. Art.
XV.

Assessors to
notify, etc.

Governor and
council to ex-
amine and
count votes,
and issue
summonses.
Time changed
to first

Wednesday in
January by

open town meeting, and in presence of the town clerk,
who shall make a fair 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
the selectmen and the town clerk, and shall be sealed up,
directed to the secretary of the commonwealth for the
time being, with a superscription, expressing the purport
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thirty days at least before [the last Wednes-
day in May] annually; or it shall be delivered into the
secretary's office seventeen days at least before the said
[last Wednesday in ]\Iay:] and the sheriff of each county
shall deliver all such certificates by him received, into
the secretary's office, seventeen days before the said [last
W^ednesday in ]\Iay.]

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

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

COMMONWEALTH OF MASSACHUSETTS. 15

chosen by [a majority of] voters, to attend on that day, ainendments,
and take their seats accordingly: provided, nevertheless, ^|,^°'^|.^/jj,
that for the first year the said returned copies shall be plurality by
examined by the president and five of the council of the Art^"xiv" ^'
former constitution of government; and the said president
shall, in like manner, issue his summons to the persons
so elected, that they may take their seats as aforesaid.

IV. The senate shall be the final judge of the elec- Senate to be
tions, returns and qualifications of their own members, as elections, etc,
pointed out in the constitution; and shall, [on the said membera!
last Wednesday in May] annually, determine and declare ^ first'^^"^*"^
who are elected by each district to be senators fby a Wednesday of

» 1 . , 111 January by

majority or votes; and in case there shall not appear to amendments,
be the full number of senators returned elected by a Majority
majority of votes for any district, the deficiency shall be plurality *by
supplied in the following manner, viz.: The members of l"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 vacancies, how
senators sufficient to fill up the vacancies in such district; changed to
and in this manner all such vacancies shall be filled up in p^pie" ^
every district of the commonwealth; and in like manner ment^Art"
all vacancies in the senate, arising by death, removal out ^xiv.
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 quai-
in his own right of a freehold, within this commonwealth, ished!°"

of the value of three hundred pounds at least, or possessed ment^Trt"
of personal estate to the value of six hundred pounds at pj/f^rther
least, or of both to the amount of the same sum, and] who provision as to
has not been an inhabitant of this commonwealth for the aiso amend-
space of five years immediately preceding his election, and, xxif.'
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 than two days.
time.

VII. The senate shall choose its own president, ap- ., ^^^' *'''°°s®

. . ^ IB its officers and

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

CONSTITUTION OF THE

fh^*fryaii VIII. The Senate shall be a court with full authority

impeachments, ^q hear and determine all impeachments made by the
house of representatives, against any officer or officers
of the commonwealth, for misconduct and mal-administra-
tion in their offices. But previous to the trial of every
impeachment the members of the senate shall respectively
be sworn, truly and impartially to try and determine the
charge in question, according to evidence. Their judg-
ment, however, shall not extend further than to removal
from office and disqualification to hold or enjoy any place
of honor, trust, or profit, under this commonwealth; but
the party so convicted shall be, nevertheless, liable to
indictment, trial, judgment, and punishment, according to
the laws of the land.
Quorum. See IX. [Not Icss than sixtccn members of the senate shall

amendments, , ^ p i • i • t

Arts XXII constitute a quorum for doing business.]

Oath.

Limitation of
sentence.

CHAPTER I.

Representation
of the people.

Representa-
tives, by whom
chosen.

Superseded by
amendments,
Arts. XII. and
XIII., which
were also
superseded by
amendments,
Art. XXI.
7 Mass. 523.

Proviso as to
towns having
less than 150
ratable polls.

Section III.
House of Representatives.

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

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

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

COMMONWEALTH OF MASSACHUSETTS. 17

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

[The expenses of travelling to the general assembly, and Expenses of

, . 1 . . , 111 travelling to

returning home, once in every session, and no more, shall and from the
be paid by the government, out of the public treasury, to how'^aid!"'*'
every member who shall attend as seasonably as he can, in An'x'xxv
the judgment of the house, and does not depart without
leave.]

ni. Every member of the house of representatives Qualifications
shall be chosen by written votes; [and, for one year at sen'tative!"
least next preceding his election, shall have been an inhab- ^^^ fesWonce.
itant of, and have been seised in his own right of a free- ^'^gntrArt'
hold of the value of one hundred pounds within the town xxi. '
he shall be chosen to represent, or any ratable estate to jfications aboi-
the value of two hundred pounds; and he shall cease to amendments.
represent the said town immediately on his ceasing to be ^''*' ^^^^'
qualified as aforesaid.]

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

1,1 p .1 i> J. 1 • 1 • sions super-

wealth tor the space or one year next preceding, having a seded by

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

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 ^rv"^^' ^^^

or representatives for the said town.]

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

V. [The members of the house of representatives shall Representa-

11 ii'i ir>T\T 1 1 tives, when

be chosen annually in the month oi May, ten days at least chosen.
before the last Wednesday of that month.]

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

Art. XV.

VL The house of representatives shall be the grand House aione

P 1 . ,1 111' 1 *'''" impeach.

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

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

... 1 , J 1 , nate all money

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

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

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

,,• 111 i*j_'j_ p !• 1. amendments,

representatives shall constitute a quorum tor doing busi- Arts. xxi.
ness.l :^'"^ xxxiii.

CONSTITUTION OF THE

To judge of
returns, etc., of
its own mem-
bers; to choose
its officers and
establish its
rules, etc.
May punish
for certain
offences.
14 Gray, 226.

Privileges of
members.

Senate.
Governor and
council may
punish.

General limita-
tion.
14 Gray, 226.

Trial may bo
by committee,
or otherwise.

X. The house of representatives shall be the judge of
the returns, elections, and qualifications of its own mem-
bers, as pointed out in the constitution; shall choose their
own speaker; appoint their own officers, and settle the
rules and orders of proceeding in their own house. They
shall have authority to punish by imprisonment every
person, not a member, who shall be guilty of disrespect
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 who shall assault, or
arrest, any witness, or other person, ordered to attend the
house, in his way in going or returning; or who shall
rescue any person arrested by the order of the house.

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

XL The senate shall have the same powers in the like
cases; and the governor and council shall have the sarlie
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.

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.

COMMONWEALTH OF MASSACHUSETTS. 19

11. The governor shall be chosen annually ; and no To bo chosen
person shall be eligible to this office, unless, at the time of oliaMcations.
his election, he shall have been an inhabitant of this com- ^''ent^A^'la
monwealth for seven years next preceding; [and unless he xxxfv
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.]

ni. Those persons who shall be qualified to vote for By whom

, 1 , , . • , 1 . . I 1 . r, chosen, if he

senators and representatives witnm the several towns oi have a major-
this commonwealth shall, at a meeting to be called for see°amwld-'
that purpose, on the [first Monday of April] annually, xlv'^' ^^^'
give in their votes for a governor, to the selectmen, who ximeofeiec-
shall preside at such meetings; and the town clerk, in the by'ameiKf-^'^
presence and with the assistance of the selectmen, shall, x''"and^*'
in open town meeting, sort and count the votes, and form changed again
a list of the persons voted for, with the number of votes ments, Art.
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 cities, see
ration thereof in the said meeting; and shall, in the pres- ^mendments.
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 sheriff shall transmit Time changed
the same to the secretary's office, seventeen days at least Wednesday of
before the said [last Wednesday in May] ; or the select- January by

'• ^ •' J ' amendments,

men may cause returns of the same to be made to the Art. x.
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 amendments,
the votes returned, the choice shall be by them declared ^/* ^}^-

-How cnosGii

and published; but if no person shall have a [majority] of whennoper-
votes, the house of representatives shall, by ballot, elect plm-ailty.
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. The governor shall have authority, from time to Power of gov-
time, at his discretion, to assemble and call together the governor and
councillors of this commonwealth for the time being; and ''°""" •

CONSTITUTION OF THE

May adjourn
or prorogue the
general court
upon request,
and convene
the same.
As to dissolu-
tion, see
amendments,
Art. X.

As to dissolu-
tion, see
amendments,
Art. X.
Governor and
council may
adjourn the
general court
in cases, etc.,
but not ex-
ceeding ninety
days.

Governor to be
commander-in-
chief.

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
full power and authority, during the session of the gen-
eral court, to adjourn or prorogue the same to any time
the two houses shall desire; [and to dissolve the same on
the day next preceding the last Wednesday in IMay; and,
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
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 IMay.]

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

VII. 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 posture, the inhabitants thereof, and to lead and
conduct them, and with them to encounter, repel, resist,
expel, and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at

COMMONWEALTH OF MASSACHUSETTS. 21

any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoyance
of this commonwealth; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require; and to take and surprise,
by all ways and means whatsoever, all and every such
person or persons, with their ships, arms, ammunition,
and other goods, as shall, in a hostile manner, invade, or
attempt the invading, conquering, or annoying this com-
monwealth; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised agreeably to the rules and regulations of the con-
stitution, and the laws of the land, and not otherwise.

Provided, that the said governor shall not, at any time Limitation,
hereafter, by virtue of any power by this constitution
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 their 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.

Vni. The power of pardoning offences, except such Governor and
as persons may be convicted of before the senate by an pardon ^^^
impeachment of the house, shall be in the governor, by excTpTkc.
and with the advice of council; but no charter of pardon,
granted by the governor, with advice of the council be-
fore conviction, shall avail the party pleading the same. But not before

...i.i. , "^..i • conviction.

notwithstanding 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, 1 the Judicial offi-
solicitor-general, [all sheriffs,] coroners, [and registers of nominated and
probate,] shall be nominated and appointed by the gov- Forprovisions
ernor, by and with the advice and consent of the council; of ^t^mey"-''
and every such nomination shall be made by the governor, l^ena'me'j^ta
and made at least seven days prior to such appoint- Art. xvii.
ment.

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

CONSTITUTION OF THE

Militia officers,
how elected.
Limitation of
age struck out
by amend-
ments, Art. V.

How commis-
sioned.

Election of
officers.

Major-generals,
how appointed
and commis-
sioned.

Vacancies, how
filled, in case,
etc.

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

Adjutants, etc.
how appointed.

Army officers,
how appointed.

Organization of
militia.

Money, how
drawn from the
treasury,
except, etc,
13 Allen, 503.

X. The captains and subalterns of the mlHtia shall be
elected by the written votes of the train-band and alarm
list of their respective companies, [of twenty-one years
of age and upwards;] the field officers of regiments shall
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-
missioned by the governor, who shall determine their rank.

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

The major-generals shall be appointed by the senate and
house of representatives, each having a negative upon the
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
or subalterns, shall neglect or refuse to make such elec-
tions, after being duly notified, according to the laws for
the time being, then the governor, with advice of council,
shall appoint suitable persons to fill such offices.

[And no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address
of both houses to the governor, or by fair trial in 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
oSicers of the continental army, whom by the confeder-
ation of the United States it is provided that this common-
wealth shall appoint, as also all officers of forts and gar-
risons.

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

XI. No moneys shall be issued out of the treasury of
this commonwealth, and disposed of (except such sums as
may be appropriated for the redemption of bills of credit

COMMONWEALTH OF MASSACHUSETTS. 23

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-
monwealth; and for the protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves
of the general court.

Xn. All public boards, the commissary-general, all ah public

.1. nr> p 1 1* • 1 , boards, etc., to

supermtendnig omcers or public magazines and stores, make quarterly
belonging to this commonwealth, and all commanding ''®'^"'■"^•
officers of forts and garrisons within the same, shall once
in every three months, officially, and without requisition,
and at other times, when required by the governor, deliver
to him an account of all goods, stores, provisions, ammu-
nition, cannon with their appendages, and small arms
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 garrisons; and the said commanding officer shall
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.

Xni. As the public good requires that the governor Salary of
should not be under the undue influence of any of the
members of the general court by a dependence on them
for his support, that he should in all cases act with free-
dom for the benefit of the public, that he should not have
his attention necessarily diverted from that object to his
private concerns, and that he should maintain the dignity
of the commonwealth in the character of its chief magis-
trate, it is necessary that he should have an honorable
stated salary, of a fixed and permanent value, amply suffi-
cient for those purposes, and established by standing 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 preme judicial
court. '=°"'*-

CONSTITUTION OF THE

eniSwiTf'^ And if it shall be found that any of the salaries afore-
insufficient. sa^j(j^ gQ established, are insufficient, they shall, from time

to time, be enlarged, as the general court shall judge

proper.

CHAPTER II

Lieutenant-
governor; his
title and quali-
fications. See
amendmentB,
.\rt8. VII. and
XXXIV.

How chosen.

Election by
plurality pro-
vided for by
amendments,
Art. XIV.

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

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

Section II.

Lieutenant-Governor.

Article I. There shall be annually elected a lieu-
tenant-governor of the commonwealth of Massachusetts,
whose title shall be — His Honor; and who shall be
qualified, in point of [religion,] [property,] and residence
in the commonwealth, in the same manner with the gov-
ernor; and the day and manner of liis 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
votes for this officer, and the declaration of his election,
shall be in the same manner; [and if no one person shall
be found to have a majority of all the votes returned, the
vacancy shall be filled by the senate and house of repre-
sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
votes of the people to be governor.]

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

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

COMMONWEALTH OF MASSACHUSEITS. 25

CHAPTER II.

Section III.

Council, and the Manner of settling FAections by the Legis-
lature.

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

II. [Nine councillors shall be annually chosen from Number; from

,1 J. J J! Ml 1 X whom, and

among the persons returned tor councillors and senators, how chosen.
on the last Wednesday in IMay, by the joint ballot of fr^Sents,
the senators and representatives assembled in one room; ahs. x. and
and in case there shall not be found upon the first choice, Superseded by

^, , , IP- 1 -n , , amendments,

the whole number or nine persons who will accept a seat Art. xvi.

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 if senators be-

the senate, and accepting the trust, shall be vacated in the i'or^''therr°s''eat3

senate.] *'° ^° vacated.

III. The councillors, in the civil arrangements of the Rank of
commonwealth, shall have rank next after the lieutenant- ''°'*"'^'"°'"s-
governor.

IV. [Not more than two councillors shall be chosen No district to
out of any one district of this commonwealth.] than 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 office of the governor and lieuten- Council to ex-
ant-governor shall be vacant, by reason of death, absence, power of gov-
or otherwise, then the council, or the major part of them, etc.^"^ '" ''^^'

CONSTITUTION OF THE

Elections may
be adjourned
until, etc.

Order thereof.
Superseded by
amendments,
Arts. XVI. and
XXV.

shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and
things, as the governor or the lieutenant-governor might
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally present.

VII. [And whereas the elections appointed to be made,
by this constitution, on the last Wednesday in May annu-
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
the order of elections shall be as follows: the vacancies in
the senate, if any, shall first be filled up; the governor
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

Secretary, etc.,
by whom and
how chosen.
For provision
as to election
of secretary,
treasurer and
receiver-gen-
eral, and audi-
tor and
attorney-gen-
eral, see amend-
ments, Art.
XVII.

Treasurer in-
eligible for
more than five
successive
years.

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

Section IV.

Secretary, Treasurer, Commissary, etc.

Article I. [The secretary, treasurer and receiver-
general, and the commissary-general, notaries public, and]
naval officers, shall be chosen annually, by joint ballot of
the senators and represeiitatives in one room. And, that
the citizens of this commonwealth may be assured, from
time to time, that the moneys remaining in the public
treasury, upon the settlement and liquidation of the pub-
lic accounts, are their property, no man shall be eligible
as treasurer and receiver-general more than five years
successively.

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

II. The records of the commonwealth shall be kept In
the office of the secretary, who may appoint his deputies,
for wdiose 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.

COMMONWEALTH OF MASSACHUSETTS. 27

CHAPTER III.

JUDICIARY POWER.

Article I. The tenure, that all commission officers Tenure of aii
shall by law have in their offices, shall be expressed in oEs'to bf
their respective commissions. All judicial officers, duly jud^^aflfficers
appointed, commissioned and sworn, shall hold their tf ^oid ofBce

%i 1 . Ill- • 1 • clunng good

omces durmg good behavior, exceptnig such concernmg behavior, ex-
whom there is different provision made in this constitu- But 'may be
tion: provided, nevertheless, the governor, with consent addril °'^
of the council, may remove them upon the address of
both houses of the legislature.

n. Each branch of the legislature, as well as the gov- justices of su-
ernor and council, shall have authority to require the opin- court^oVve''
ions of the justices of the supreme judicial court, upon °er|"Jred ^^^'^
important questions of huv, and upon solemn occasions. |22 Mass. eoo.

III. In order that the people may not suffer from the soi.

long continuance in place of any justice of the peace who pea^Tten^ure^
shall fail of discharging the important duties of his office s^c^gh 5m'"''
with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates; and, upon the expira- For removal of
tion of any commission, the same may, if necessary, be p^lcTsee ^^^
renewed, or another person appointed, as shall most con- Art'^xxxvii
duce to the well-being of the commonwealth.

IV. The judges of probate of wills, and for granting Provisions for
letters of administration, shall hold their courts at such bate'courts.'
place or places, on fixed days, as the convenience of the '^ ^^^^' ^*^'
people shall require; and the legislature shall, from time to

time, hereafter, appoint such times and places; until which
appointments, the said courts shall be holden at the times
and places which the respective judges shall direct.

V. All causes of marriage, divorce, and alimonv, and Ma"'age,

1 • 1 c 1 11 1 1 "^ 1 divorce, and

all appeals from the judges of probate, shall be heard and alimony.
determined by the governor and council, until the legis- visions made
lature shall, by law, make other provision. 105 Mass. 327.

116 Mass. 317.

CONSTITUTION OF THE

CHAPTER IV.

DELEGATES TO CONGRESS.
Delegates to [The delegates of this commoiiAvealth to the congress of

congress. i t' • i < i 11 • • 1 1 p

the United btates, 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.]

Harvard
College.

Powers, privi-
leges, etc., of
the president
and fellows,
confirmed.

CHAPTER V.

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

Section I.

The University.

Article I. Whereas our wise and pious ancestors, so
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 Fel-
lows OF Harvard College, in their corporate capacity,
and their successors in that capacity, their officers and
servants, shall have, hold, use, exercise, and enjoy, all the
powers, authorities, rights, liberties, privileges, immuni-
ties, and franchises, which they now have, or are entitled
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.

COMMONWEALTH OF MASSACHUSETTS. 29

n. 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- ah gifts,
ances, are hereby forever confirmed unto the president confirmed. '
and fellows of Harvard College, and to their successors
in the capacity aforesaid, according to the true intent and
meaning of the donor or donors, grantor or grantors,
devisor or devisors.

in. And whereas, by an act of the general court of
the colony of Massachusetts Bay, passed in the year one
thousand six hundred and forty-two, the governor and
deputy-governor, for the time being, and all the magis-
trates of that jurisdiction, were, with the president, and
a number of the clergy in the said act described, consti-
tuted the overseers of Harvard College; and it being
necessary, in this new constitution of government to
ascertain who shall be deemed successors to the said gov- who ahaii bo
ernor, deputy-governor, and magistrates; it is declared, °'^®"®''"-
that the governor, lieutenant-governor, council, and sen- f^ee statutes,
ate of this commonwealth, are, and shall be deemed, their i852i27.'
successors, who, with the president of Harvard College, isesi 173!
for the time being, together with the ministers of the con- ^*^°' ®^"
gregational churches in the towns of Cambridge, Water-
town, Charlestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College;
provided, that nothing herein shall be construed to pre- Power of aitera-
vent the legislature of this commonwealth from making the legislature.
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.

CONSTITUTION OF THE

Duty of legis-
latures and
magistrates in
all future
periods.
For further
provisions as to
public schools,
see amend-
ments, Arts.
XVIII. and
XLVI.

12 Allen, 500-
503

103'Mass. 94, 97.

CHAPTER V.

Section II.

The Encouragement of Litrrakire, etc.

Wisdom and knowledge, as well as virtue, diffused gen-
erally among the body of the people, being necessary for
the preservation of their rights and liberties; and as these
depend on spreading the opportunities and advantages of
education in the various parts of the country, and among
the different orders of the people, it shall be the duty
of legislatures and magistrates, in all future periods of
this commonwealth, to cherish the interests of literature
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,
manufactures, and a natural history of the country; to
countenance and inculcate the principles of humanity and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.

Oaths, etc.

Abolished. See
amendments.
Art. VII.

CHAPTER VI.

OATHS AND SUBSCRIPTIONS; INCOMPAT ABILITY OF AND
EXCLUSION FROM OFFICES; PECUNIARY QUALIFICA-
TIONS; COMMISSIONS; WRITS; CONFIRMATION OF LAWS;
HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE
OF OFFICERS; PROVISION FOR A FUTURE REVISAL OF THE
CONSTITUTION, ETC.

Article I. [Any person chosen governor, lieutenant-
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-
gion, and have a firm persuasion of its truth; and that I
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."

COMMONWEALTH OF MASSACHUSETTS. 31

And the governor, lieutenant-governor, and councillors,
shall make and subscribe the said declaration, in the pres-
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 Declaration
offices aforesaid, as also any person appointed or commis- aiTofffcera."^
sioned to any judicial, executive, military, or other office un-
der the government, shall, before he enters on the discharge
of the business of his place or office, take and subscribe the
following declaration, and oaths or affirmations, viz.:

["I, A. B., do truly and sincerely acknowledge, profess, For new oath
testify, and declare, that the Commonwealth of Massachu- see^mend-'^'
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 spiritual, within this com-
monwealth, except the authority and power which is or
may be vested by their constituents in the congress of the
United States: and I do 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, without any equivocation, mental evasion, or secret
reservation whatsoever. So help me, God."]

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

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

CONSTITUTION OF THE

Proviso. See
amendments,
Art. VI.

Oaths and
affirmations,
how adminis-
tered.

Plurality of
offices pro-
hibited to gov-
ernor, etc.,
except, etc.
See amend-
ments. Art.
VIII.

Same subject.
1 Allen, 553.

Incompatible
offices.

For further pro-
visions as to
incompatible
offices, see
amendments.
Art. VIII.
Officers of Har-
vard College

Provided, always, that when any person chosen or ap-
pointed as aforesaid, shall be of the denomination of the
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, [" / do
suwar," "and abjure," "oath or," "and abjuration," in the
first oath, and in the second oath, the words] " sicear
and," and [in each of them] the words "So help me,
God;" subjoining instead thereof, "This I do under the
yains and penalties of ycrjury."

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

II. No governor, lieutenant-governor, or judge of the
supreme judicial court, shall hold any other office or place,
under the authority of this commonwealth, except such as
by this constitution they are admitted to hold, saving that
the judges of the said court may hold the offices of justices
of the peace through the state; nor shall they hold any
other place or office, or receive any pension or salary from
any other state or government or power whatever.

No person shall be capable of holding or exercising at
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
judicial court — secretary — attorney -general — solicitor-
general — treasurer or receiver-general — judge of probate
— commissary-general — [president, professor, or instruc-
tor of Harvard College] — sherifi' — clerk of the house of
representatives — register of probate — register of deeds

COMMONWEALTH OF MASSACHUSETTS. 33

— clerk of the supreme judicial court — clerk of the infe- amendments
rior court of common pleas — or officer of the customs, ^n. xxvii.
including in this description naval officers — shall a«t 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.

And the same rule shall take place in case anv iudge of incompatible

. . .'JO offices

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

And no person shall ever be admitted to hold a seat in Bribery etc,
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.

HI. In all cases where sums of money are mentioned Vaiue of money
in this constitution, the value thereof shall be computed
in silver, at six shillings and eight pence per ounce; and Property quaii-

, 1, , . 1 !• 1 1 • 1 p • fications may

it shall be in the power oi the legislature, from time to be increased.
time, to increase such qualifications, as to property, of ments, Arts.
the persons to be elected to offices, as the circumstances xxxfv.
of the commonwealth shall require.

IV. All commissions shall be in the name of the Com- Provisions
monwealth of IVIassachusetts, signed by the governor and commissions.
attested by the secretary or his deputy, and have the

great seal of the commonwealth affixed thereto.

V. All writs, issuing out of the clerk's office in any of Provisions re-

1 PI iiii'i P1/-1 specting writs.

the courts or law, shall be in the name oi the Common- 2 Pick. 502.
wealth of Massachusetts; they shall be under the seal of the 13 Gray, '74.
court from whence they issue; they shall bear test of the
first justice of the court to which they shall be returnable,
who is not a party, and be signed by the clerk of such court.

VI. All the laws which have heretofore been adopted, Continuation of
used, and approved in the Province, Colony, or State of e^cTpT, etl"'
Massachusetts Bay, and usually practised on in the courts I Mass! 534.

of law, shall still remain and be in full force, until altered l^p^{^ ^fg^ ^'"■
or repealed by the legislature; such parts only excepted ii|-
as are repugnant to the rights and liberties contained in "
this constitution.

VII. The privilege and benefit of the writ of habeas Benefit of
corpus shall be enjoyed in this commonwealth, in the most securedrex-
free, easy, cheap, expeditious, and ample manner; and '^''^*' '^*^''"

CONSTITUTION OF THE

The enacting
style.

Officers of
former govern-
ment continued
until, etc.

Provision for
revising con-
stitution.
For existing
provision as to
amendments,
see amend-
ments, Art. IX.

Provision for
revising con-
stitution.

shall not be suspended by the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceeding twelve months.

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

IX. To the end there may be no failure of justice, or
danger arise to the commonwealth from a change of the
form of government, all officers, civil and military, hold-
ing commissions under the government and people of
Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con-
stitution shall take effect, shall have, hold, use, exercise,
and enjoy, all the powers and authority to them granted
or committed, until other persons shall be appointed in
their stead; and all 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 court, and the supreme and executive
officers under this constitution, are designated and invested
with their respective trusts, powers, and authority.

X. [In order the more effectually to adhere to the
principles of the constitution, and to correct those viola-
tions which by any means may be made therein, as well
as to form such alterations as from experience shall be
found necessary, the general court which shall be in the
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 unincorporated planta-
tions, directing them to convene the qualified voters of
their respective towns and plantations, for the purpose of
collecting their sentiments on the necessity or expediency
of revising the constitution, in order to amendments.

And if it shall appear, by the returns made, that two-
thirds of the qualified voters throughout the state, who
shall assemble and vote in consequence of the said pre-
cepts, are in favor of such revision or amendment, the
general court shall issue precepts, or direct them to be
issued from the secretary's office, to the several towns
to elect delegates to meet in convention for the purpose
aforesaid.

COMIVIONWEALTH OF MASSACHUSETTS. 35

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.]

XI. This form of government shall be enrolled on Provision for
parchment, and deposited in the secretary's office, and be pubiighing this
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 future editions of the said laws.

ARTICLES OF AMENDMENT.

Article I. If any bill or resolve shall be objected to, Bin. et"^ not
and not approved by the governor; and if the general within five
court shall adjourn within five days after the same shall berome'aiaw.
have been laid before the governor for his approbation, ad'ou^nlli'the
and thereby prevent his returning it with his objections, ^Mrss^^'se?'
as provided by the constitution, such bill or resolve shall j*'%^'")^; 9j •
not become a law, nor have force as such.

Art. II. The general court shall have full power and General Court

, ^5 , . . , ^ . empowered to

authority to erect and constitute municipal or city gov- charter cities.
ernments, in any corporate town or towns in this com- Seeamend-
monwealth, and to grant to the inhabitants thereof such xlvI'i.
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 Proviso,
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 twenty-one years of Qualifications

, . "^ . , '' -^ , of voters for

age and upwards, excepting paupers and persons under governor.
guardianship, who shall have resided within the common- govemo"
wealth one year, and within the town or district in which ^^"^*°'"^ ^"^

CONSTITUTION OF THE

representa-
tives.

See amend-
ments. Arts.
XXX.,

XXXII.. XL.
and XLV.
11 Pick. 538,
540.

14 Pick. 341.
14 Mass. 367.
5 Met. 162, 298,
591, 594.
7 Gray, 299.
122 Mass. 595,
597.

124 Mass. 596.
For educational
qualification,
see amend-
ments, Art.
XX.

Notaries pub-
lic, how
appointed
and removed.

See amend-
ments, Art.
XXXVII.

Vacancies in
the offices of
secretary and
treasurer, how
filled.

This clause
superseded by
amendments,
Art. XVII.

Commissary-
general may be
appointed, in
case, etc.

Militia officers,
how removed.

Who may vote
for captains and
subalterns.

Oath to be
taken by all
officers.
See Const.,
Ch. VI., Art. I.

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
or county tax, which shall, within two years next preced-
ing such election, have been assessed upon him, in any
town or district of this commonwealth; and also every
citizen who shall be, by law, exempted from taxation,
and who shall be, in all other respects, qualified as above
mentioned,] shall have a right to vote in such election of
governor, lieutenant-governor, senators, and representa-
tives; and no other person shall be entitled to vote in
such election.

For provision as to those who have served in the army or navy in time of war, see
amendments, Arts. XXVIII. and XXXI. See also amendments. Art. XXIII.,
which was annulled by amendments, Art. XXVI. For absentee voting, see amend-
ments, Art. XLV.

Art. IV. Notaries public shall be appointed by the
governor in the same manner as judicial officers are ap-
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
legislature.

[In case the office of secretary or treasurer of the com-
monwealth shall become vacant from any cause, during
the recess of the general court, the governor, with the
advice and consent of the council, shall nominate and
appoint, under such regulations as may be prescribed
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
require the appointment of a commissary-general, he shall
be nominated, appointed, and commissioned, in such man-
ner as the legislature may, by law, prescribe.

All officers commissioned to command in the militia
may be removed from office in such manner as the legis-
lature may, by law, prescribe.

Art. V. In the elections of captains and subalterns
of the militia, all the members of their respective compa-
nies, as well 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
by the constitution, the following oath shall be taken and
subscribed by every person chosen or appointed to any

COMMONWEALTH OF MASSACHUSETTS. 37

office, civil or military, under the government of this
commonwealth, before he shall enter on the duties of his
office, to wit: —

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

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

Art. VH. No oath, declaration, or subscription, ex- Tests aboi-
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.

Art. Vni. No judge of any court of this common- incompatibility
wealth, (except the court of sessions,) and no person "L^Mass". 445,
holding any office under the authority of the United losMasa 525
States, (postmasters excepted,) shall, at the same time,
hold the office of governor, lieutenant-governor, or coun-
cillor, or have a seat in the senate or house of representa-
tives of this commonwealth; and no judge of any court in
this commonwealth, (except the court of sessions,) nor the
attorney-general, solicitor-general, county attorney, clerk
of any court, sheriff, treasurer and receiver-general, reg-
ister of probate, nor register of deeds, shall continue to
hold his said office after being elected a member of the
Congress of the United States, and accepting that trust;
but the acceptance of such trust, by any of the officers
aforesaid, shall be deemed and taken to be a resignation
of his said office; and judges of the courts of common
pleas shall hold no other office under the government of
this commonwealth, the office of justice of the peace and
militia offices excepted.

Art. IX. If, at any time hereafter, any specific and Ameudments to

' «' 1 . . constitution,

particular amendment or amendments to the constitution how made.
be proposed in the general court, and agreed to by a ma-
jority of the senators and two-thirds of the members of
the house of representatives present and voting thereon.

CONSTITUTION OF THE

Commence-
ment of politi-
cal year.

and termina-
tion.

Meetings for the
choice of gov-
ernor, lieuten-
ant-governor,
etc., when to
be held.
This clause
superseded by
amendments,
Art. XV.

such proposed amendment or amendments shall be entered
on the journals of the two houses, with the yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the
senators and two-thirds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
amendment or amendments to the people; and if they
shall be approved and ratified by a majority of the quali-
fied voters, voting thereon, at meetings legally warned
and holden for that purpose, they shall become part of
the constitution of this commonwealth.

Art. X. The political year shall begin on the first
Wednesday of January, instead of the last Wednesday of
May; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, which are by the constitution required to be made and
done at the session which has heretofore commenced on the
last Wednesday of May. And the general court shall be
dissolved on the day next preceding the first Wednesday
of January, without any proclamation or other act of the
governor. But nothing herein contained shall prevent
the general court from assembling at such other times as
they shall judge necessary, or when called together by the
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 meeting for the choice of governor, lieutenant-
governor, senators, and representatives, shall be held on
the second Monday of November in every year; but
meetings may be adjourned, if necessary, for the choice
of representatives, to the next day, and again to the next
succeeding day, but no further. But in case a second
meeting shall be necessary for the choice of representa-
tives, such meetings shall be held on the fourth IVIonday
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-

COMMONWEALTH OF MASSACHUSETTS. 39

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

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

Art. XL Instead of the third article of the bill of Religious
rights, the following modification and amendment thereof established.
is substituted:- ^ _ ... Sgh^sM

"As the public worship of God and instructions in l^^'amend-
piety, religion, and morality, promote the happiness and xlvi' ^^^'
prosperity of a people, and the security of a republican
government; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses; and all persons
belonging to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society; and all religious sects and denomi- 122 Mass. 40, 41.
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

CONSTITUTION OF THE

Census of rata-
ble polls to be
taken in 1837,
and decennially
thereafter.
This article
was superseded
by amend-
ments, Art.
XIII.,

which was also
superseded by
amendments.
Art. XXI.
Representa-
tives, how
apportioned.

Towns having
less than 300
ratable polls,
how repre-
sented.

Fractions, how
represented.

Towns may
unite into repre-
sentative dis-
tricts.

The governor
and council to
determine the

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 ]\Iay, shall be taken and returned into the secre-
tary's office, in such manner as the legislature shall pro-
vide, within the month of May, in the year of our Lord
one thousand eight hundred and thirty-seven, and in every
tenth year thereafter, in the month of May, in manner
aforesaid; and each town or city having three hundred
ratable 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
shall be represented thus: The whole number of ratable
polls, at the last preceding decennial census of polls, shall
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
one or more representatives, with any number of polls
beyond the necessary number, may be represented, as to
that surplus number, by multiplying such surplus number
by ten and dividing the product by four hundred and fifty;
and such city or town may elect one additional representa-
tive as many years, within the ten years, as four hundred
and fifty is contained in the product aforesaid.

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

The governor and council shall ascertain and determine,
within the months of July and August, in the year of our

COMMONWEALTH OF MASSACHUSETTS. 41

Lord one thousand eight hundred and thirtj^-seven, accord- re^^rltativiJ to'

ing to the foregoing principles, the number of representa- which each

tives, which each city, town, and representative district titled.

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 Newappor-

, „ , , , Mil tionment to be

years, thereaiter, by the governor and council, and the made once in
number of ratable polls in each decennial census of polls, years.
shall determine the number of representatives, which each
city, town and representative district may elect as afore-
said; and when the number of representatives to be elected
by each city, town, or representative district is ascertained
and determined as aforesaid, the governor, shall cause the
same to be published forthwith for the information of the
people, and that number shall remain fixed and unalterable
for the period of ten years.

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

Art. XIIL [A census of the inhabitants of each city Census of in-
and town, on the first day of May, shall be taken, and taken in i84o,
returned into the secretary's office, on or before the last luy ther"a"ter.
day of June, of the year one thousand eight hundred and reprwentation.
forty, and of every tenth year thereafter; which census Provisions as

,, 1 • 1 • (. ^° census su-

shall determine the apportionment or senators and repre- persedod by

PIP amendments,

sentatives tor the term oi ten years. 122 Mass. 59.5. Arts. xxi.

The several senatorial districts now existing shall be senatorial dis-
permanent. The senate shall consist of forty members; tncts declared
and in the year one thousand eight hundred and forty, Provisions as
and every tenth year thereafter, the governor and council superseded by
shall assign the number of senators to be chosen in each AJt"xxiL^'
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.

The members of the house of representatives shall be House of repre-
apportioned in the following manner: Every town or city appOTtiTned.'"'^
containing twelve hundred inhabitants may elect one rep- ^^'j^'rirentatiVcs"
resentative; and two thousand four hundred inhabitants ai^g^n^'^ent''^
shall be the mean increasing number, which shall entitle Art. xxi.
it to an additional representative.

CONSTITUTION OF THE

Small towns,
how repre-
sented.

Towns may
unite into
representative
districts.

Basis of
representation,
and ratio of
increase.

The governor
and council to
apportion the
number of
representatives
of each town
once in every
ten years.

Councillors to
be chosen from
the people at
large.

Provisions as
to councillors
superseded by
amendments,
Art. XVI.

Qualifications
of councillors.

Every town containing less than twelve hundred inhab-
itants shall be entitled to elect a representative as many
times within ten years as the number one hundred and
sixty is contained in the number of the inhabitants of said
town. Such towns may also elect one representative for
the year in which the valuation of estates within the com-
monwealth shall be settled.

Any two or more of the several towns may, by consent
of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
purpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every
tenth year thereafter, form themselves into a representa-
tive district, to continue for the term of ten years; and
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
to elect one representative, and the mean increasing num-
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 the
commonwealth shall have increased to seven hundred and
seventy thousand, and for every additional increase of
seventy thousand inhabitants, the same addition of one-
tenth shall be made, respectively, to the said numbers
above mentioned.

In the year of each decennial census, the governor and
council shall, before the first day of September, apportion
the number of representatives which each city, town, and
representative district is entitled to elect, and ascertain
how many years, within ten years, any town may elect a
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
the people at large, on the first Wednesday of January,
or as soon thereafter as may be, by the joint ballot of the
senators and representatives, assembled in one room, who
shall, as soon as may be, in like manner, fill up any vacan-
cies that may happen in the council, by death, resignation,
or otherwise. No person shall be elected a councillor, who

COMMONWEALTH OF MASSACHUSETTS. 43

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 ^u^ljfjftton^for
be required as a qualification for holding a seat in either a seat in gen-
branch of the general court, or in the executive council, councTnor

Art. XIV. In all elections of civil officers by the ^^T"^" ^

1 » 1 . , . . tilections by

people 01 this commonwealth, whose election is provided the people to
for by the constitution, the person having the highest num- of votes.
ber of votes shall be deemed and declared to be elected.

Art. XV. The meeting for the choice of governor, Time of annual
lieutenant-governor, senators, and representatives, shall eI-no*rTnd^fgis-
be held on the Tuesday next after the first Monday in '^*^"''^-
November, annually; but in case of a failure to elect rep-
resentatives on that day, a second meeting shall be holden,
for that purpose, on the fourth Monday of the same month
of November.

Art. XVI. Eight councillors shall be annually chosen Eight councii-
by the inhabitants of this commonwealth, qualified to vote chosen by the
for governor. The election of councillors shall be deter- i'2TMass. 595,
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
thereafterwards, shall divide the commonwealth into eight district state.
districts of 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-
lature. No person shall be eligible to the office of coun- Eligibility
cillor who has not been an inhabitant of the commonwealth '^***'"'''^-
for the term of five years immediately preceding his elec-
tion. The day and manner of the election, the return of Day and man-
the votes, and the declaration of the said elections, shall efJ.° ''®''*'°"'
be the same as are required in the election of governor.
[Whenever there shall be a failure to elect the full num- Vacancies, how
ber of councillors, the vacancies shall be filled in the same rdrliew pro-

'CONSTITUTION OF THE

vision as to
vacancies, see
amendments,
Art. XXV.

Organization of
the govern-
ment.

Election of
secretary,
treasurer,
auditor, and
attorney-gen-
eral by the
people.

Vacancies,
how filled.

manner as is required for filling vacancies in the senate;
and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
be, after such vacancies 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
Wednesday in January, to be by them examined; and in
case of the election of either of said officers, the choice
shall be by them declared and published; but in case there
shall be no election of either of said officers, the legisla-
ture shall proceed to fill such vacancies in the manner pro-
vided in the constitution for the choice of such officers.

Art. XVII. The secretary, treasurer and receiver-
general, auditor, and attorney-general, shall be chosen
annually, on the day in November prescribed for the
choice of governor; and each person then chosen as such,
duly qualified in other respects, shall hold his office for
the term of one year from the third Wednesday in Jan-
uary next thereafter, and until another is chosen and
qualified in his stead. The qualification of the voters,
the manner of the election, the return of the votes, and
the declaration of the election, shall be such as are required
in the election of governor. In case of a failure to elect
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in January next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from any cause, during an annual or special session
of the general court, such vacancy shall in like manner
})e filled by choice from the people at large; but if such
vacancy shall occur at any other time, it shall be supplied

COMMONWEALTH OF MASSACHUSP^TTS. 45

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 day^*"other-
after he could otherwise enter upon his duties, to qualify deemed '^^ *° ^^
himself in all respects to enter upon the discharge of such vacant.
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 inhabit- '''"^"'®'*®-
ant 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 pUe/for^secta-
all moneys which may be appropriated by the state for fo" original'
the support of common schools, shall be applied to, and fcwis°"e^^°
expended in, no other schools than those which are con- constitution,
ducted according to law, under the order and superintend- Art. iii.
ence of the authorities of the town or city in which the 103 mS's. 94, %'.
money is to be expended; and such moneys shall never Ju^perseded\T^
be appropriated to any religious sect for the maintenance, lr\®"xLvi*^'
exclusively, of its own school.]

Art. XIX. The legislature shall prescribe, by general Legislature to

. p 1 • n' ' PI prescribe for

law, tor the election 01 sherins, registers of probate, [com- the election of
missioners of insolvency,] and clerks of the courts, by the ters of probate,
people of the several counties, and that district-attorneys amendments,
shall be chosen by the people of the several districts, for g^or^^i^^^"
such term of office as the legislature shall prescribe. ^^ ^'^^y- ''*•

no Mass. 172, 173. 117 Mass. 002, 603. 121 Mass. 65.

Art. XX. No person shall have the right to vote, or Reading consti-

1 I'M 1 rr- 1 1 • • I' 1 • tution in

be eligible to omce under the constitution or this common- Ensiish and
wealth, who shall not be able to read the constitution in sary qu'aiifica-
the English language, and write his name: provided, how- Proviso. ^°*'^'^^'
ever, that the provisions of this amendment shall not apply fcationrsee^''"
to any person prevented by a physical disability from com- amendments,
plying with its requisitions, nor to any person who now See'aiso'amend-
has the right to vote, nor to any persons who shall be xxiti., which
sixty years of age or upwards at the time this amendment by^amend-^'^

shall take effect. For absentee voting, see amendments, Art. XLV. vttvt' ^^^'

Art. XXI. A census of the legal voters of each city Census of legal
and town, on the first day of May, shall be taken and rnhabitants?^
returned into the office of the secretary of the common- rtc!'"see''"'
wealth, on or before the last day of June, in the year one ^- ^- **• ^^-

CONSTITUTION OF THE

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

Secretary shall
certify to offi-
cers authorized
to divide
counties.

Meeting for
division to bo
first Tuesday
in August.
Proceedings.

Qualifications
of representa-

thousand eight hundred and fifty-seven; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enumer-
ation shall be made of the legal voters; and in each city,
said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid shall determine the apportionment
of representatives for the periods between the taking of
the census.

The house of representatives shall consist of two hun-
dred and forty members, which shall be apportioned by
the legislature, at its first session after the return of each
enumeration as aforesaid, to the several counties of the
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-
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-
wealth, to certify, as soon as may be after it is determined
by the legislature, the number of representatives to which
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
assignment of representatives to each county, assemble at
a shire town of their respective counties, and proceed, as
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

COMMONWEALTH OF MASSACHUSETTS. 47

his election, shall have been an inhabitant of the district j22®Ma8a 595
for which he is chosen, and shall cease to represent such 598.
district when he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be Districts to be

nviniDsrGQ

numbered by the board creating the same, and a descrip- described and
tion of each, with the numbers thereof and the number
of legal voters therein, shall be returned by the board, to
the secretary of the commonwealth, the county 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 Art. xxxiii.
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 gl^p^Vc^'ai
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the 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- voters to be
meration shall be made of the legal voters, and in each timiment^f"'^"
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 Senate to con-

T -11 • n . p sist of forty

general court shall, at its first session after each next pre- members.
ceding special enumeration, divide the commonwealth into
forty districts of adjacent territory, each district to contain, Senatorial
as nearly as may be, an equal number of legal voters, ac- '^*"''*^' ^^'^■
cording to the enumeration aforesaid: provided, hoivever, See amend-
that no town or ward of a city shall be divided therefor; xxiv.
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 Qualifications
senator, who shall have been an inhabitant of this com-
monwealth five years at least immediately preceding his
election, and at the time of his election shall be an inhab-
itant of the district for which he is chosen; and he shall

CONSTITUTION OF THE

Quorum, see
amendments,
Art. XXXIII.

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

Vacancies in
the senate.

Vacancies in
the council.

Twenty-third
article of
amendments
annulled.

Provisions of
Art. II., Chap.
VI., relating to

cease to represent such senatorial district when he shall
cease to be an inhabitant of the commonwealth. [Not less
than sixteen senators shall constitute a quorum for doing
business; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.]

Art. XXIII. [No person of foreign birth shall be en-
titled to vote, or shall be eligible to office, unless he shall
have resided within the jurisdiction of the United States
for two years subsequent to his naturalization, and shall
be otherwise qualified, according to the constitution and
laws of this commonwealth: 2^^ow(iec?, that this amend-
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and,
provided, further, that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom.]

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

Art. XXV. In case of a vacancy in the council, from
a failure of election, or other cause, the senate and house
of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to 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
of amendment of the constitution of this commonwealth,
which is as follows, to wit: "No person of foreign birth
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
of the constitution of this commonwealth as relates to per-

COMMONWEALTH OF MASSACHUSETTS. 49

sons holding the office of president, professor, or instructor °frd^co*iie?e"'
of Harvard College, is hereby annulled. annulled.

Art. XXVHI. 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 For" absentee °^'
in this commonwealth more than one place of public meet- ^on?fer°^''
ing within the limits of each town for the election of officers ^t^'xLv"*^'
under the constitution, and to prescribe the manner of call-
ing, holding and conducting such meetings. All the pro-
visions of the existing constitution inconsistent with the
provisions herein contained are hereby annulled.

Art. XXX. No person, otherwise qualified to vote in Voters not dis-
elections for governor, lieutenant-governor, senators, and ?e"^'n of ^
representatives, shall, by reason of a change of residence dencruntiuij
within the commonwealth, be disqualified from voting for ume*i!if\emovai
said officers in the city or town from which he has removed For absentee
his residence, until the expiration of six calendar months sion, see

I. V 1 J • e ^ 1 amendments,

from the time oi such removal. Art. xlv.

Art. XXXI. Article twenty-eight of the amendments ^"®^^®yi?'
of the constitution is hereby amended by striking out in amended.
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 Person who
of the United States in time of war, and having been hon- or'^navyTetc'?^
orably discharged from such service, if otherwise qualified "rom'^voli'ng fo^
to vote, shall be disqualified therefor on account of receiv- "on-payment of
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- Provisions of
ments of the constitution of the commonwealth as is con- Art. in., reia-
tained in the following words: "and who shall have paid, mlntof^atex
by himself, or his parent, master, or guardian, any state or '^uaurcatlon,
county tax, which shall, within two years next preceding annulled,
such election, have been assessed upon him, in any town
or district of this commonwealth; and also every citizen
who shall be, by law, exempted from taxation, and who

CONSTITUTION OF THE

Quorum, in
each branch of
the general
court, to con-
sist of a
majority of
members.

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

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

Amendments,
Art. XIX.,
amended.

Removal of
certain officers.

Voting

machines may
be used at
elections.

Powers of the
legislature
relative to the
taking of land,
etc., for
widening or
relocating
highways, etc.

Proviso.

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 trans-
action of business, but a less number may adjourn from day
to day, and compel the attendance of absent members. All
the provisions of the existing constitution inconsistent with
the provisions herein contained are hereby annulled.

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

Art. XXXV. So much of article two of section three
of chapter one of the constitution of the commonwealth
as is contained in the following words: "The expenses of
travelling to the general assembly, and returning home,
once in every session, and no more, shall be paid by the
government, out of the public treasury, to every mem-
ber who shall attend as seasonably as he can, in the judg-
ment of the house, and does not depart without leave",
is hereby annulled.

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

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

Art. XXXVIII. Voting machines or other mechanical
devices for voting may be used at all elections under such
regulations as may be prescribed by law: inomded, how-
ever, that the right of secret voting shall be preserved.

Art. XXXIX. Article ten of part one of the consti-
tution is hereby amended by adding to it the following
words : — The legislature may by special acts for the pur-
pose of laying out, widening or relocating highways or
streets, authorize the taking in fee by the commonwealth,
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-
erty authorized to be taken are specified in the act and
are no more in extent than would be sufiicient for suit-

COMMONWEALTH OF MASSACHUSETTS. 51

able building lots on both sides of such highway or street,
and after so much of the land or property has been ap-
propriated for such highway or street as is needed there-
for, may authorize the sale of the remainder for value
with or without suitable restrictions.

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

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

Art. XLH. 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-
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. XLin. The general court shall have power to Powers of the
authorize the commonwealth to take land and to hold, Relative to^tL
improve, sub-divide, build upon and sell the same, for the etc'"to°relk!ve'
purpose of relieving congestion of population and providing congestion of
homes for citizens: provided, however, that this amendment and to provide
shall not be deemed to authorize the sale of such land or citizens.
buildings at less than the cost thereof. Proviso.

Art. XLIV. Full power and authority are hereby given Powers of the
and granted to the general court to impose and levy a tax Relative to*^*
on income in the manner hereinafter provided. Such tax j^'^nritax
may be at different rates upon income derived from differ- on income;

1 p iiiiii'i • i> exemptions,

ent classes of property, but shall be levied at a uniform etc.
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

CONSTITUTION OF THE

Powers of the
general court
to provide by
law for ab-
sentee
voting.

No law to pro-
hibit free
exercise of
religion.

Public money
not to be ex-
pended to aid
educational,
charitable,
religious or
other institu-
tions not
wholly under
public owner-
ship and
control, etc.

Exceptions.

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.

Art. XLV. The general court shall have power to pro-
vide by law for voting by qualified voters of the common-
wealth who, at the time of an election, are absent from the
city or town of which they are inhabitants in the choice of
any officer to be elected or upon any question submitted
at such election.

Art. XLVI. (In place of article XVIII of the articles
of amendment of the constitution ratified and adopted
April 9, 1821, the following article of amendment, sub-
mitted by the constitutional convention, was ratified and
adopted November 6, 1917.) Article XVIII. Section 1.
No law shall be passed prohibiting the free exercise of
religion.

Section 2. All moneys raised by taxation in the towns
and cities for the support of public schools, and all moneys
which may be appropriated by the commonwealth for the
support of common schools shall be applied to, and ex-
pended 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 expended; and no grant, appropriation or use of
public money or property or loan of public credit shall be
made or authorized by the commonwealth or any political
division thereof for the purpose of founding, maintaining
or aiding any school or institution of learning, whether
under public control or otherwise, wherein any denomi-
national doctrine is inculcated, or any other school, or any
college, infirmary, hospital, institution, or educational,
charitable or religious undertaking which is not publicly
owned and under the exclusive control, order and superin-
tendence of public officers or public agents authorized by
the commonwealth or federal authority or both, except
that appropriations may be made for the maintenance and
support of the Soldiers' Home in Massachusetts and for
free public libraries in any city or town, and to carry out
legal obligations, if any, already entered into; and no such
grant, appropriation or use of public money or property

COMMONWEALTH OF MASSACHUSETTS. 53

or loan of public credit shall be made or authorized for the
purpose of founding, maintaining or aiding any church,
religious denomination or society.

Section 3. Nothing herein contained shall be construed Care or sup-
to prevent the commonwealth, or any political division hCspitais.Ttc^f
thereof, from paying to privately controlled hospitals, whrarrpubiic
infirmaries, or institutions for the deaf, dumb or blind not ''^ajs^-
more than the ordinary and reasonable compensation
for care or support actually rendered or furnished by such
hospitals, infirmaries or institutions to such persons as
may be in whole or in part unable to support or care for
themselves.

Section 4- Nothing herein contained shall be construed inmates of

!• • (• ii'i iiii« certain pubho

to deprive any inmate of a publicly controlled reformatory, institutions

1 1 •. 11 • i'i /• PI • PI- not to be de-

penai or charitable institution or the opportunity of reli- prived of reii-

,1 • PI' j;*j.iij. • xj? gious exercises

gious exercises therein ot his own laith; but no inmate oi of their own
such institution shall be compelled to attend religious [TeUei to'^"""'
services or receive religious instruction against his will, or, attend religious

~ ^ ~ '_ ' services, etc.,

if a minor, without the consent of his parent or guardian, against their
Section 5. This amendment shall not take effect until Time of

the October first next succeeding its ratification and adop- taking effect.

tion by the people.

Art. XLVH. The maintenance and distribution at General court

., , ,. ,. p ,,. . to determine

reasonable rates, during time oi war, pubhc exigency, manner of dis-

1 • I p rn • J. 1 J! f 1 1 tribution of

emergency or distress, oi a suihcient supply ot rood and food, etc.,
other common necessaries of life and the providing of warl^e^^.^.Ty"^
shelter, are public functions, and the commonwealth and ^elwTdtl^
the cities and towns therein may take and may provide and towns.
the same for their inhabitants in such manner as the gen-
eral court shall determine.

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
affii'mative. 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 ne.xt; and not before, for any purpose,

54 CONSTITUTION OF THE

save only for that of making elections, agreeable to this resolu-
tion." The first legislature assembled at Boston, on the twenty-
fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by dele-
gates in convention assembled, November 15, 1820, to the people,
and by them ratified and adopted April 9, 1821.

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

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

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

The thirteenth Article was adopted by the 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 political years 1856 and 1857,
respectively, and ratified by the people on the first day of May,
1857.

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

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

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

COMMONWEALTH OP MASSACHUSETTS. 55

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 poUtical 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.

56 CONSTITUTION OF MASSACHUSETTa

The fortieth 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
poUtical 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 poUtical years 1914 and 1915, and were ap-
proved and ratified by the people on the second da^' of Novem-
ber, 1915.

The forty-fifth, forty-sixth and forty-seventh Articles were sub-
mitted, by delegates in convention assembled, September 28, 1917,
August 30, 1917 and October 11, 1917, respectively, to the people,
and by them ratified and adopted November 6, 1917.

[A proposed Article of Amendment prohibiting the manufacture
and sale of Intoxicating Liquor as a beverage, adopted by the legis-
latures of the poUtical 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) EstabUshing 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.

Page

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

general court, .......... 51

Absentee voting, general court to have power to provide for, ... 52
Acts and resolves of the general court, provision for submission of, to the

people on referendum, . . . . . . .51

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

governor with consent of council upon, ..... 27

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, . 31, 32, 37
Agriculture, arts, commerce, etc., to be encouraged, ..... 30

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; entered upon the journals of both houses,
and referred to the next general court; if the next general court
agrees to the proposition in the same manner, and to the same
effect, it shall be submitted to the people, and, if approved by them
by a majority vote, becomes a part of the constitution, .
Antiaid amendment, so-called, .......

Apportionment of councillors, ........ 25

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

Apportionment of senators, ........ 13

on basis of legal voters, and state to be divided into forty districts.
Apportionment of representatives, . . . . . . 16, 40

to the several counties, made on the basis of legal voters.
Armies, dangerous to hberty, and not to be maintained without consent of
the legislatm'e, ........

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

Arrest, members of house of representatives exempted from, on mesne process

while going to, returning from, or attending the general assembly,
Arrest, search and seizure, right of, regulated, .....

warrant to contain special designation, .....

Attorney-general, to be chosen by the people annually in November, ■ .

to hold office for one year from thii'd Wednesday in January next there-
after, and until another is chosen and qualified, .... 44

Attorney-general, election determined by legislature, ..... 44

in failiu'e of election by the voters, or in case of decease of person elected
vacancy to be filled by joint ballot of legislature from the two per-
6oas having the highest number of votes, at November election, . 44

[59]

37,38
52,53
42,43

43
41,47

46
41,44

21,44

60 INDEX TO THE CONSTITUTION.

Page
Attorney-general, vacancy occurring during session of the legislature, filled

by joint ballot of legislature from the people at large, ... 44
vacancy occurring during recess of legislature, filled by governor by ap-
pointment, with consent of council, ...... 45

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

election or appointment, ........ 45

office to be deemed vacant if person elected or appointed fails to be quali-
fied within ten days, ......... 45

Attorneys, district, elected by the people of the several districts, ... 45
Auditor, to be chosen by the people annually in November, ... 44

to hold office for one year from thii-d Wednesday in January next there-
after, and until another is chosen and qualified, .... 44

election determined by legislature, ....... 44

vacancy filled in same manner as in office of attorney-general, . . 44

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

election, ........... 45

office to be deemed vacant if person elected or appointed fails to be quali-
fied within ten days, ......... 45

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

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

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

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

if objected to by governor in writing, to be returned to branch in which
originated, and may be passed by two thirds of each branch present

and voting thereon by yeas and nays, ...... 10

if not returned by governor within five days after presentation, to have

force of law, unless the legislature adjoiu-ns before that time expires, 11, 35

provision for submission of, to the people on referendum, ... 61
Blind, the deaf, dumb or, privately controlled hospitals, etc., for, may be

compensated for the care and support of such persons, ... 53

Boards, public, to make quarterly reports to the governor, ... 23

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

title of: The Commonwealth of Massachusetts, . . .10
Bribery or corruption used in procuring an appointment or election, to dis-
qualify from holding any office of trust, etc., .... 33

Census of ratable poUs, . . . . . . . . . .40

of inhabitants, . . . . . . . . . . 41, 45, 46

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

year thereafter, .......... 45, 47

enumeration of voters to determine the apportionment of representatives, 46
Charitable, institution, etc., publicly, controlled, not to deprive an inmate of

the opportunity of religious exercises of his own faith, ... 52
undertaking, not under exclusive public control, etc., grant of public money

forbidden to, .......... 52

INDEX TO THE CONSTITUTION.

Church, appropriation of pubHc money, etc., not to be made to found any.

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

Cities and towns not to aid certain schools, educational, charitable, religious
or other institutions with moneys raised by taxation.

Cities and towns, etc., to provide food and shelter during time of war, etc..

Citizens, homes for, general court empowered to take land for relieving con-
gestion of population and providing, .....

Civil officers, meeting for election to be held annually on the Tuesday next after
the first Monday in November, ......

whose election is provided for by the constitution to be elected by a
pku-ality of votes, ........

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

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

College, not publicly owned, etc., grant of public money forbidden to, .

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

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

Commerce, agriculture and the arts, to be encouraged.

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

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

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

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

Commonwealth, not to aid certain schools, educational, charitable, religious
or other institutions with moneys raised by taxation,
to provide food and shelter during time of war, etc..

Congestion of population, etc., general court empowered to authorize the
taking of land for relieving, ......

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

members of, may not hold certain state offices, ....

Constitution, amendment to, proposed in the general court, agreed to by a
majority of senators and two-thirds of the house present and voting
thereon by yeas and nays; entered upon the journals of both houses,
and referred to the next general court; if the next general com-t
agrees to the proposition in the same manner and to the same effect,
it shall be submitted to the people, and, if approved by them by a
majority vote, becomes a part of the constitution,

Constitution, provisions for revising, .......

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

Coronei's, ............

Corrupt practices, in elections, relative to the right to vote by persons dis-
qualified by reason of, ....... .

Corruption or bribery used in procuring any appointment or election, to dis-
qualify from holding any office of trust, etc., . . . .

Council, five members to constitute a quorum, ......

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

Page
52

52
53

43
44
14

52
33

26,36

45,50

52
53

51
28
37

37,38
34,37

35
21

25,43

INDEX TO THE CONSTITUTION.

Council, election to be determined by rule required in that of governor,

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 mem
bers 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, ........

no property quahfication required, ......

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

eHgible to election if an inhabitant of state for five years preceding elec'
tion, ....... ...

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 behavior,
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, .

Deaf, dumb or blind, privately controlled hospitals, etc., for the, may be com-
pensated for the care of such persons, .

Debate, freedom of, in the legislature,

Declaration of the rights of the inhabitants.

Declaration and oaths of officers; tests abolished, . . . .30

Delegates to congress, ......

Denomination, rehgious, appropriation of public money, etc., not to be made
to found any, .........

Denominational doctrine, pubhc money not to be granted a school or institu-
tion wherein is inculcated any, ......

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

Distress, public, etc., commonwealth, cities and towns may provide food
other common necessaries of life and shelter during time of.

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

INDEX TO THE CONSTITUTION.

Page

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

districts, ........... 43

Districts, senatorial, forty, to be of adjacent territory, and to contain as near

as may be an equal number of voters, ..... 47

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

counties, . . . . . . . . . . . 40, 46

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

Doctrine, denominational, public money not to be granted a school or insti-
tution wherein is inculcated any, ....... 52

Dumb or blind, the deaf, privately controlled hospitals, etc., for, may be com-
pensated for the care of such persons, ...... 53

Duties and excises, power of general court to impose and levy reasonable, not

to be hmited, etc., ......... 52

Educational interests to be cherished, ....... 30

Educational undertaking, not under exclusive pubhc control, etc., grant of

public money forbidden to, . . . . . . . .52

Election, state, referendum on acts and resolves of the general court at, . 51
Election of civil officers, meeting to be held annually on the first Tuesday next

after the first Monday in November, . . . . * . .43

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

Monday in November, . . . . . . . . 43, 44

Election returns, . . . . . . . . . . . 14, 43

Elections ought to be free, ......... 6

Elections, by the people, of civil officers provided for by the constitution, to

be by plurality of votes, ........ 43

voting machines may be used at, . . . . . . .50

absentee voting at, general court to provide by law for, ... 52
Emergency, pubhc, etc., commonwealth, cities and towns may provide food,

other common necessaries of life and shelter during, ... 53

Enacting style of laws, estabhshed, ........ 34

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

Estates, valuation to be taken anew once at least every ten years, . . 12
Excises and duties, power of general court to impose and levy reasonable, not

to be limited, etc., ......... 52

Executive department, not to exercise legislative or judicial powers, . . 9

Exemptions, etc., from tax on income may be granted by general com-t, . 51

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

Exigency, public, etc., commonwealth, cities and towns may provide food,

other common necessaries of life and shelter during, ... 53

Felony and treason, no subject to be declared guilty of, by the legislature, . 9

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

Food, etc., may be provided by the commonwealth, cities and towns, during

time of war, etc., ......... 53

64 INDEX TO THE CONSTITUTION.

Page

Forest lands, taxation of, ......... 51

Frame of government, .......... 10

Free public libraries, appropriations may be made for the maintenance of, . 52

Freedom of speech and debate in the legislature, ..... 8

Freehold, possession of, not required as qualification for seat in the general

court or council, ......... 43

possession of, by governor, provision requiring, annulled, ... 50
Fundamental principles of the constitution, a frequent recurrence to, recom-
mended, ........... 8

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 representatives, 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 whenever called by the
governor, with the advice of council, ..... 10, 19, 38

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, 51, 52

to be dissolved on the day next preceding the first Wednesday of January, 20, 38
travelling expenses of members; provision annulled, . . .17,50

may be adjourned or prorogued, upon its request, by the governor with

advice of council, ......... 20

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, .... 27

person convicted of bribery, not to hold seat in, . . . . .33

may increase property qualifications of persons to be elected to office, . 33
certain officers not to have seats in, . . . . . . . 32, 33

may be prorogued by governor and council for ninety days, if houses dis-
agree, etc., .......... 20

to elect major generals by concurrent vote, ...... 22

empowered to charter cities, ........ 35

to determine election of governor, lieutenant governor and council-
lors, 19,24,43,44

to prescribe by law for election of sheriffs, registers of probate and com-
missioners of insolvency by the people of the counties, and district
attorneys by the people of the districts, ..... 45

quorum, to consist of a majority of members, ..... 50
powers of, relative to the taking of land, etc., for widening or relocating

highways or streets, ,.,...... 50

INDEX TO THE CONSTITUTION.

General court, provision for submission of bills and resolves of, to the people
on referendum, ........

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

to determine manner in which the commonwealth, cities and towns may
provide food and shelter in time of war, etc.,

to provide by law for absentee voting, ....

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

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

Governor, the supreme executive magistrate, styled, — The Governor of the

Commonwealth of Massachusetts; with the title of, — His Excellency

elected annually, .......

qualifications, .......... 19

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

should have an honorable stated salary, ....

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

to appoint the adjutant general, .....

may call together the councillors at any time,

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

to take oaths of office before president of the senate in presence of the
two houses of assembly, ......

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

election determined by the legislature, ....

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

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

vacancy in office of governor and lieutenant governor, powers to be exer-
cised by the council, ........

with advice of council, may adjourn or prorogue the legislature upon re^
quest, and convene the same, .....

may adjourn or prorogue the legislatm'e 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 infectious distemper prevaiUng, .

to appoint all judicial officers, notaries public and coroners; nominations
to be made at least seven days before appointment,

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

may pardon offences, but not before conviction, ....

may fill vacancy in council occurring when legislature 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 imprisonment not exceed-
ing thirty days, .........

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

may require the attendance of the secretary of the commonwealth in
person or by deputy, .......

Guardian, parent or, consent of, required to have minor in a publicly controlled
reformatory, etc., attend religious services, etc..

Page

3,5,6

37,50

20,21
22
19
32

32
33
19
10
24

21,36
22
21

27
14,44

18
20

INDEX TO THE CONSTITUTION.

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, 33
Harvard College, powers and privileges, gifts, grants and conveyances con-
firmed, 28, 29

board of overseers established, but the government of the college may be

altered by legislature, ........ 29

officers may be elected members of the general court, .... 48

Hereditary offices and privileges, absurd and unnatm'al, . . . . 5, 6

Highways, etc., taking of land for widening or relocating, powers of the legis-
lature concerning, ......... 50

Home, the Soldiers', in Massachusetts, appropriations may be made for the

support of, .......... 52

Homes for citizens, general court given power to take land for relieving con-
gestion of population and providing, ...... 51

Hospital, not publicly owned, etc., grant of public money forbidden to, . 62

for the deaf, dumb or blind, privately controlled, may be compensated

for the care of such persons, ....... 53

House of representatives, members may be instructed by the people, . . 8

a representation of the people annually elected and founded upon the

principle of equality, ......... 16

may impose fines upon towns not choosing members, .... 17

expense of travel once every session each way, to be paid by the govern-
ment; provision annulled, . . . . . . . . 17, 50

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

records, ........... 10

qualifications of members, ...... 17, 43, 46, 47

must be an inhabitant of district for one year preceding election, and shall

cease to be a member when ceasing to be an inhabitant of the state, 46, 47
members not to be arrested on mesne process during going to, return

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

the grand inquest of the commonwealth, ...... 17

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

amendments, ........ . . 17

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

quorum of, . . . . . . . . , . 17, 47, 50

to choose officers, establish its rules, etc., .... . . 18

may punish by imprisonment, not exceeding thirty days, persons guilty

of disrespect, etc.; trial may be by committee, .... 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 judicial court upon

important questions of law, and upon solemn occasions, ... 27
meeting for election to be held on the Tu^day next after the first Monday

of November, . . . . . . . . . " . 43

INDEX TO THE CONSTITUTION. 67

Page
House of representatives, in case of failui'e to elect, meeting to be held on

the fourth Monday of November, ...... 43

to consist of two hundred and forty members, apportioned to the
several counties equally, according to relative number of legal
voters, ........... 46

cominissioners to divide counties into representative districts of contigu-
ous territory,, but no town or ward of a city to be divided, . . 46

no district entitled to elect more than three representatives, ... 46

board authorized to divide county into districts, to be certified to by the
secretary, the number of representatives to which the county is en-
titled, 46, 47

Impeachments, by the house of representatives, to be tried by the senate;

limitation of sentence; party convicted liable to indictment, • . 16

Income, tax on, general court may impose and levy, etc., .... 51

Incompatible offices, .......... 32, 37

Infirmary, not pubficly owned, etc., grant of pubhc money forbidden to, . 52
for the deaf, dumb or blind, privately controlled, may be compensated

for the care actually rendered such persons, ..... 53

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

Inhabitants, census to be taken in 1865, and every tenth year there-
after, . 40, 41, 45, 46, 47

may be provided with food and shelter during time of war, exigency, etc., 53
Inmate, of publicly controlled reformatory, etc., not to be deprived of oppor-
tunity of religious exercises of his own faith, etc., .... 53

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

annulled, ........... 45, 50

Institution, not pubhcly owned, etc., grant of public money forbidden, . . 52

for the deaf, dumb or blind, privately controlled, may be compensated

for the care actually rendered such persons, ..... 53

reformatory, penal or charitable, pubhcly controlled, not to deprive in-
mate of the opportunity of rehgious exercises of his own faith, etc., . 53
of learning, wherein any denominational doctrine is inculcated, not to be

aided, etc., by grant of public money or credit, .... 52

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

Judges of com-ts may not hold certain other offices, . . . .32, 33, 37

Judges of the supreme judicial court, to hold office during good behavior, and

to have honorable salaries estabhshed by standing laws, . 9, 23, 24, 27

to give opinions upon important questions of law, etc., when required by

the governor and council, or either branch of legislature, . . 27

not to hold certain other offices, ....... 32

Judicatories and courts, may be established by the general court, . . 11

may administer oaths or affirmations, . . . . . .11

68 INDEX TO THE CONSTITUTION.

Page
Judicial department, not to exercise legislative or executive powers, . , 9
Judicial officers, appointed by the governor with consent of council; nomina-
tions to be made seven days prior to appointment, . . , 21
to hold office during good beha^^or, except when otherwise provided by

the constitution, ......... 27

may be removed from office by the governor, upon the address of both

houses of the legislature, . . . . . . . .27

Jury, trial by, right secured, ......... 7

Justices of the peace, commissions to expire in seven years from date of ap-
pointment, but may be renewed, ....... 27

removal of, from office, ......... 50

Land, etc., taking of, for widening or relocating highways, etc., ... 51

for reUeving congestion of population and providing homes for citizens, . 51

Law, prohibiting free exercise of religion not to be passed, .... 52

Law-martial, only those employed in the army and navy, and the militia in

actual service, subject to, except by authority of the legislature, . 9
Laws, every person to have remedy in, for injury to person or property, . 6
power of suspension or execution of, only in the legislature, ... 8
ex post facto, prohibited as unjust and inconsistent with free government, 9
of province, colony and state, not repugnant to the constitution, con-
tinued in force, .......... 33

Learning, school or institution of, wherein any denominational doctrine is

inculcated, not to be aided, etc., by grant of public money or credit, 52
Legal obUgations, grant of public money or credit permitted to carry out cer-
tain, ........... 52

Legislative power, . . . . . . . . . .9, 51, 52, 53

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

Libraries, free pubhc, appropriations may be made for maintenance of, . 52
Lieutenant governor, to be annually elected in November, — title of. His

Honor; who shall be qualified same as governor, . . 24, 38, 43, 50

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

to be acting governor when the chair of the governor is vacant, . . 24
to take oath of office before president of the senate in presence of both

houses, ........... 32

not to hold certain other offices, ....... 32

term of office, ........... 38

Literature and the sciences to be encouraged, . . ^ . . . .30

Magistrates and officers, accountable to the people, ..... 5
Magistrates and courts, not to demand excessive bail, impose excessive fines,

or inflict cruel punishments, ....... 9

INDEX TO THE CONSTITUTION.

Major generals, elected by senate and house of representatives by conciu'rent
vote, ..........

may appoint their aids, ........

Marriage, divorce and alimony, .......

Martial law, only those employed in the army and navy, and the militia in

actual service, subject to, except by authority of legislatm-e, .
Mihtary power, subordinate to civil authority, .....

Militia, not to be obhged by commander-in-chief to march out of the limits of
the state, ..........

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

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

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

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

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

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

organization; divisions, brigades, regiments and companies, .
Minor, in publicly controlled reformatory, etc., not compelled to attend reh

gious services, etc., without consent of parent or guardian,
Money, issued from treasury by warrant of governor, etc., .

mentioned in the constitution, to be computed in silver at six shiUings and
eight pence per ounce, .......

Money bills, to originate in the house of representatives,
Moneys, raised or appropriated for public or common schools, not to be applied
for support of sectarian schools, etc., .....

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

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

Page

22,36

22
22

Necessaries of life, commonwealth, cities and towns may take and provide,

dm'ing time of war, exigency, etc., ...... 53

Notaries public, to be appointed by governor with advice of council, 25, 26, 36, 50
how removed, . . . . . . . . . . . 36, 50

Oaths and affirmations, may be administered by courts and judicatories, . 11
how and by whom taken and subscribed, . . . .30, 31, 32, 36, 37

forms of, .

Quakers may affirm, . . . . .

to be taken by all civil and military officers.

Objects of government, . . . . .

30, 31, 37
. 32, 37
. 36, 37
. 3,6

70 INDEX TO THE CONSTITUTION.

Page

Obligations, legal, grant of public money or credit to certain institutions, etc.,

to carry out certain, . . . . . . . . .52

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

Office of trust, person convicted of bribery, etc., not to hold, ... 33
Office, rotation in, right secured, ........ 6

all persons having the prescribed qualifications equally ehgible to, . . 6

no person ehgible to, unless they can read and write, .... 45
Officers, civil, legislature may provide for the naming and settling of, . . 11

Officers, commission, tenui-e of office to be expressed in commissions, . . 27

Officers, judicial, to hold office during good behavior, except, etc., . . 27

may be removed by governor, with consent of council, upon the address of

both houses of the legislature, ....... 27

Officers of former government, continued, . . . . . . .34

Officers of the mihtia, election and appointment of, . . . . .22

removal of, .......... . 22, 36

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

Offices, plurahty of, prohibited to governor, lieutenant governor and judges, . 32, 37

incompatible, . . . . . . . . . . 32, 33, 37

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

Pardon of offences, governor with advice of council may grant, but not before

conviction, .......... 21

Parent, consent of guardian or, required to have minor in a publicly controlled

reformatory, etc., attend religious services, etc., .... 53

Penal institutions, etc., pubhcly controlled, not to deprive an inmate of the

opportunity of rehgious exercises of his own faith, etc., ... 53
People, to have the sole right to govern themselves as a free, sovereign and

independent state, ......... 6

have a right to keep and to bear arms for the public defence, . . 8

have a right to assemble to consult upon the common good, to instruct

their representatives, and to petition legislature, .... 8

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

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

PlantatioDis, unincorporated, tax-paying inhabitants may vote for councillors

and senators, .......... 14

Plurahty of offices, 32, 37

of votes, election of civil officers by, ....... 43

PoUtical division, any, of the commonwealth, may pay for care or support fur-
nished by privately controlled hospitals, etc., for the deaf, dumb or

bhnd, 53

Pohtical year, begins on the first Wednesday of January, .... 38

Polls, ratable, census of, .......... 40

Population, congestion of, etc., general court empowered to authorize the taking

of land for relieving, . . . . . . . . .51

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

Press, liberty of, essential to the security of freedom, ..... 8

INDEX TO THE CONSTITUTION.

Page

Private property taken for public uses, compensation to be made for, . . 6

Probate courts, provisions for holding, ....... 27

registers, elected by the people of the several counties, . . . . 21, 45

judges may not hold certain other offices, . . . . . .37

Property, income derived from various classes of, rates upon, how levied, . 51

Property qualification, may be increased by the legislatm-e, ... 33

partially abolished, .......... 43

of governor, annulled, ......... 50

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

Provincial laws, not repugnant to the constitution, continued in force, . . 33

Pubhc boards and certain officers to make quarterly reports to the governor, . 23
Public credit, etc., not to be authorized to found, etc., any church, religious

denomination or society, ........ 52

Public exigency, etc., commonwealth, cities and towns may provide food, other

common necessaries of life and shelter dm-ing, .... 53

Public libraries, free, appropriations may be made for support of, . , 52

Pubhc notary (see Notary pubUc).

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

aU persons having the prescribed qualifications equally ehgible, . . 6
Pubhc religious worship, right and duty of, ..... 4, 52, 53

Public trading amendment, so-called, ....... 53

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

Quakers, may make affirmation, . . . . . . . . 32, 37

QuaUfication of persons to be elected to office may be increased by the legislature, 33
QuaUfication, property, of governor, abolished, ...... 50

Quahfication, property, partially abolished, ...... 43

Qualifications, of a voter, 13, 17, 35, 36, 45, 48, 49, 50

of governor, . . . . . . . . . . 19, 44, 50

of Ueutenant governor, . . . . , . . . 24, 44, 50

of councillors, . . . . . . . . . . 42, 43, 44

of senators, . . . . . . . . . . 15, 41, 47

of representatives, . . . . . . . . 17, 18, 43, 46, 47

of secretary, treasurer, auditor, and attorney-general, .... 44

Quahfications, moral, of officers and magistrates, ..... 8

Quartermasters, appointed by commanding officers of regiments, ... 22
Quorum, of council, . . . . . . . . . 20, 25, 44

of senate, . . . . . . . . . . 16, 48, 50

of house of representatives, . . . . . . . 17, 47, 50

Ratable polls, census of, .......... 40

Rates, tax, upon income, how levied, ...... 51

Reading and WTiting, knowledge of, necessary qualifications for voting or hold

ing office, ........... 45

Records of the commonwealth to be kept in the office of the secretary, . . 26

72 INDEX TO THE CONSTITUTION.

Page

Referendum, on acts and resolves of the general court, provision for submis-
sion to the people to accept or reject, . . . . . .51

Reformatory, etc., publicly controlled, not to deprive an inmate of the oppor-
tunity of religious exercises of his own faith, etc., .... 53

by members present, ......... 25

Registers of probate, chosen by the people of the several counties, . . 21, 45

Religion, free exercise of, no law to be passed prohibiting, .... 52

Religious denomination, appropriation of pubUc money, etc., not to be made

to found any, .......... 52

Religious denominations, equal protection secured to all, . . -5, 39, 52

Religious sect or denomination, no subordination of one to another to be estab-
lished by law, . . . . . . . . . . 5, 39

Religious services or instruction, inmate of a publicly controlled reformatory,

etc., not to be compelled to attend against his will, etc., ... 53

Rehgious societies, may elect their own pastors or religious teachers, . . 5, 39

membership of, defined, ......... 39

Religious society, appropriation of public money, etc., not to be made to

found any, .......... 52

Rehgious undertaking, not under exclusive pubhc control, etc., grant of pubhc

money forbidden to, ......... 52

Religious worship, public, right and duty of, and protection therein, . . 4

support of the ministry, and erection and repair of houses of worship, . 4, 5, 39

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

Representatives (see House of Representatives).

Resolves (see Bills and resolves).

Returns of votes, 14, 19, 43, 44

Revision of constitution provided for in the year 1795, and subsequently, 34, 37, 38

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

Sailors and soldiers, who have served, etc., during time of war, not disquahfied

from voting on account of non-payment of poll tax, ... 49
Salary, a stated and honorable salary to be estabhshed 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., ... 51

School moneys, not to be appropriated for sectarian schools, etc., . . 45, 52

Seal, great, of the commonwealth to be affixed to all commissions, . . 33

Search, seizure and arrest, right of, regulated, ...... 7

Secretary of the Commonwealth, to be chosen by the people annually in

November, . . . . . . . . . . 26, 44

to hold office for one year from third Wednesday in January next there-
after, and until another is chosen and qualified, .... 44

manner of election, etc., same as governor, ...... 44

in failure of election by voters, or in case of decease of person elected,
vacancy to be filled by joint ballot of legislature, from the two persons
having the highest number of votes at November election, . . 44

INDEX TO THE CONSTITUTION.

Secretary of the Commonwealth, vacancy occurring during session of the legis-
lature, filled by joint ballot of the legislature from the people at large,

vacancy occm-ring when legislature is not in session, to be filled by gov-
ernor, by appointment, with advice and consent of council, . 36,

not eUgible, unless an inhabitant of the state for five years next preceding
election or appointment, ........

office to be deemed vacant if person elected or appointed faUs to be quali-
fied within ten days, ........

records of commonwealth to be kept in office of, .

may appoint deputies, for whose conduct he shall be accountable,

to attend governor and council, senate and hoiise, in person or by depu
ties, as they shall require, .......

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

to certify to board authorized to divide county into districts, the nmnber
of representatives to which the county is entitled.
Sectarian schools, not to be maintained at pubhc expense,
Selectmen, to preside at town meetings, elections, etc.,
Self-government, right of, asserted, ....
Senate, the fii'st branch of the legislature, .

to consist of forty members, apportionment, etc., . . . .12

to be chosen annually, ....

governor and at least five councillors, to examine and count votes, and
issue summonses to members,

to be final judges of elections, retm-ns and qualifications of their own
members, ......

vacancy to be filled by election, by people of the district, upon order of
majority of senators elected,

qualifications of a senator, ....

not to adjom-n more than two days at a time,

to choose its officers and estabhsh rules,

shall try all impeachments,

quorvun of, ..... .

may punish for certain offences; trial may be by committee

may require the attendance of the secretary of the commonwealth in
person or by deputy, ....

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

to enter objections, made by governor to passage of a bill or resolve, at
large on records, ....

districts, forty in number, to be of adjacent territory, and to contain, as
near as may be, an equal number of voters,

apportionment based upon legal voters.

School or institution of learning, wherein any denominational doctrine is

inculcated, not to be aided, etc., by grant of pubhc money or

credit, ...........

Shelter, etc., may be provided by the commonwealth, cities and towns, during

time of war, pubhc exigency, etc.,
Sheriffs, elected by the people of the several counties, . . . . .

Pape

44,45

. 26

26
33

46
45,52

10, 13

40,47

15,48

15,43

16, 17

48,50

47
47

53
21,45

INDEX TO THE CONSTITUTION.

Silver, value of money mentioned in the constitution to be computed in silver
at six shillings and eight pence per ounce, .....

Society, rehgious, etc., appropriation of public money, etc., not to be made to
found any, ..........

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

Soldiers and sailors, who have served in time of war, etc., not disqualified from
voting on account of non-payment of poll tax, ....

Soldiers' Home in Massachusetts, appropriations may be made for support of,

Solicitor-general, ...........

Standing armies, dangerous to hberty and not to be maintained without con-
sent of the legislature, ........

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

State or body politic, entitled, — The Commonwealth of Massachusetts,

Streets, etc., taldng of land for widening or relocating, powers of the legislature
concerning, ..........

Supreme judicial court, judges to have honorable salaries fixed by standing

laws, and to hold office during good behavior, ....

to give opinions upon important questions of law, etc., when required by

either branch of the legislature or by the governor and council,
not to hold certain other offices, .......

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

Page

49
52
21

51
10

9,23

32,37

Tax on income, general court may impose and levy, ....

Taxation should be founded on consent, . .....

Taxation, moneys raised by, for support of pubhc schools, not to be applied to
other schools, etc., ........

Taxes, not to be levied without the consent of the people or their representa-
tives, ..........

may be imposed by the legislature, ......

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

Tenure that all commission officers shall by law have in their offices, shall be
expressed in their commissions, ......

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

Title of body politic, — The Commonwealth of Massachusetts,

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

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

Town clerk, to make record and return of elections, ....

Town meetings, selectmen to preside at, , .

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

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

Towns and cities, not to aid certain schools, educational, charitable, religious
or other institutions with moneys raised by taxation,
may provide food and shelter during time of war, public emergency, etc.

Trading, public, amendment, so-called, ......

6,8

12,51

27
37
10
18
24
14
13
40,41
49

52
53
53

INDEX TO THE CONSTITUTION. 75

Page
Travelling expenses of members, to general assembly and returning home, once

in every session, to be paid by the government, .... 17

Treason and felony, no subject to be declared guilty of, by the legislature, . 9

Treasurer and receiver general, to be chosen by the people annually in No-
vember, . . . . . . . . . . . 26, 44

to hold office for one year from third Wednesday in January next there-
after, and until another is chosen and quahfied, .... 44

manner of election, etc., same as governor, ...... 44

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

election or appointment, .....'... 45

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

in failui-e of election by voters, or in case of decease of person elected,
vacancy to be filled by joint ballot of legislatiu-e from the two persons
having the highest number of votes at November election, . . 44

vacancy occurring during session of the legislature, filled by joint ballot

of the legislature from the people at large, ..... 44, 45

vacancy occurring when legislature is not in session, to be filled by gov-
ernor, by appointment, with advice and consent of the council, 36, 44, 45
office to be deemed vacant if person elected or appointed fails to be quah-
fied within ten days, ......... 45

Treasury, no moneys to be issued from, but upon the warrant of governor, ex-
cept, etc., 22, 23

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

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

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

levied throughout the commonwealth, etc., ..... 51
University at Cambridge, 28, 29, 48, 49

Vacancy in office of governor, powers to be exercised by lieutenant governor, . 25, 26

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 legislatm-e is not in
session, to be filled by governor with advice of the council, . 43, 44, 48

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

majority of senators elected, . . . . . . . 15, 48

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, . . . . . . . . . 44, 45

occurring during session of legislature, filled by joint ballot of legislature

from people at large, ......... 44, 45

INDEX TO THE CONSTITUTION.

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

by appointment, with advice of council, . . . .36, 44, 45

Vacancy in militia office, filled by governor and council, if electors neglect or

refuse to make election, ........ 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 governor, sena-
tors, and representatives, . . . .13, 17, 35, 36, 45, 48, 49, 50

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 con-
stitution in the EngUsh language, .... 17, 35, 36, 45

the basis upon which the apportionment of representatives to the several
counties is made, ......

basis of apportionment of senators, ....

census of, to be taken in 1865, and every tenth year after,
referendiun to, on acts and resolves of the general court,
Votes, returns of, ....... .

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

Voting, absentee, general court to have power to provide for,
machines may be used at elections, ....

precincts in towns, . .

45, 46, 47

14, 19, 43, 44
43
52
50
49

War time, commonwealth, cities and towns may provide food, other common

necessaries of life, and shelter diu-ing, ...... 53

Wild or forest lands, taxation of, ........ 51

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

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap and expedi-
tious manner, and not to be suspended by legislature, except for a
limited time, .......... 33, 34

Writing and reading, necessary quaUfications for voting, or holding office, . 45
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, . 33

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

GENERAL ACTS

MASSACHUSETTS
1918

!^° The General Court of the year nineteen hundred and eighteen assembled
on Wednesday, the second day of January. The oaths of office were taken and
subscribed by His Excellency Samuel W. McCall and His Honor Calvin
CooLiDGE, on Thursday, the third day of January, in the presence of the two
Houses assembled in convention.

GENERAL ACTS.

An Act authorizing the treasurer and receiver Chap. 1

GENERAL TO MAKE PAYMENTS TO MEMBERS OF THE SENATE
AND HOUSE OF REPRESENTATIVES ON ACCOUNT OF COM-
PENSATION FOR SERVICES AND TRAVELLING EXPENSES.

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

Section 1. The treasurer and receiver general is hereby Advance pay-
authorized and directed to make advances during the months "e^ of ge^erS*
of January and February to members of the senate and ure^and *'^^^^'
house of representatives on account of compensation due gl^^eraL
for services and travelUng expenses in accordance with
existing laws at the rate of expenditure authorized by appro-
priations for the preceding year.

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

Approved January 4, 1918.

An Act relative to the rate of interest on certain QJiap. 2

securities to be ISSUED DURING THE CURRENT YEAR.

Be it enacted, etc., as follows:

Section 1. Such securities as may be issued during the interest rate
current year under the provisions of section six of chapter s°curitiM°issued
three hundred of the General Acts of nineteen hundred y^r°by'^tr^a°-*
and fifteen, as amended by chapter two hundred and twenty "^^^1^°^*^
of the General Acts of nineteen hundred and seventeen, of general.
chapters two hundred and twenty-one of the General Acts
of nineteen hundred and fifteen, three hundred and twenty-
four, three hundred and thirty-one and three hundred and
sixteen of the General Acts of nineteen hundred and seven-
teen, for the purpose of meeting the expenditures therein
authorized, shall bear such rate of interest as the treasurer

General Acts, 1918. — Chap. 3.

and receiver general, with the approval of the governor and
council, may determine.
Section 2. This act shall take effect upon its passage.

Approved January 28, 1918.

1917, 287 (G),
§ 1, amended.

Rate of
interest on
bonds for
power trans-
mission line
between
Wachusett and

Chap. 3 An Act relative to the interest on bonds issued for

THE construction OF A POWER TRANSMISSION LINE BE-
TWEEN THE WACHUSETT DAM AND THE SUDBURY DAM.

Be it enacted, etc., as folloivs:

Section 1. Section one of chapter two hundred and
eighty-seven of the General Acts of the year nineteen hun-
dred and seventeen is hereby amended by striking out the
words "Act of 1917", in the tenth and eleventh lines, and
adding at the end thereof the words : — except that the rate
of interest to be paid thereon shall be such as the treasurer
and receiver general, with the approval of the governor
and council, may determine, — so as to read as follows: — ;
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,
Sudbury dams, ^j^jgp authority of chapter one hundred and seventy-two of
the General Acts of the year nineteen hundred and sixteen,
the treasurer and receiver general shall issue from tune to
time, upon the request of said board, bonds in the name and
behalf of the commonwealth, designated on the face thereof.
Metropolitan Water Loan, to an amount not exceeding
twelve thousand dollars, to be taken from the unexpended
balance of forty-six thousand dollars authorized by chapter
six hundred and ninety-four of the acts of the year nine-
teen 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, except that the rate of interest to be paid thereon shall
be such as the treasurer and receiver general, with the
approval of the governor and council, may determine.

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

Approved February 7, 1918.

General Acts, 1918. — Chaps. 4, 5.

An Act to provide that the second assistant register (Jhap. 4

OF probate and insolvency for the county of ESSEX
MAY BE A WOMAN.

Be it enacted, etc., a3 folloivs:

Section 1. The second assistant register of probate and ^°^coJd^^
insolvency for the county of Essex may be a woman. assistant

Section 2. This act shall take effect upon its passage, probate, Essex

Approved February 7, 1918. *^°"" ^'

An Act relative to the interest on bonds issued for QJiq^q [
the construction of a water main in the east

BOSTON district OF THE CITY OF BOSTON.

Be it enacted, etc., as foUoios:

Section 1. Section two of chapter three hundred and fa'-amLdid
twenty-two of the General Acts of the year nineteen hun-
dred and seventeen is hereby amended by striking out the
words "Act of 1917", in the sixth line, and adding at the
end thereof the words: — except that the rate of interest to
be paid thereon shall be such as the treasurer and receiver
general, with the approval of the governor and council,
may determine, — so as to read as follows : — Section 2. To Rate of
meet the expenses incurred under the provisions of this act, b'o^ndf for"
the treasurer and receiver general shall issue from time to last B^sTon''*
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, to an amount
not exceeding thirty thousand dollars, to be taken from the
unexpended balance of the amount authorized by chapter
six hundred and ninety-four of the acts of the year nineteen
hundred and twelve, and the provisions of chapter four hun-
dred and eighty-eight of the acts of the year eighteen hun-
dred and ninety-five, and acts in amendment thereof and
in addition thereto, shall, so far as applicable, apply to the
indebtedness and proceedings authorized by this act, except
that the rate of interest to be paid thereon shall be such as
the treasurer and receiver general, with the approval of the
governor and council, may determine.

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

Aijproved February 7, 1918.

General Acts, 1918. — Chaps. 6, 7.

Chap. 6 An Act relative to the interest on bonds issued for

COMPLETING THE EXTENSION OF THE SOUTH METROPOL-
ITAN SEWER TO THE TOWN OF WELLESLEY.

Be it enacted, etc., as follows:

Ifamlnd^d' Section 1. Scction one of chapter two hundred and
eighty-five of the General Acts of the year nineteen hundred
and seventeen is hereby amended by adding at the end
thereof the words: — except that the rate of interest to be
paid thereon shall be such as the treasurer and receiver
general, with the approval of the governor and council, may
Rate of determine, — so as to read as follows: — Section 1. The

bonds for trcasurcr and receiver general, in order to provide for the

sewe? exteLion complctiou of the cxtcnsion of the high-level sewer authorized
Weifesiey/ by chapter three hundred and forty-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, to an amount not exceed-
ing three hundred and twenty-five thousand dollars, in addi-
tion 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 proceedings authorized by
this act, except that the rate of interest to be paid thereon
shall be such as the treasurer and receiver general, with the
approval of the governor and council, may determine.
Section 2. This act shall take effect upon its passage.

Approved February 7, 1918.

Chap. 7 An Act to exempt from taxation ithe income from

DEPOSITS IN mutual SAVINGS BANKS IN OTHER STATES.

Be it enacted, etc., as follows:

Section 1. The paragraph entitled "First" of sub-
division (a) of section two of chapter two hundred and sixty-
nine of the General Acts of nineteen hundred and sixteen is
hereby amended by adding at the end thereof the following:
— and deposits in any mutual savings bank, without a
paid-in capital stock, situated in any state which exempts

1916, 269 (G),
§ 2, par. First,
subdivision
(a), amended.

General Acts, 1918. — Chaps. 8, 9.

from taxation to its inhabitants similar deposits and divi-
dends thereon, owned by such inhabitants in savdngs banks
in this commonwealth, — so as to read as follows: — First: ^°'"°^tg^[°'"
Deposits in any sa\ings bank chartered by this common- mutual sav-
wealth or in the Massachusetts Hospital Life Insurance Com- other states
pany, or such of the deposits in the savings department taxl^fon!'^"'"
of any trust company so chartered as do not exceed in
amount the limits imposed upon deposits in savings banks
by section forty-six of chapter five hmidred and ninety of the
acts of the year nineteen hundred and eight, and acts in
amendment thereof and m addition thereto, and deposits in
any mutual savings bank, without a paid-in capital stock,
situated in any state which exempts from taxation to its in-
habitants similar deposits and dividends thereon, owned by
such inhabitants in savings banks in this commonwealth.
Section 2. This act shall take effect upon its passage.

Approved February 8, 1918.

An Act to discontinue the newspaper publication of Chap. 8

THE general laws.

Be it enacted, etc., as follows:

Section 1. Section four of chapter nine of the Revised Repeal.
Laws is hereby repealed.
Section 2. This act shall take effect upon its passage.

Approved February 11, 1918.

An Act relative to the inspection of gas. Chap. 9

Be it enacted, etc., as follows:

Section 1. Section one hundred and eighty-one of chap- low, 742. § isi,
ter seven hundred and forty-two of the acts of the year ^™^'^^«'^-
nineteen hundred and fourteen is hereby amended by striking
out the second, third and last sentences thereof, and the
words "to give less light than sixteen standard English
candles, or", in the twenty-first line, so as to read as fol-
lows: — Section 181. The gas of every company which i^sp^t'oi*
supplies more than fifty consumers shall be inspected at
least twice a year and as much oftener as the board may
determine. The board may, from time to time, for the
purpose of establishing a new standard of purity for gas,
after a public hearing, determine how many grains of sulphur
and ammonia per hundred cubic feet of gas may be per-

General Acts, 1918. — Chap. 10.

Forfeiture,
when gas is
found to be
below the
standard of
purity, etc.

Rules and
regulations to
govern quality
of gas, etc.,

1914, 742, § 1S2,
amended.

Unit of meas-
ure for sale
of gas.

mitted, but not more than thirty grains of sulphur per hun-
dred cubic feet and no sulphiireted hydrogen shall be allowed.

If the gas of any gas company or of any city or town
supplying gas is found on three consecutive inspections, or
on three inspections made within a period of thirty consecu-
tive days, upon such averaging of inspections as the board
may prescribe to be below the standard of purity fixed under
tliis act, unless such defect is in the opinion of the board due
to unavoidable cause or accident, such company, city or
town shall be liable to a forfeiture of one hundred dollars,
which may be recovered by an information in equity brought
in the supreme judicial court by the attorney-general, at the
relation of the board, and when so recovered shall be paid
into the treasury of the commonwealth.

Section 2. The board of gas and electric light commis-
sioners may from time to time, after notice and a public
hearing, establish rules and regulations not inconsistent with
law, governing the quality of the gas supplied by persons,
firms and corporations, public or private, which are subject
to the provisions of said chapter seven hundred and forty-
two. Such rules and regulations shall be enforced in the
manner provided in section one hundred and forty-two of
said chapter.

Section 3. Said chapter seven hundred and forty-two is
hereby further amended by striking out section one hundred
and eighty-two and inserting in place thereof the following : —
Section 182. The unit of measure for the sale of gas by
meter shall be the cubic foot, containing sixty-two and two
thousand nine hundred and ninety-three ten thousandths
pounds avoirdupois weight of air-free distilled water at
sixty degrees Fahrenheit when weighed in dry air at the
same temperature and at a barometric pressure of thirty
inches of mercury.

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

Approved February 11, 1918.

Chap. 10 An Act relative to the expenses of the executive

department.

Be it enacted, etc., as follows:

Section 1. There shall be paid annually from the treas-
ury of the conmaonwealth such sum as the general court may
appropriate for whatever expenses of the executive depart-
ment the governor may find necessary.

Executive de-
partment
expenses.

General Acts, 1918. — Chap. 11. 9

Section 2. Section eight of chapter four of the Revised ^'^p^'"'-
Laws is hereby repealed.
Section 3. This act shall take effect upon its passage.

Approved February 11, 1918.

An Act to authorize savings banks to make payments Chart- 11

AT branch offices ON ACCOUNT OF DEPOSITS.

Be it enacted, etc., as follows:

Section thirty-six of chapter five hundred and ninety of etf 'amended
the acts of the year nineteen hundred and eight, as amended
by chapter two hundred and eleven of the acts of the year
nineteen hundred and eleven is hereby further amended by
striking out the words ", for the receipt of deposits only",
in the tenth line, so as to read as follows: — Section 36. ^^""^^^f"^^
Such corporation shall carry on its usual business at its payments at

11. 1 1 11 'xiiiji • ^ branch offices.

bankmg house only, and a deposit shall not be received or
payment on account of deposits be made by the corporation
or by a person on its account in any other place than at its
banking house, which shall be in the city or town in which
the corporation is established; except that the corporation
may, with the written permission of and under regulations
approved by the commissioner, maintain and establish one
or more branch offices or depots in the city or town in which
its banking house is located, or in towns not more than
fifteen miles distant therefrom in which there is no savings
bank at the time when such permission is given: provided, Proviso.
hoivever, that, in order to encourage saving among the children
in the schools of this commonwealth, the corporation may,
with the written consent of and under regulations approved
by the commissioner and, in the case of public schools, by
the commissioner and the school committee in the city or
town in which the school is situated arrange for the collec-
tion of savings from the school children by the principal or
teachers of such schools or by collectors. All moneys so
collected shall be entered on an indixidual deposit card
furnished by the corporation, but the total collections re-
ceived by the corporation from any one principal or teacher
may be entered in the name of such principal or teacher as
trustee. When, however, the amount deposited by any one
pupil and credited on the deposit card equals the minimum
amount upon which interest is allowed the corporation shall
issue a pass book to such pupil and thereafter, when the
amount deposited by the pupil and credited on the deposit

10 General Acts, 1918. — Chaps. 12, 13.

card equals the sum of one dollar, it shall be transferred to
the deposit book by the corporation. The principal, teacher
or person authorized by the corporation to make collections
from the school children shall be deemed to be the agent of
the corporation and the corporation shall be liable to the
pupil for all deposits made with such principal, teacher or
other person and entered upon the deposit card, the same
as if the deposit were made by the pupil directly with the
Annual meet- Corporation. The annual meeting, and meetings of the
where held. trustccs Or board of investment of such corporation, may be
held at any place in the city or town in which its banking
house is located. Approved February 11, 1918.

Chap. 12 An Act to discontinue the incorporation of certain

BANKS.

Be it enacted, etc., as folloios:

©"stltrbanks ^"^ ^"^ after the passage of this act no bank shall be in-

discontmued corporatcd under the provisions of chapter one hundred and

fifteen of the Revised Laws and amendments thereof. Said

provisions, however, shall continue in full force and effect as

to banks already incorporated thereunder.

Approved February 12, 1918.

Chap. 13 An Act to permit the dragging for flounders by the

BEAM OR otter TRAWL IN PLEASANT BAY IN THE TOWN
OF ORLEANS.

Be it enacted, etc., as folloios:
1904. 118, § 1, Section 1. Section one of chapter one hundred and

amended. n. iii ip 'ii

eighteen of the acts of nineteen hundred and tour is hereby

amended by adding at the end thereof the following: — or

dragging for flounders by the beam trawl or otter trawl,

the minimum mesh to be three inches, — so as to read as

Dragging for follows: — SectioH 1. No pursc or sweep seines, set nets or

Pleasant Bay gjH ncts, for the taking of fish shall be set, drawn, used or

permitte . maintained in the waters of Pleasant bay or its tributaries in

the town of Orleans; but nothing herein contained shall be

construed to forbid or make unlawful the maintaining of

traps, pounds or weirs under licenses granted in accordance

with section one hundred and sixteen of chapter ninety-one

of the Revised Laws, or dragging for flounders by the beam

trawl or otter trawl, the minimum mesh to be three inches.

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

Approved February I4, 1918.

General Acts, 1918. — Chaps. 14, 15. 11

An Act to provide a discount on advance payments of (J hap. 14

INHERITANCE TAXES.

Be it enacted, etc., as follows:

Section 1. Section four of chapter five hundred and eta.'amendtd.
sixty-three of the acts of nineteen hundred and seven,
codified as section four of Part IV of chapter four hundred
and ninety of the acts of nineteen hundred and nine, as
amended by section two of chapter five hundred and twenty-
seven of the acts of nineteen hundred and nine, by section
one of chapter one hundred and fifty-two of the General
Acts of nineteen hundred and fifteen, and by section two of
chapter two hundred and sixty-eight of the General Acts of
nineteen hundred and sixteen, is hereby further amended by
adding at the end thereof the following new paragraph : —
If a tax imposed by the provisions of this act is paid prior Discount on
to the date upon which it is due, it shall be discounted at the meJftso'fm-'
rate of four per cent a year. heritance taxes.

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

Api)roved February I4, 1918.

An Act to extend the time within which certain (JJidr) 15
chiropodists may apply for registration.

Be it enacted, etc., as follows:

Paragraph (1) of section five of chapter two hundred and Pg'^'af m''
two of the General Acts of nineteen hundred and seventeen amended.
is hereby amended by striking out the words "October,
nineteen hundred and seventeen", in the sixth line, and in-
serting in place thereof the words: — May, nineteen hun-
dred and eighteen, — so as to read as follows : — Section 5. Time extended

-r> • • 1 1 • p II ^°'' registration

Registration under this act shall be granted as loUows : — of certain
(1) Any chiropodist who shall furnish the board with satis-
factory 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 May, nineteen
hundred and eighteen, and who proves to the satisfaction
of the said board that he has been engaged 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 with-
out examination, and shall receive a certificate as a chiropodist
registered under this clause, signed by the chairman and
secretary of the board. Approved February I4, 1918.

General Acts, 1918. — Chaps. 16, 17.

Repeal.

Time of
taking effect.

Chap. 16 An Act to discontinue the purchase of certain town

RECORDS ANTEDATING THE YEAR EIGHTEEN HUNDRED AND
FIFTY.

Be it enacted, etc., as follows:

Section 1. Chapter four hundred and seventy of the
acts of nineteen hundred and two is hereby repealed.

Section 2. This act shall take effect on December
first of the current year. Approved February 14, 1918.

Chap. 17 An Act relative to the color of lights required on

motor vehicles.

Be it enacted, etc., as follows:

Itc^' Amended Scction scvcu of chapter five hundred and thirty-four of
the acts of nineteen hundred and nine, as amended by
section three of chapter sixteen of the General Acts of nine-
teen hundred and fifteen, is hereby further amended by
inserting after the word "lights", in the twenty-third line,
the words: — or lights of yellow or amber tint, — and by
inserting after the word "light", in the twenty-fourth line,
the words : — or light of yellow or amber tint, — so as to
Brakes required read as foUows: — Scctiou 7. Evcry motor vehicle of more
veWc?e°.'^ than ten horse power operated in or on any way shall be

provided with at least two brakes, powerful in action and
separated from each other, of which one brake shall act
directly on the driving wheels or on parts of the mechanism
which are firmly connected with said wheels. Each of the
two brakes shall suffice alone to stop the motor vehicle
within a proper distance. One of the two brakes shall be
Proviso. so arranged as to be operated with the feet: provided, how-

ever, that on automobiles not exceeding ten horse power one
brake shall be deemed to be sufficient. Every motor cycle
shall be provided with at least one brake. Every motor
vehicle so operated shall be provided with a muffler or
other suitable contrivance to prevent unnecessary noise and
with a suitable bell, horn or other means of signalling, and
with suitable lamps; and automobiles shall be provided with
a lock, a ratchet brake which can be set, a key or other
contrivance to prevent such vehicle from being set in motion
by unauthorized persons, or otherwise, contrary to the will
Color of lights of the owner or person in charge thereof. Every automobile
motor^vehrcies. Operated during the period from one half an hour after
sunset to one half an hour before sunrise shall display at

General Acts, 1918. — Chap. 18. 13

least two white lights, or lights of yellow or amber tint, and
every motor cycle so operated at least one white light, or
light of yellow or amber tint, which shall be visible not less
than two hundred feet in the direction toward which the
vehicle is proceeding; and every such motor vehicle shall
display at least one red light in the reverse direction. Every Rear light,
automobile so operated shall have a rear light so placed as
to show a red light from behind and a white light so arranged
as to illuminate and not obscure the rear register number.

Approved February 14, 1918.

An Act enabling the commonwealth to accept Chap. 18

FEDERAL AID IN THE CONSTRUCTION OF RURAL POST
ROADS.

Be it enacted, etc., as follows:

Section 1. Section two of chapter sixty-seven of the loir, 67 (o,
General Acts of nineteen hundred and seventeen is hereby ^ "' '*™*'''^''^-
amended by striking out all after the word "highways", in
the eleventh line, and substituting the following : — The said
commission is also authorized to use any money heretofore
or hereafter appropriated by the general court for the con-
struction of specific highways or routes, the money appro-
priated from the fees obtained from the licensing of motor
vehicles, or from towns under the provisions of section
twenty-three of Part I of chapter three hundred and forty-
four of the General Acts of nineteen hundred and seventeen,
and also any money received from the federal government on
account of the construction of highways. The said com-
mission is also authorized for the purpose of securing federal
aid to use any money appropriated by a county, city or
town for the construction of a road or any part thereof for
which federal aid may be secured, and to make contracts or
agreements involving the expenditure of said money, pro-
vided the county commissioners of the county or the select-
men or duly authorized officials of the city or town have
agreed in writing to pay the money thus appropriated upon
the order of said commission. Said commission is also au-
thorized to maintain the roads constructed under the pro-
visions of this act or of said act of congress, from any money
appropriated by the general court for the maintenance of
state highways or for the repair or maintenance of town or
county ways, — so as to read as follows : — Section 2. The Construction
Massachusetts highway commission is hereby authorized to roaXtn to-

General Acts, 1918. — Chap. 18.

operation
with federal
government.

Cost of con-
struction, etc.,
how paid.

Proviso.

1917.67(G),
amended, add-
ing new section.
Treasurer and
receiver general
may receive
money from
federal govern-
ment for con-
struction of
highways.

make all contracts and agreements, and to do all other
things necessary to co-operate with the United States govern-
ment in the construction and maintenance of rural high-
ways, 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 pro\'isions 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. The said commission is
also authorized to use any money heretofore or hereafter
appropriated by the general court for the construction of
specific highways or routes, the money appropriated from
the fees obtained from the licensing of motor vehicles, or
from towns under the provisions of section twenty-three of
Part I of chapter three hundred and forty-four of the General
Acts of nineteen hundred and seventeen, and also any
money received from the federal government on account of
the construction of highways. The said commission is also
authorized for the purpose of securing federal aid to use any
money appropriated by a county, city or town for the con-
struction of a road or any part thereof for which federal
aid may be secured, and to make contracts or agreements
involving the expenditure of said money, provided the
county commissioners of the county or the selectmen or duly
authorized officials of the city or town have agreed in writing
to pay the money thus appropriated upon the order of said
commission. Said commission is also authorized to maintain
the roads constructed under the provisions of this act or of
said act of congress, from any money appropriated by the
general court for the maintenance of state highways or for
the repair or maintenance of town or county ways.

Section 2. Said chapter sixty-seven is hereby amended
by adding the following new section : — Section 3. The
treasurer and receiver general is hereby authorized to receive
from the United States any and all sums of money payable
to this commonwealth under any act of congress for the
construction of any highways therein. The sums so re-
ceived shall be expended upon the order or approval of the
Massachusetts highway commission without specific ap-
propriation.

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

Approved February 20, 1918.

General Acts, 1918. — Chaps. 19, 20, 21. 15

An Act relative to recounts after primary elections Chap. 19

IN THE city of BOSTON.

Be it enacted, etc., as follows:

Section ninety-nine of chapter eight hundred and thirty- i9i3, sss § 99,
five of the acts of nineteen hundred and thirteen is hereby
amended by striking out the word "second", in the third
fine, and inserting in place thereof the word: — third, — so
as to read as follows : — Section 99. In Boston petitions Recount
for recounts after primaries shall be filed before five o'clock primariea
in the afternoon of the third day thereafter.

Approved February 20, 1918.

An Act increasing the sum that may be expended to (JJidj)^ 20

ACQUIRE LAND FOR THE DEDHAM REGISTRY OF DEEDS.

Be it enacted, etc., as follows:

Section one of chapter one hundred and fourteen of the 1917, 114 (O),
General Acts of nineteen hundred and seventeen is hereby ' '*"*'° ^
amended by striking out the word "ten", in the sixth line,
and substituting the word: — fifteen, — so as to read as fol-
lows: — Section 1. The county commissioners of the county Sum to pur-
of Norfolk are hereby authorized to purchase, or take by Dedham regia-
right of eminent domain, such land in the immediate vicinity increased! ^
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 fifteen
thousand dollars. Approved February 20, 1918.

An Act to change the name of the harbor and land Qhav. 21
commissioners' tide water fund to waterways
fund.

Be it enacted, etc., as folloivs: ,

Section 1. The fund established by chapter two hun- waterways
dred and fifty-seven of the acts of nineteen hundred and deL?gnated.
twelve and designated therein as the Harbor and Land Com-
missioners' Tide Water Fund shall be hereafter designated
as the Waterways Fund.

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

Approved February 25, 1918.

General Acts, 1918. — Chaps. 22, 23.

Chap. 22 An Act to authorize the county commissioners of

THE COUNTY OF NORFOLK TO SELL CERTAIN LAND IN THE
TOWN OF RANDOLPH.

Be it enacted, etc., as follows:

The county commissioners of the county of Norfolk are
hereby authorized to sell certain land of the county in the
town of Randolph, with the buildings thereon, purchased by
the said commissioners for the purpose of a tuberculosis
hospital under the provisions of chapter two hundred and
eighty-six of the General Acts of nineteen hundred and
sixteen, and to expend the proceeds of the sale for the pur-
pose of carrying out the provisions of said chapter two hun-

Sale of land in
Randolph pur-
chased for
tuberculosis
hospital au-
thorized, etc.

dred and eighty-six.

Approved February 25, 1918.

1913, 520, §1,
amended.

Chap. 23 An Act relative to the approval of pay rolls, bills

AND ACCOUNTS OF PERSONS IN THE SERVICE OF ANY CITY
OTHER THAN BOSTON.

Be it enacted, etc., as follows:

Section one of chapter five hundred and twenty of the
acts of nineteen hundred and thirteen is hereby amended
by adding at the end thereof the following: — or in case of
the absence or disability of the head of the department or of
such person, then by a person designated by the head of the
department and approved by the mayor, — so as to read as
follows: — Section 1. It shall be unlawful for the treasurer
or other fiscal officer of any city other than Boston to pay
any salary or compensation to any person in the service or
emplo\rment of the city unless the pay roll, bill or account for
such salary or compensation shall be sworn to by the head
of the department or by the person who is immediately re-
sponsible for the appointment, employment, promotion or
transfer of the persons named therein, or in case of the
absence or disability of the head of the department or of
such person, then by a person designated by the head of the
department and approved by the mayor.

Approved February 25, 1918.

Approval of
pay rolls, bills
and accounts
for salary in
certain cities.

General Acts, 1918. — Chaps. 24, 25. 17

An Act relative to the transfer of employees and (Jji^rf 24

LABORERS IN THE SERVICE OF THE BOSTON TRANSIT COM-
MISSION.

Be it enacted, etc., as foUoics:

Chapter eighty-six of the General Acts of nineteen hun- 1917, 86 (o,
dred and seventeen is hereby amended by striking out all '^'^^'^'^^'^■
after the enacting clause and substituting the following : —
Engineers, draftsmen, laborers and all other employees who Transfer of
were in the employ of the Boston transit commission on the fabolersTf '*"''
first daj^ of January, nineteen hundred and eighteen, may, commis^fon'"*'
if citizens of the United States, be transferred to the employ
of any city or town in the metropohtan district without
examination, and notwithstanding any restriction in the
civil service laws or regulations applicable to such transfers,
provided that a request to such effect be made by the head
of a department in any such city, with the approval of the
mayor, or by the chairman of the board of selectmen in any
such town. Approved February 25, 1918.

An Act to permit towns to include income tax Qhav 25

RECEIPTS AS A BASIS FOR CERTAIN LOANS.

Be it enacted, etc., as follows:

Section 1. Section one of chapter eighty-three of the wis, 83(G),
General Acts of nineteen hundred and fifteen is hereby ^ '' '*™®°^^'^-
amended by inserting after the word "levy", in the eighth
line, the words: — plus such sum as may have been received
from the state during the preceding year on account of the
income tax, — so as to read as follows : — Section 1 . To Towns may
provide the necessary funds to meet liabilities authorized to iax'recdptT™^
be incurred by section two of chapter six hundred and ^r certain loans.
ninety-two of the acts of the year nineteen hundred and
thirteen, the town treasurer, with the approval of a ma-
jority of the selectmen, may borrow on notes of the town
during any one month between January first and the next
annual town meeting a sum not exceeding one twelfth of the
previous tax levy, plus such sum as may have been received
from the state during the preceding year on account of the
income tax, the same to be regarded as a part of the total
amount which may be borrowed under the provisions of
section three of chapter seven hundred and nineteen of the
acts of the year nineteen hundred and thirteen, as amended;

General Acts, 1918. — Chap. 26.

said notes shall be subject to certification by the director of
the bureau of statistics in accordance with law.

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

Approved February 26, 1918.

Chap. 26 An Act eelative to the borrowing of money by cities

AND TOWNS in ANTICIPATION OF CERTAIN RECEIPTS.

1913, 719, § 3,
etc., amended.

Cities, towns
and districts
may borrow in
anticipation of
certain receipts.

1913, 719, § 4,
amended.

Temporary
loans by cities
and towns
authorized.

Be it enacted, etc., as foUo2vs:

Section 1. Section three of chapter seven hundred and
nineteen of the acts of nineteen hundred and thirteen, as
amended by section two of chapter one hundred and forty-
three of the acts of nineteen hundred and fourteen, is hereby
further amended by striking out the word "and", in the
ninth line, and insertmg after the word "railway", in the
same line, the words: — and income, — so as to read as
follows: — Section 3. Cities and towns, and fire, water,
light, watch, and improvement districts, so-called, may, by
a majority vote, incur debt for temporary loans in anticipa-
tion of the revenue of the financial year in which the debt is
incurred and expressly made payable therefrom by such
vote, and may issue a note or notes therefor to an amount
which for cities and towns shall not exceed in the aggregate
the total tax levy of the preceding fuiancial year, together
with the bank, corporation, street railway, and income tax
received during the preceding financial year, exclusive of
special or additional assessments or revenue from any other
source except pa^Tnents made by the commonwealth in
lieu of taxes on account of property taken for institutions
or for metropolitan district purposes. Such notes shall be
payable, and shall be paid, not later than one year from the
date thereof, and shall not be renewed or paid by the issue
of new notes, except as is provided in section nine.

Section 2. Section four of said chapter seven hundred
and nineteen is hereby amended by inserting after the word
"commonwealth", in the seventh line, the words: — or
county, — and after the word "commission", in the ninth
line, the words: — or county commissioners, — so as to
read as follows : — Section 4- Cities and towns may, by a
majority vote, incur debt for temporary loans for the pay-
ment of any land damages or any proportion of the general
expenses of altering a grade crossing which they are required
primarily to pay under the provisions of law, or any pro-
portion of the expense of constructing a highway in anticipa-

General Acts, 1918. — Chaps. 27, 28. 19

tion of reimbursement by the commonwealth or county, such
reimbursement first to have been agreed upon by the Mas-
sachusetts highway commission or county commissioners,
and may issue a note or notes therefor and for a period not
exceeding one year from the date thereof; and when any
money so paid is repaid to the municipahty, it shall be
applied to the discharge of the loan. Notes issued under the
provisions of this section shall not be renewed or paid by the
issue of new notes, except as is pro\'ided in section nine.
Section 3. This act shall take effect upon its passage.

Approved February 26, 1918.

An Act to provide for the construction of fish nhni) 27

WEIRS, nets and traps BEYOND ESTABLISHED HARBOR
LINES.

Be it enacted, etc., as follows:

Section 1. Chapter ninety-one of the Revised Laws, r. l. qi, § ne,
as amended in section one hundred and sixteen by chapter ®*'''' ^'"^^ ^'^'
five hundred and twenty-three of the acts of nineteen hun-
dred and thirteen and by chapter fifty-four of the General
Acts of nineteen hundred and seventeen, is hereby further
amended by striking out said section one hundred and six-
teen and substituting the following: — Section 116. The Construction of
mayor and aldermen of a city and the selectmen of a town beyond"arbor
lying upon tide water, may, in writing, authorize any person -^g^! ^"*'"°''"
to construct w^eirs, pound nets or fish traps in tide water in
locations not only where no harbor lines exist but also in
locations beyond established harbor lines, 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, upon such terms and subject to such conditions as
the said commission may, in its discretion, impose.

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

Approved February 26, 1918.

An Act relative to the duty and manner of assessing Chav 28

TAXES.

Be it enacted, etc., as follows:

Section 1. Section thirty-seven of Part I of chapter 1909,490,
four hundred and ninety of the acts of nineteen hundred and rmended.^'''
nine is hereby amended by striking out the word "and", in

20 General Acts, 1918. — Chap. 29.

the seventh Hne, and substituting a comma, and by inserting
after the word "towns", in the ninth Hne, the words: —
and of all abatements granted on account of the tax assess-
ment of any year in excess of the overlay of that year, and
not otherwise provided for, — so as to read as follows : —
manner'of SectioTi 37. The asscssors shall annually assess taxes to an
assessing taxes, amouut not Icss than the aggregate of all amounts appro-
priated, granted or lawfully expended by their respective
cities or towns since the last preceding annual assessment
and not provided for therein, of all amounts which are re-
quired by law to be raised by taxation by the said cities or
towns during said year, of all amounts necessary to satisfy
final judgments against the said cities or towns and of all
abatements granted on account of the tax assessment of any
year in excess of the overlay of that year, and not otherwise
provided for; but such assessments shall not include lia-
bilities for the payment of which cities or towns have lawfully
voted to contract debts. The assessors may deduct the
amount of all the estimated receipts of their respective cities
or towns, except from loans or taxes, which are lawfully
applicable to the pa\Tnent of the expenditures of the year
from the amount required to be assessed; but such deduc-
tion shall not exceed the amount of such receipts during the
preceding year.
Section 2. This act shall take effect upon its passage.

Ajypro'ved February 26, 1918.

Chap. 29 An Act relative to the due date of income taxes

AND the payment OF INTEREST THEREON.

Be it enacted, etc., as follows:

§^^5,' fmeLdl'd. Section 1. Section fifteen of chapter two hundred and
sixty-nine of the General Acts of nineteen hundred and
sixteen is hereby amended by striking out the word "fif-
teenth", in the fifth line, and inserting in place thereof the
Due date of word : — first, — so as to read as follows: — Section 15. The
mcome taxes. ^^^ commissioner shall, on or before the first day of September
in each year, give notice to every person taxable under the
provisions of this act of the amount of the tax payable by
him, and of the date upon which the tax is due and payable,
which date shall be the first day of October. The notice
shall be a written or printed notice, and shall be mailed,
postage prepaid, addressed to the person assessed at his
place of residence or business, or at the address given in his

General Acts 1918. — Chap. 30. 21

return, or otherwise delivered at such place of residence or
business or at such address. All taxes assessed hereunder
may be paid at the office of the tax commissioner in Boston
or at the office of the income tax assessor for the district in
which the taxpayer resides or has his principal place of
business, at the option of the taxpayer, and the notice shall
state the places at which the tax may be paid.

Failure to receive the notice provided for by this section
shall not affect the validity of the tax.

Section 2. Section eighteen of said chapter two hundred fis'fmeidld,
and sixty-nine is hereby amended by striking out the w^ords
"at the time", in the second line, and inserting in place
thereof the words : — within fifteen days from the date, —
and by striking out the words "that time", in the third
line, and inserting in place thereof the words: — the date
when it is due, — so as to read as follows: — Section 18. If interest

111 . . f 1 • • • 1 charged on

a tax assessed under the provisions of this act is not paid overdue income
within fifteen days from the date when it is due, interest at
the rate of six per cent per annum from the date when it
is due shall be added to and become part of the tax. The
tax commissioner, and the income tax assessors in their re-
spective districts, shall have all the remedies for the collec-
tion of taxes assessed under the provisions of this act that
are provided by chapter four hundred and ninety of the
acts of the year nineteen hundred and nine, and acts in
amendment thereof and in addition thereto, for the collection
of taxes on personal estate by collectors of taxes of cities
and towns, and shall be allowed charges and fees as therein
provided. Any action of contract brought to recover any
such tax shall be brought in the name of the commonwealth.

Approved February 26, 1918.

Ax Act relative to the taking of trout. Chav SO

Be it enacted, etc., as folloivs:

Section 1. It shall be unlawful for any person at any Taking of
time to buy or sell or offer for sale a trout taken or held in sLTfixed^for!"'^
possession contrary to the provisions of this act, or to take
or have in possession trout between the first day of August
in any year and the fifteenth day of April of the year follow-
ing; or to have in possession at any time a trout less than
six inches in length, unless taken by a person lawfully fishing,
and immediately returned alive to the water whence it was
taken.

General Acts, 1918. — Chap. 31.

wfo'ftoking Section 2. It shall be unlawful to take trout other
regulated. -j-j-^^j^ ]yy j.q^[ g^j^^j Single line, or at any other tmie than be-

tween one hour before sunrise and two hours after sunset.

Number to
be taken.

Granting of
permits.

Penalty.

Repeal.

Section 3. No person shall in any one day 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 for a like period not more in the aggre-
gate than thirty trout.

Section 4. Upon written application to the commis-
sioners on fisheries and game permission may be granted to
any person to buy and sell or have in possession, at any
season of the yea;r, trout artificially propagated and main-
tained, under such rules and regulations, approved by the
governor and council, as may be made from time to time
by the commissioners.

Section 5. Violation of any provision of this act, or
any rule or regulation made hereunder, shall be punished
by a fine of not less than ten nor more than twenty-five
dollars for each offence, and the commissioners on fisheries
and game may, in case of a violation of any rule or regula-
tion made by them, suspend or revoke any license or permit
granted under authority of this act.

Section 6. Section one of chapter three hundred and
seventy-seven of the acts of nineteen hundred and nine, as
amended by section one of chapter four hundred and sixty-
nine of the acts of nineteen hundred and ten; sections two
and three of chapter three hundred and seventy-seven of
the acts of nineteen hundred and nine; section one of chapter
twenty-five of the General Acts of nineteen hundred and
sixteen; and chapter one hundred and eighty-eight of the
General Acts of nineteen hundred and seventeen are hereby
repealed. Api)roved February 26, 1918.

Chap. 31 An Act extending the open season for taking fish

IN WESTPORT river.

Be it enacted, etc., as follows:

Section one hundred and twenty-eight of chapter ninety-
one of the Revised Laws, as amended by section one of
chapter two hundred and ninety-eight of the acts of nine-
teen hmidred and seven, is hereby further amended by
striking out the word "May", in the fourth line, and sub-
stituting the word: — June, — so as to read as follows: —

R. L. 91, § 128,
etc., amended.

General Acts, 1918. — Chaps. 32, 33. 23

Section 128. Whoever draws, sets, stretches or uses any o^n season for
net, purse or seine of any kind for taking fish in the waters Westport river
of Westport river between the first day of June and the first ^'^ ^"^ ^ •
day of November shall be punished by a fine of not more
than fifty dollars or by imprisonment for not more than
three months, or by both such fine and imprisoimient; and
it shall be the duty of every officer designated in section four
of this chapter to seize fish killed contrary to the provisions
of this chapter and to report the seizure to the commissioners
on fisheries and game, who shall authorize the sale of such
fish; and the proceeds of any such sale, after paying the
expenses thereof, shall be paid into the treasury of the com-
monwealth. Approved February 26, 191 S.

An Act to restrict the granting of certain exemp- Qfiajy 32

TIONS OF INCOME TO MARRIED PERSONS.

Be it enacted, etc., as follows:

Section four of chapter two hundred and sixtv-nine of Pi^- ^69 (G),
the General Acts of nmeteen hundred and sixteen is hereby
amended by adding at the end thereof the words : — pro-
vided, however , that said exemption shall not be given to
any married person, if the joint income of both husband and
wife from all sources exceeds twelve hundred dollars, — so
as to read as follows: — Section A. A person whose total Married per-

1 • 1 1 1 1 11 sons, income

income from all sources does not exceed six himdred dollars tax exemptions.

during the year preceding that in which the tax is assessed

shall have an exemption of three hundred dollars of that

part of his income which is liable to taxation under section

two of this act: provided, Iwioever, that said exemption shall Proviso.

not be given to any married person, if the joint income of

both husband and wife from all sources exceeds twelve

hundred dollars. Approved February 26, 1918.

An Act abolishing the inspection of fish under Chav 33

THE direction OF THE BOARD OF COMMISSIONERS ON

fisheries and game.

Be it enacted, etc., as foUoivs:

Chapter one hundred and thirty-eight of the acts of ^^p^ai-
nineteen hundred and two is hereby repealed.

Approved February 26, 1918.

General Acts, 1918. — Chaps. 34, 35.

Taking of
salmon, dates
and size.

Chap. 34 An Act relative to the taking of salmon.

Be it enacted, etc., as folloivs:

Section 1. It shall be unlawful at any time to buy or
sell or offer for sale a salmon taken or held in possession
contrary to the provisions of this act, or to take salmon
from any great pond in the commonwealth, or to have in
possession a salmon so taken, between the first day of No-
vember in any year and the thirty-first day of March of the
year following, both dates inclusive; and it shall be un-
lawful to have in possession at any time a salmon less than
twelve inches long, unless taken by a person lawfully fishing
and immediately returned alive to the water whence it was
taken.

Section 2. It shall be unlawful to take salmon from any
great pond in the commonwealth otherwise than by use of
a rod or single hand line.

Section 3. No person shall in any one day take a total
of more than fifteen pounds of salmon, except that if the
last fish caught increases the total weight of the fish caught
to more than fifteen pounds, the last fish so taken may
lawfully be kept; and when two or more persons are angling
from the same boat or raft they shall not take in the aggre-
gate more than twenty-five pounds, except that if the last
fish caught increases the total weight of the fish caught to
more than twenty-five pounds, the last fish so taken may
lawfully be retained.
Penalty. Section 4. Violation of any provision of this act shall

be punished by a fine of not less than twenty nor more than
fifty dollars, plus an additional fine of five dollars for every
fish in excess of one taken or had in possession contrary to
the provisions hereof. Ayyroved February 27, 1918.

Manner of

taking

regulated.

Number to be
taken.

Chap. 35 An Act relative to the medical examination of

APPLICANTS FOR LIFE INSURANCE.

Be it enacted, etc., as follows:

Section seventy-one of chapter five hundred and seventy-
six of the acts of nineteen hundred and seven, as amended
by chapter twelve of the General Acts of nineteen hundred
and sixteen, is hereby further amended by adding at the end
thereof the words: — Nor shall medical examination be
required for the issuance of contracts based upon the con-

1907, 576, § 71,
etc., amended.

General Acts, 1918. — Chap. 36. 25

tinuance of life, such as annuities or pure endowments,
whether or not they embody an agreement to refund upon
the death of the holder to his estate or to a specified payee
any sum not exceeding the premium or premiums paid
thereon. Any insurance company violating the provisions
of this section, or any officer, agent or other person soliciting
or effecting, or attempting to effect, a contract of insurance
contrary to the provisions hereof, shall be punished by a
fine of not more than one hundred dollars for each offence,
— so as to read as follows : — Section 71 . No life insurance Medical exam-

Y Till <• 1 • 1 • • ination of

company organized under the laws of or domg busmess m applicants for
this commonwealth shall enter into any contract of insurance ' ^ insurance.
upon lives within this commonwealth without having previ-
ously made or caused to be made a prescribed medical
examination of the insured by a registered medical practi-
tioner; except that an inspection by a competent person of Exceptions,
a group of employees whose lives are to be insured and their
environment may be substituted for such medical examina-
tion in cases where the insurance is granted under a single
policy issued to a given person, firm or corporation, covering
simultaneously a group of not less than one hundred lives
all in the employ of such person, firm or corporation. Nor
shall medical examination be required for the issuance of
contracts based upon the continuance of life, such as annuities
or pure endowments, whether or not they embody an agree-
ment to. refund upon the death of the holder to his estate or
to a specified payee any sum not exceeding the premium or
premiums paid thereon. Any insurance company violating Penalty.
the provisions of this section, or any officer, agent or other
person soliciting or effecting, or attempting to effect, a
contract of insurance contrary to the provisions hereof, shall
be punished by a fine of not more than one hundred dollars
for each offence. Aiypromd February 27, 1918.

An Act relative to the incorporation of total dis- Chap. 36

ABILITY BENEFITS IN POLICIES OF LIFE INSURANCE.

Be it enacted, etc., as follotvs:

Section thirty-four of chapter five hundred and seventy- i907. S76, § 34,

p.i j_i>*j_iiii 11 etc., amended.

Six of the acts or nineteen hundred and seven, as amended
by chapter eighty-one of the acts of nineteen hundred and
eight, by chapter four hundred and eighty-eight of the acts
of nineteen hundred and nine, by section two of chapter
four hundred and ninety-nine of the acts of nineteen hundred

General Acts, 1918. — Chap. 37.

Incorporation
of total disabil-
ity benefits in
life insurance
policies.

and ten, by chapter two hundred and five of the acts of nine-
teen hundred and eleven, by chapter five hundred and
twenty-four of the acts of nineteen hundred and twelve, by
chapter four hundred and eighty-nine of the acts of nine-
teen hundred and thirteen, and by chapter one hundred and
thirty-five of the General Acts of nineteen hundred and
sixteen, is hereby further amended by striking out the
w^ords "of insurance", in the eleventh line of the paragraph
beginning with the words "Contracts of insurance", so that
said paragraph will read as follows : — Contracts of insurance
for each of the classes specified in section thirty-two shall be
in separate and distinct policies notwithstanding any pro-
vision of this act which permits a company to transact
more than one of said classes of insurance; except that any
domestic life insurance company, notwithstanding any limi-
tations of its charter to the contrary, and any foreign life
insurance company authorized to transact business in this
commonw^ealth, if it is permitted so to do by its charter or
by the state in which it is incorporated, whether or not it
has a capital stock, may incorporate in its policies pro-
visions for the waiver of premiums or for the granting of
special surrender values therefor in the event that the in-
siu-ed, or either of them, thereunder shall from any cause
become totally and permanently disabled, which provisions
shall state the special benefits to be granted thereunder and
the cost of such concessions to the insured, and shall define
in such policies what shall constitute total and permanent
disability, and any such company may provide for the pay-
ment of a larger sum if death is caused by accident than if
it results from other causes, provided that the sum thus
payable in the event of such death by accident shall not
exceed, on any one life, three per cent of the company's
aggregate expected mortality as shown by its last annual
statement to the insurance department of the commonwealth.
The consideration for such special benefit shall be separately
stated in the policy. Apiyroved February 27, 1918.

Chap. 37 An Act to authorize the governor to increase tempo-
rarily THE FORCE OF THE DISTRICT POLICE.

Be it enacted, etc., as follows:

Governor may Section 1. Ill ordcr to providc morc effectivelv for the

increase district ^ i p i

police force protcctiou of persous and property and tor the mamtenance

temporarily. ^

Special
benefits.

Proviso.

General Acts, 1918. — Chap. 38. 27

of law and order within the commonwealth, the governor is
hereby authorized to appoint special police officers in the de-
partment of the district police of the commonwealth from
time to time to a nmiiber not exceedmg one 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, 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 while on
actual duty, and they shall be allowed their necessary trav-
elling- 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 Powers, etc.
the powers of the members of the detective force of the
district police as prescribed in the statutes of the common-
wealth. No officer appointed hereunder shall be required to
give bond for the faithful performance of his duties. The
chief of the district police may, subject to the approval of
the governor, make such rules and regulations for the dis-
cipline, organization, government 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 February 28, 1918.

An Act requiring transfers of funds appropriated Qhn^ 3§

FOR state departments TO BE APPROVED BY THE
AUDITOR OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. No transfer of funds from one item of ac- Auditor of the
count to another on the books of any officer or board having to'S^prove'* ^^
charge of any department, institution or undertaking re- transfers?*'""
ceiving an annual appropriation from the treasury of the
commonwealth, upon which items of account such annual

28 General Acts, 1918. — Chap. 39.

appropriation is based, shall be made without the written
approval of the auditor of the commonwealth.
Section 2. Tliis act shall take effect upon its passage.

Approved March 1, 1918.

Chap. 39 An Act relative to the requarantining of animals

WHICH HAVE BEEN RELEASED FROM QUARANTINE.

Be it enacted, etc., as follows:

^^en^d^^^' Section 1. Section twenty-five of chapter ninety of the
Revised Laws is hereby amended by striking out the words
"board of cattle commissioners or of any of its members or
agents", in the second and third lines, and substituting the
words: — commissioner of animal industry or of his agent,
— by inserting after the word "disease", in the fifth line,
the words: ^ — Whenever an animal has been released from
quarantine by order of the commissioner the same animal
shall not again be quarantined or isolated by an inspector of
animals during the period of thirty days immediately follow-
ing such release except upon order of the commissioner, —
by striking out the words "board of cattle commissioners",
in the twenty-third line, and substituting the words: —
commissioner of animal industry, — and by striking out the
word "its", in the twenty-fourth line, and substituting

Commissioner the word : — his, — SO as to read as follows: — Section 25.

dustry may An animal which has been quarantined or isolated h\ order

requarantine „^, .. „ -i-ij^ j>i' " j

certain auimais. oi the commissioucr 01 auimal mdustry or ot his agent, or
of an inspector, shall, during the continuance of such quaran-
tine or isolation, be deemed to be affected with a contagious
disease. Whenever an animal has been released from quaran-
tine by order of the commissioner the same animal shall
not again be quarantined or isolated by an inspector of
animals during the period of thirty days immediately follow-
ing such release except upon order of the commissioner.

Penalty. Whocvcr knowingly breaks or authorizes or causes to be

broken a quarantine so imposed, or whoever, contrary to
such order of quarantine or isolation, knowingly removes an
animal or authorizes or causes it to be removed from a
building, place or enclosure where it is quarantined or iso-
lated, or whoever, contrary to an order or notice of quaran-
tine, knowingly places or causes or authorizes to be placed
any other animal or animals within a building, place or en-
closure where an animal is quarantined, or in contact there-

General Acts, 1918. — Chaps. 40, 41. 29

with, or whoever knowingly conceals, sells, removes or
transports, or knowingly causes or authorizes to be con-
cealed, sold, removed or transported, an animal, knowing or
having reasonable cause to believe that it is affected with
a contagious disease, or whoever knowingly authorizes or
permits such animal to go at large upon any public way
within this commonwealth, or whoever knowingly brings or
authorizes or permits to be brought from another country,
state, district or territory into this commonwealth, an
animal which is affected with or has been exposed to a
contagious disease, or whoever disobeys a lawful order or
regulation of the commissioner of animal industry or of any
of his agents or inspectors in the performance of their duty
under the provisions of this chapter, shall be punished by a
fine of not more than five hundred dollars or by imprison-
ment for not more than one year, or by both such fine and
imprisonment.

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

Approved March 1, 1918.

An Act relative to the use of pounds, weirs and Chav. 40

TRAPS IN CERTAIN TIDAL WATERS.

Be it enacted, etc., as follows:

Section one hundred and twenty of chapter ninety-one of Repeal.
the Revised Laws is hereby repealed.

Approved March 1, 1918.

An Act providing a criminal penalty for the unlaw- Chav 41

FUL challenging OF VOTERS AT ELECTIONS.

Be it enacted, etc., as follows:

Section three hundred of chapter eight hundred and ^^^'nfej' ^ ^°°'
thirty-five of the acts of nineteen hundred and thirteen is
hereby amended by adding at the end thereof the following:

— Any person challenging a qualified voter for purposes of
intimidation, or of ascertaining how he voted, or for any
other illegal purpose, shall be punished by a fine of not
more than one hundred dollars, — so as to read as follows:

— Section 300. If in any state, city or town election at Proceedings
which official ballots are used the right of a person offering challenged.
to vote is challenged for any legal cause, the presiding officer

shall administer to him the following oath:

30 General Acts, 1918. — Chaps. 42, 43.

You do solemnly swear [or affirm] that you are the identical
person whom you represent yourself to be, that you are registered
in this precinct [or town] and that you have not voted at this
election.

He shall also be required to write his name and residence
on the outside of the ballot offered, and the presiding officer
shall add thereto the name of the person challenging, and
the cause assigned therefor, whereupon such ballot shall be
received; and no person shall make any statement or give
any information in regard thereto, except as required by law.
The clerk shall record the name and residence of every person
who has been challenged and has voted.
unkwfu/'*' Any person challenging a qualified voter for purposes of

challenge. intimidation, or of ascertaining how he voted, or for any

other illegal purpose, shall be punished by a fine of not more
than one hundred dollars. Approved March 1, 1918.

Chap. 42 An Act relative to the exemption from taxation of

HOUSEHOLD FURNITURE.

Be it enacted, etc., as follows:

iT's^c^a^t"^* Section 1. The eleventh clause of section five of Part I

11, amended, of chapter four hundred and ninety of the acts of nineteen

hundred and nine is hereby amended by inserting after the

word "furniture", in the second line, the Words: — used in

the dwelling which is the place of his domicile, — so as

Taxexemp- -(-q yqq^(\ as follows: — Eleventh, The wearing apparel and

hold furniture, farming utensils of every person; his household furniture

used in the dwelling which is the place of his domicile not

exceeding one thousand dollars in value; and the necessary

tools of a mechanic not exceeding three hundred dollars in

value.

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

Approved March 6, 1918.

Chap. 43 An Act relative to the fraudulent transfers of

STOCK TO evade TAXATION.

Be it enacted, etc., as foUoics:

Repeal. Section 1. Scctiou thirty-ouc of Part I of chapter four

hundred and ninety of the acts of nineteen hundred and nine
is hereby repealed.
Section 2. This act shall take effect upon its passage.

Approved March 6, 1918.

General Acts, 1918. — Chap. 44. 31

An Act relative to the penalty for itnauthorized Qfidj) 44

BANKING AND FOR REFUSAL TO SUBMIT TO EXAMINATION
BY THE BANK COMMISSIONER.

Be it enacted, etc., as foUoios:

Section 1. Section seventeen of chapter five hundred ^?°^' ^^o- t'l.'

, PI p • 111 etc., amended.

and ninety of the acts 01 nmeteen hundred and eight, as
amended bj' chapter four hundred and seventy of the acts
of nineteen hundred and fourteen, is hereby further amended
by striking out the words "does a banking business or", in
the fourth hne, by inserting after the word "banking", in
the fifth and sixth h"nes, the words: — "banker", "bankers",
— by mserting after the word "association", in the tenth
hne, the words: — refusing to allow such examination to be
made or, — by inserting after the word " such ", in the
thirteenth line, the words: — refusal or, — and by inserting
after the word "of", in the fourteenth line, the words: —
this section or of, — so as to read as follows: — Section 17. Penalty for

rm • • 1 • 1 • 1 11 I unauthorized

The commissioner or his deputy or examiners shall have bankino; and for
authority to examine the accounts, books and papers of mit to examina-
any corporation, person, partnership or association which commLioner.
makes a business of receiving money on deposit, or which
has the words "bank", "banking", "banker", "bankers",
or "trust" in the name under which its business is con-
ducted, in order to ascertain whether such corporation,
person, partnership or association has violated or is violat-
ing any provision of section sixteen; and any corporation,
person, partnership or association refusing to allow such
examination to be made or violating any provision of sec-
tion sixteen shall forfeit to the commonwealth one hundred
dollars a day for every day or part thereof during which
such refusal or violation continues. Any violation of the
provisions of this section or of section sixteen shall forth-
with be reported by the commissioner to the attorney-
general. The said forfeiture may be recovered by an
information or other appropriate proceeding brought in
the supreme judicial court or superior court in the name of
the attorney-general. Upon such information or other pro-
ceeding the court may issue an injunction restraining such
corporation, person, partnership or association from further
prosecution of its business within the commonwealth during
the pendency of such proceeding or for all time, and may

32 General Acts, 1918. — Chaps. 45, 46.

make such other order or decree as equity and justice may
require.
Section 2. This act shall take effect upon its passage.

Approved March 6, 1918.

Chap. 45 An Act relative to the signing of documents by clerks

OF the boston juvenile court.

Be it enacted, etc., as follows:

Facsimile sig- Section 1. Clcrks and assistant clerks of the Boston

natures of . • n • i i i • i

clerks and juvenile court may sign all process issued by the said court
Boston juvenile' aiid court rccords, documents or other legal papers or copies

court, author- ,i pi^-j. ••iii* x i i

izeci, except, etc. thcreoi relating to criminal, delinquent, wayward and neg-
lected cases made or issued by such clerks or assistant
clerks in conformity with law, except 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 6, 1918.

Chap. 46 An Act relative to the duties of the fourth assist-
ant AND CERTAIN EXAMINERS IN THE DEPARTMENT OF
THE TAX COMMISSIONER.

Be it enacted, etc., as follows:

1914, 770, §12, Section 1. Section twelve of chapter seven hundred
and seventy of the acts of nineteen hundred and fourteen,
as amended by section six of chapter two hundred and thirty-
eight of the General Acts of nineteen hundred and fifteen,
is hereby further amended by inserting after the word
"expenses", in the eleventh line, the following: — The
fourth assistant and the examiners shall also perform such
other duties and render such other services as the tax com-
missioner shall from time to time prescribe, — so as to read
Duties of as follows: — Section 12. For the purpose of carrying out

InTc^ertefn*^''* the pro\'isions of this act the tax commissioner may, with
^'ot^tid^ by tex the advice and consent of the governor and council, appoint,
commissioner, and with their consent remove, a fourth assistant and ex-
aminers not exceeding four in number, and may employ
such clerical and other assistance as he may deem necessary.
The fourth assistant and the examiners provided for by this
act shall be paid such salaries as the tax commissioner may

General Acts, 1918. — Chap. 47. 33

determine, with the approval of the governor and council,
and they shall be allowed their necessary travelling and
other expenses. The fourth assistant and the examiners
shall also perform such other duties and render such other
services as the tax commissioner shall from time to time
prescribe. The tax commissioner may make such rules and
regulations, not inconsistent with the provisions of this act,
as he may deem necessary, and may prescribe such further
forms, books, records and papers as in his judgment are
essential for carrying out the provisions of this act.

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

Approved March 6, 1918.

An Act to permit co-operative banks to suspend cer- Chap. 47

TAIN MORTGAGE PAYMENTS BY BORROWERS ENGAGED IN
WAR SERVICE.

Be it enacted, etc., as follows:

Section 1 . For the accommodation of any borrower who Co-operative

,11 I'xi M-j. 1 • <>j1 banks mav sus-

is actually engaged m the military or naval service or the pend certain
United States, or who is the wife or family-dependent of a mentrfTv^blfr-
person so engaged, the directors of a co-operative bank may, ae^l^e'etc','*'^
at their option, endorse on the mortgage note of such bor-
rower held by the bank, the full value of the shares pledged
to secure the same, and thereupon such shares shall be
cancelled and further payments and fines thereon waived,
provided that the person seeking such accommodation, or Proviso,
any person in his behalf, shall sign a written request there-
for, agreeing in consideration thereof, to abide fully by the
terms of this act. Interest, however, shall continue to be
paid monthly on the balance at the original rate, subject to
such fine as may be prescribed by the by-laws of the bank
for default by shareholders in payment of interest and to
foreclosure or other remedy provided by law, in case of
default.

Section 2. At any time after the expiration of the said Accommo-

1 . , ,. . PI dated persons

military or naval service, or upon the alienation of the *« make certain
mortgaged estate, the person thus accommodated, or his and pledges
successors in title, as the case may be, shall, at the request of^^'araervke,"
of the directors, subscribe to and pledge as security for said ^^°'
balance, one new share in the current series issued by the
bank, for each two hundred dollars or fraction thereof of
said balance. Failure to subscribe to and pledge such shares,
when so requested, or to make payments thereon in accord-

34 General Acts, 1918. — Chaps. 48, 49.

ance with law or the by-laws of the bank, shall render said
balance immediately due and payable, and payment thereof
may be enforced against the security by foreclosure pro-
ceedings or by any other remedy provided by law for the
collection of debts,
bmnclr's' rights SECTION 3. Nothing in this act shall be construed to
not affected. affcct the rights of junior encumbrancers.

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

Approved March 6, 1918.

Chap. 48 An Act relative to certain entries in the cash books

OF TAX COLLECTORS.

Be it enacted, etc., as follows:

im,m. Part Section 1. Section five of Part II of chapter four hun-

amended. jjj.g(] ^ud ninety of the acts of nineteen hundred and nine is
hereby amended by striking out in the fourth line, the words

tefmlke^certain "discouut allowcd ", SO as to read as follows: — Section 5.

I^t^jjea in caah He shall also keep a cash book, in which he shall enter all
sums of money paid to him, as they are received, specifying
the total amount of tax, abatements allowed, all interest
charged, the total amount received and the date of receipt.
He shall also enter therein the date and amount of every
payment and disbursement made by him, and to whom
paid, with such other matters as the city or town may
require.
Section 2. This act shall take effect upon its passage.

Approved March 6, 1918.

Chap. 49 An Act to exempt persons in the military and naval

SERVICE OF THE UNITED STATES FROM THE PAYMENT OF
POLL TAXES.

Be it enacted, etc., as follows:

fe7vTc"Vx"empt Section 1. Inhabitants of this commonwealth who were

o^^iUaSr*^ engaged in the military or naval service of the United States

for 1917, etc. in the present war before the passage of this act, and those

who hereafter engage in said service, shall be assessed for,

but shall be exempt from, the payment of all poll' taxes

assessed for the year nineteen hundred and seventeen and

during the continuance of the war.

tob^lefumtld Section 2. All taxes heretofore collected, including

interest and costs paid therewith, which would be exempt

from payment under section one, shall at the request of the

General Acts, 1918. — Chaps. 50, 51. 35

person assessed, be refunded by the city or town receiving
the same.
Section 3. This act shall take effect upon its passage.

Ajjprovcd March 6, 1918.

An Act kelative to abatements of taxes. Chap. 50

Be it enacted, etc., as follows:

Section 1. Section forty-nine of Part I of chapter four Repeal.
hundred and ninety of the acts of nineteen hundred and
nine is hereby repealed.

Section 2. Section seventy-three of Part I of said chap- looo, 490,
ter four hundred and ninety is hereby amended by striking ame*nd'ed. '
out the words "An executor, administrator or trustee after
three years from the date of his appointment, or", in the
fourth and fifth lines, and by striking out the last sentence,
so as to read as follows: — /Section 73. A person shall not Conditions for

, ,, J , .!• 'iiii abatement of

have an abatement, except as otherwise provided, unless ne taxes.
has brought in to the assessors the list of his estate as re-
quired by section forty-one. A tenant of real estate paying
rent and under obligation to pay more than a moiety of the
taxes thereon, may have an abatement although no such
list was brought in. If such list is not filed within the time
specified in the notice required by section forty-one, no part
of the tax assessed upon the personal estate shall be abated
unless the applicant shows to the assessors a reasonable
excuse for the delay or unless such tax exceeds by more
than fifty per cent the amount which would have been
assessed upon such estate if the list had been seasonably
brought in, and in such case only the excess over such fifty
per cent shall be abated.

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

Approved March 6, 1918.

An Act relative to the sale by life insurance com- Qfiav, 51

PANIES OF liberty BONDS AND SIMILAR GOVERNMENT
SECURITIES.

Be it enacted, etc., as follows:

Nothing contained in section sixty-nine of chapter five Life insurance
hundred and seventy-six of the acts of nineteen hundred seiTiiberty™*^
and seven, as amended by chapter two hundred and fifty- ^°^^^' etc
six of the acts of nineteen hundred and ten, prohibiting
discriminations and the sale of securities in connection with

36 General Acts, 1918. — Chap. 52.

policies of life insurance, or in subdivision three of section
seventy-five of said chapter five hundred and seventy-six
defining the content of the contract made by a life insurance
company, or in any other provision of law regulating insur-
ance, shall be construed to prevent the sale or agreement for
the sale of bonds or other securities of the United States by
life insurance companies transacting business in this com-
monwealth, or to prevent the inclusion by such companies,
in their policies, of agreements for the sale of such bonds on
the instalment plan where the proceeds of the policies are to
be applied, in whole or in part, to the cancellation of any
unpaid instalments on the bonds in the event of the pur-
Proviso. chaser's death: provided, however, that this act shall be void

upon the termination of the existing war between the United
States and Germany. Approved March 6, 1918.

Chap. 52 An Act kelative to the taxation of property held for

SEWAGE DISPOSAL PURPOSES.

Be it enacted, etc., as follows:

pSf§'8 etc Section 1. Part I of chapter four hundred and ninety

amended.' ' of tlic acts of nineteen hundred and nine, as amended by

section one of chapter six hundred and twenty-nine of the

acts of nineteen hundred and fourteen, is hereby further

amended by striking out section eight and substituting the

TfMatbn of ^^ following : — Section 8. Property held by a city, town or

for sewage dis- district iu auotlicr citv or town for the purpose of a water

posal purposes. , „ ^^ 1 -f • 1 ]• x i n . i

supply or or sewage disposal, it yielding no rent, shall not be
liable to taxation therein, but the city, town or district so
holding it shall, annually in September, pay to the city or
town in wliich such property lies, an amount equal to that
which such place would receive for taxes upon the average
of the assessed values of such land, without buildings or
other structures, for the three years last preceding the
acquisition thereof, the valuation for each year being reduced
by all abatements thereon; but any part of such land or
buildings from which any revenue in the nature of rent is
received shall be subject to taxation.
1909 490, Section 2. Part I of said chapter four hundred and

Part I, § 10, etc., , . i> • i i • i

amended. mncty, as amended by section two or said chapter six hun-

dred and twenty-nine, is hereby further amended by striking
Assessors to de- out scctiou tcu and Substituting the following: — Section 10.
of™op*er^ty"^ Thc asscssors of a city or town in which land is acquired by
held for water ^uothcr city, towii or district for the purpose of a water

General Acts, 1918. — Chap. 53. 37

supply, or of sewage disposal, shall, within one year after or sewage dis-
such acquisition, determine the said average valuation of Ey^another°dty
such land, and certify the amount so determined to such °'' ^°'^"' ^'*'"
other city, town or district. The mayor of a city or the Appeal, etc.
selectmen of a town, or the commissioners or prudential
committee of a district, within six months after receipt of
said certificate, may appeal from such determination to the
superior court for the county where the land lies; and the
court shall determine the valuation in the manner provided
in the two preceding sections, and the provisions of sections
seventy-seven and seventy-eight, so far as applicable, shall
govern such appeal.

If land within any city or town shall have been taken from Land valuation
such city or town for said purposes, and for any one of the ment""how^*^
three years prior to the taking shall have been used for any ^etermmed,
public purpose, and for that reason no taxes shall have been
collected thereon, the city or town and the board or officer
having charge of the land so taken may within six years
after the taking agree as to the value of the land upon which
the annual payment is to be made as aforesaid from the
time of the taking, and if they cannot agree the board or
officer shall notify the city or town thereof; and thereupon
the value shall be determined by the superior court under
the provisions of said sections seventy-seven and seventy-
eight, and said notice shall be deemed to be the notice
referred to in said section seventy-seven. The provisions
of this section and of the two preceding sections shall apply
to property acquired for the purposes of the metropolitan
water supply.

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

Approved March 7, 1918.

An Act to permit the taking of animals from traps on Chap. 53

THE lord's day.

Be it enacted, etc., as follows:

Section one of chapter ninety-two of the Revised Laws, R. l. 92, § 1,
as amended by chapter one hundred and seventy-six of the ^ "" ^™^°
acts of nineteen hundred and four, is hereby further amended
by adding at the end thereof the following : — This section
shall not be construed to prohibit the taking from traps on
the Lord's day of animals which have been caught therein,
but nothing herein shall be held to permit the setting, re-
setting or baiting of traps on that day, — so as to read as

General Acts, 1918. — Chap. 54.

Taking of ani-
mals from traps
on Lord'a day,
when
permitted.

follows: — Section 1. The Lord's day shall be close season.
Whoever hunts or destroys birds, wild animals or game of
any kind on the Lord's day shall be liable to a penalty of
not less than ten nor more than twenty dollars in addition
to any penalties for taking, killing or having in possession
birds, wild animals or game protected by law. This section
shall not be construed to prohibit the taking from traps on
the Lord's day of animals which have been caught therein,
but nothing herein shall be held to permit the setting, re-
setting or baiting of traps on that day.

Approved March 7, 1918.

Chap. 54 An Act further extending the jurisdiction of the

PUBLIC service commission OVER CORPORATIONS ENGAGED
IN THE BUSINESS OF TRANSMITTING INTELLIGENCE BY
ELECTRICITY.

Be it enacted, etc., as follows:

Section 1. Section three of chapter seven hundred and
eighty-four of the acts of nineteen hundred and thirteen is
hereby amended by striking out the word "and", in the
first line, and by inserting after the word "twenty-seven",
in the same line, the words : — and thirty, — so as to read
as follows : — Section 3. Sections twenty-four, twenty-
seven and thirty of chapter one hundred and nine of the
Revised Laws are hereby amended by substituting for the
words "commissioner of corporations", and for any other
word or words intended to designate said commissioner of
corporations in each of said sections, whenever any juris-
diction is conferred with respect to corporations established
for and engaged in the business of transmitting intelligence
by electricity, the words: — public service coimnission.
Chapter four hundred and thirty-three of the acts of the
year nineteen hundred and six is hereby amended by sub-
stituting in place of the words "Massachusetts highway
commission", and any other word or words intended to
designate the Massachusetts highway commission wherever
used in said act, the words: — public service commission, —
and said act is further amended by repealing section three
thereof. Nothing in this act shall affect the compensation
at present paid to the members of the Massachusetts high-
way commission.

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

Approved March 11, 1918.

1913, 784, § 3,
amended.

Jurisdiction of
public service
commission
further ex-
tended over
corporations
engaged in
business of
transmission of
intelligence by
electricity.

Repeal.

General Acts, 1918. — Chaps. 55, 56. 39

An Act relative to the instruction of the adult blind Chap. 55

AT THEIR HOMES.

Be it enacted, etc., as follows:

Section 1. Section one of chapter two hundred and one i9i6, 201 (G),
of the General Acts of nineteen hundred and sixteen is hereby ' '*'"''"
amended by striking out the words "not more than six
thousand dollars", in the fourth line, and substituting the
words : — seventy-five hundred dollars, — so as to read as
follows: — Section 1. The Massachusetts commission for instruction of
the blind may provide for the instruction of the adult blind at homes"
at their homes. The commission may expend annually for
this purpose seventy-five hundred dollars and shall include
with its other estimates of needed appropriations a detailed
estimate of the proposed expenditures.

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

Approved March 11, 1918.

An Act relative to pilotage. Chap. 56

Be it enacted, etc., as follows:

Section 1, The following shall be the rates of pilotage piiotage rates,
outward and inward for the port of Boston : — three dollars ushedfo^r'^the
per foot of draught for vessels of five hundred tons and port of Boston.
under; three dollars and fifty cents per foot of draught for
vessels exceeding five hundred tons and not exceeding one
thousand tons; four dollars per foot of draught for vessels
exceeding one thousand tons and not exceeding fifteen hun-
dred tons; four dollars and fifty cents per foot of draught
for vessels exceeding fifteen hundred tons and not exceeding
two thousand tons; and five dollars per foot of draught for
vessels exceeding two thousand tons. The tonnage herein
specified shall mean the net registered tonnage.

Section 2. A pilot boat, being on its station and display- offer of pilot-
ing the signals required by law, shall constitute an offer of dlfined"''^
pilotage service, and shall constitute on the part of the pilot
such compliance with the provisions of sections twenty-one
and twenty-two of chapter sixty-seven of the Revised Laws
as is necessary to entitle him to the regular fees for pilotage
from vessels otherwise liable therefor.

Section 3. Section thirty-two of chapter sixty-seven of R- l. 67, § 32,
the Revised Laws is hereby amended by striking out the
word "two", in the third line, and inserting in place thereof

40 General Acts, 1918. — Chap. 57.

when^cMried ^hc word : — five, — so as to read as follows : — Section 32.

toBea. jf a pilot, without fault or negligence of his own or of his

associates, is unable to leave the vessel under his charge

and is carried to sea, he shall be entitled to five dollars for

each day on which he is necessarily detained from home.

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

Approved March 11, 1918.

Chap. 57 An Act relative to demands to be made for the pay-
ment OF TAXES BY COLLECTORS.

Be it enacted, etc., as follows:

Part 1?% 14 Section fourteen of Part II of chapter four hundred and

etc., amended, ninety of the acts of nineteen hundred and nine, as amended
by section two of chapter one hundred and ninety-eight of
the acts of nineteen hundred and fourteen, is hereby further
amended by insertmg after the w^ord "resident", m the
second line, the words: — or jion-resident, — by strikmg out
the words "on a non-resident owner of land, nor", in the
thirteenth line, and by adding at the end thereof the fol-
lowing: — Demand shall be made by the collector by mailing
the same to the last or usual place of business or abode, or
to the address best known to him, and failure to receive the
same shall not invalidate a tax or any proceedings for the
enforcement or collection of the same, — so as to read as
Tax collectors follows: — Sect'ion IL The collector shall, before selling the

to make certain i,„ •!, -Jx j*j.'-j.T, l

demands for land ot a rcsidcnt, or non-resident, or distraining the goods
fai'e^'^"*^ ° of any person, or arresting him for his tax, serve on him a
statement of the amount thereof with a demand for its
payment. If the heirs of a deceased person, co-partners
or two or more persons are jointly assessed, service need be
made on only one of them. Such demand for the tax upon
land may be made upon the person occupying the same
upon the first day of April of the year in which the tax is
assessed. If a mortgagee has given notice under the pro-
visions of section thirty-seven, such demand shall be served
upon the mortgagee instead of the owner or occupant. No
demand need be made, except as herein provided, on a
Demand for mortgagee. Demand shall be made by the collector by
ma^deTet*c.^°'^ mailing the same to the last or usual place of business or
abode, or to the address best known to him, and failure to
receive the same shall not invalidate a tax or any proceedings
for the enforcement or collection of the same.

Approved March 11, 1918.

General Acts, 1918. — Chaps. 58, 59. 41

An Act to provide for the physical examination of (Jfiap. 58

INMATES OF PENAL INSTITUTIONS.

Be it enacted, etc., as follows:

Section 1. The warden of the state prison, the superin- Patf^n'^ofce!^
tendents of the Massachusetts reformatory, the reformatory tain inmates of
for women and the prison camp and hospital and the keepers tions required.
and masters of jails and houses of correction shall cause ^
thorough physical examination to be made by a competent
physician of each inmate iii their respective institutions com-
mitted for a term of thirty days' imprisonment or more.
In conducting the examination special attention shall be
given to determining the presence of communicable diseases,
particularly gonorrhoea, syphilis and pulmonary tuberculosis. )

Section 2. It shall be the duty of the state department of state dcpart-

, , .„ . . , ment of health

health to promulgate specmcations governmg the manner to make specia-
and time of the examinations hereby required, to prescribe Fngexamna-""
the medical records to be kept, and to require such labora- *'°"^'^*'=-
tory or other diagnostic aids to be used as in its judgment
are expedient.

Section 3. Any officer named in section one who neglects Penalty on
or refuses to comply with the provisions of this act or who
violates any rule or regulation of the state department of
health made under authority hereof, shall forfeit a sum not
exceeding fifty dollars for each offence.

Section 4. This act shall take effect on the first day of J|^^^ °f ^^'^''^s
July, nineteen hundred and eighteen.

Approved March It, 1918.

An Act to provide for the mailing of certain legis- (jfiQ^j) 59

LATIVE DOCUMENTS TO SUBSCRIBERS.

Be it enacted, etc., as follows:

The sergeant-at-arms shall, as soon as practicable after Subscribers to

, ,. . . , '1 I • (• 11 • / 1 1 receive certain

publication, cause to be mailed copies or all printed and printed legisia-

1 ii'ii I 1x1 1 J. I'lj" tive documents

numbered bills, resolves and other documents pending before by mail.
committees of the general court, to cities, towns and per-
sons who subscribe therefor, and pay in advance the sum
of ten dollars. The money so received shall be paid monthly
into the treasury of the commonwealth.

Approved March 11, 1918.

General Acts, 1918. — Chaps. 60, 61.

1907, 576, § 75,
amended.

Insurance
policy forms to
be filed with
insurance com-
missioner,
unless, etc.

Chap. 60 An Act relative to the filing of certain policies

WITH THE INSURANCE COMMISSIONER AND THE PROVI-
SIONS THEREOF.

Be it enacted, etc., as folloivs:

Section seventy-five of chapter five hundred and seventy-
six of the acts of nineteen hundred and seven is hereby
amended by striking out the first paragraph and substituting
the following: — Section 75. No policy of life or endow-
ment insurance and no annuity or pure endowment policy
shall be issued or delivered in this commonwealth until a
copy of the form thereof has been filed at least thirty days
with the insurance commissioner, unless before the expira-
tion of said thirty days the insurance commissioner shall
have approved the policy in writing; nor if the insurance
commissioner notifies the company in writing, within said
thirty days, that in his opinion the form of the policy does
not comply with the requirements of the laws of this com-
monwealth specifying his reasons for his opinion, provided
that such action of the insurance commissioner shall be
subject to review by the supreme judicial court; nor shall
such policy, except policies of industrial insurance where the
premiums are payable monthly or oftener, and except policies
for annuities and pure endowments whether or not they
embody an agreement to refund upon the death of the
holder to his estate or to a specified payee any sum not
exceeding the premium or premiums paid thereon, be so
issued or delivered unless it contains in substance the follow-
ing provisions: Approved March 11, 1918.

Proviso.

Chap. 61 An Act relative to the deposit in the state library
OF certain reports of hearings.

Be it enacted, etc., as folloivs:

Chapter three of the Revised Laws is hereby amended by
striking out section eighteen and substituting the following:
ta?n°hearfnTto — Sectwji 18. Stenographic reports of hearings before legis-
be filed in state lativc comuiittccs or Special commissions made at the expense
of the commonwealth shall, at the conclusion of the work of
such committees or commissions, be deposited in the state
library. Approved 31 arch 11, 1918.

R. L. 3. § 18,
amended.

library.

General Acts, 1918. — Chaps. 62, 63, 64. 43

An Act increasing the amount allowed for the travel- Chap. 62

LING expenses OF MEMBERS OF THE GENERAL COURT.

Be it enacted, etc., as folloivs:
Section eight of chapter three of the Revised Laws, as r. l. 3, § s.

Ill .• i»ix ' 1 11 1 i etc., amended.

amended by section one 01 chapter six hundred and seventy-
six of the acts of nineteen hundred and eleven, is hereby
further amended by inserting after the word "two", in
the third and again in the eighth hues, the words: — and
one half, — so as to read as follows : — Section 8. Each amountlor
member of the general court shall receive one thousand travelling ex-

„ , ^ . , • p 1 • 1 1 • 1 1 Penses of mem-

dollars tor the regular annual session tor which he is elected, bers of general

• • court

and two and one half dollars for every mile of ordinary
travelling distance from his place of abode to the place of
the sitting of the general court. The president of the senate
and the speaker of the house of representatives shall each
receive double the compensation of other members, and
two and one half dollars for every mile of ordinary travelling
distance as aforesaid. Approved March 11, 1918.

An Act to prohibit the furnishing of intoxicating Chav. 63

LIQUORS TO OR BY INMATES OF PUBLIC INSTITUTIONS.

Be it enacted, etc., as foUoivs:

Whoever gives, sells or delivers any spirituous or intoxicat- Furnishing of
ing liquor to any patient or inmate of any public institution, ji"quorrto"or by
or to any patient or inmate under the control of any such in- p^Jbiic^'^ °^
stitution, except under the direction of a physician authorized p'J.ohtbitedf
so to do, and whoever has in his possession within the pre- except, etc.
cincts of any such institution any such liquor with intent to
consume the same or to convey, give, sell or deliver the same
to any patient or inmate thereof, except under direction as
aforesaid, shall be punished by a fine of not more than fifty Penalty.
dollars or by imprisonment for not more than two months.

Approved March 11, 1918.

An Act providing further cause for the revocation Chap. 64

OF INNHOLDERS' AND COMMON VICTUALLERS' LICENSES.

Be it enacted, etc., as follows:

Section nine of chapter one hundred and two of the Revised R- ^\/°?' ^ ^•
Laws is hereby amended by adding at the end thereof the
following: — If a licensee at any time conducts his licensed

General Acts, 1918. — Chap. 65.

Additional
cause for
revocation of
innholders' or
common vict-
uallers' licenses.

business in an improper manner, the licensing board, after
notice to the Hcensee, and reasonable opportunity for a hear-
ing, may upon satisfactory proof thereof declare his license
forfeited, — so as to read as follows : — Section 9. If, in the
opinion of the licensing board, a licensee as an innholder or a
common victualler ceases to be engaged in the business he
is licensed to pursue, or fails to maintain upon his premises
the implements and facilities required by this chapter, it shall
immediately revoke his license. If a licensee at any time
conducts his licensed business in an improper manner, the
licensing board, after notice to the licensee, and reasonable
opportunity for a hearing, may upon satisfactory proof
thereof declare his license forfeited.

Approved March 11, 1918.

Chap. 65 An Act to provide for the appointment of local weigh-
ers, MEASURERS AND SURVEYORS OF COMMODITIES.

Be it enacted, etc., as follows:

Section 1. The mayor of a city, subject to confirmation
by the board of aldermen or body exercising similar powers,
and the selectmen of a town, gn the written request of any
person, firm or corporation engaged in buying, selling or
transporting goods or commodities which require weighing,
surveying or measuruig, shall appoint suitable persons to
act as weighers, measurers or surveyors of such goods or
commodities, who shall be sworn before entering upon their
duties and shall serve for terms of one year unless sooner
removed. The said officers may be removed at any time
by the appointing authority. At least one such weigher,
measurer or surveyor, appointed in any city or town, shall
not be engaged in the business of buying, selling or trans-
porting the goods or commodities weighed, measured or sur-
veyed by him, but no person shall be ineligible for appoint-
ment because of sex or because of residence elsewhere than
in the city or town where he is appointed, notwithstanding
any provisions to the contrary in any general or special act
or city charter.

Section 2. All persons appointed under this act shall
keep accurate records, in the form prescribed by the commis-
sioner of weights and measures, of all weighings, measure-
ments or surveys made by them, which shall at all reasonable
times be open to inspection by said commissioner, his in-
spectors and by the local sealer of weights and measures.

Cities and
towns may ap-
point weighers,
measurers and
surveyors of
commodities.

Eligibility.

Records to be
kept.

General Acts, 1918. — Chaps. 66, 67. 45

Section 3. If a person appointed weigher, measurer or Penalty,
surveyor under this act shall wilfully misrepresent the weight,
quantity or measurements of any goods weighed, measured
or surveyed by him, he shall be punished by a fine not ex-
ceeding one hundred dollars for each offence.

Section 4. This act shall not affect the provisions of f ° ^-^t^ent
law providing for the appointment of weighers, measurers of certain

p , . , 1 . . • weighers, etc.

or surveyors of particular commodities.

Approved March 11, 1918.

An Act to authorize the payment of compensation (jhnj) 55

FOR travel to the DOORKEEPERS AND ASSISTANT DOOR-
KEEPERS OF THE GENERAL COURT.

Be it enacted, etc., as folloivs:

Section 1. Section one of chapter six of the General amendid"'^^'
Acts of nineteen hundred and seventeen is hereby amended
by inserting after the word "The", where it occurs the first
time in the first line, the words: — doorkeepers, assistant
doorkeepers and, — by inserting after the word "dollars",
in the second line, the words: — and fifty cents, — -and by
striking out the word "seventeen", in the seventh line, and
inserting in place thereof the word : — eighteen, — so as to
read as follows: — Section 1. The doorkeepers, assistant Additional
doorkeepers and messengers of the general court shall receive fravemng°ex-
two dollars and fifty cents for every mile of ordinary travel- keepers^^etc^of
ling distance from their places of abode to the place of the general court,
sitting 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 eighteen.

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

Approved March 16, 1918.

An Act to authorize savings banks and savings de- fi^f,^ an

PARTMENTS OF TRUST COMPANIES TO INVEST IN FARM ^'

LOAN BONDS.

Be it enacted, etc., as folloivs:

Section 1. It shall be lawful for savings banks and Savings banks,

, , J p j_ J • • ji • etc., authorized

savings departments or trust companies in this common- to invest in
wealth to invest in farm loan bonds lawfully issued by federal bo^s'.°'^

General Acts, 1918. — Chap. 68.

land banks incorporated under the provisions of the act of
congress approved July seventeen, nineteen hundred and
sixteen, entitled "An act to provide capital for agricultural
development, to create standard forms of investment based
upon farm mortgage, to equalize rates of interest upon farm
loans, to furnish a market for United States bonds, to create
government depositaries and financial agents for the United
States, and for other purposes,"
Section 2. This act shall take effect upon its passage.

Approved March 16, 1918.

Chap. 68

An Act relative to trusts.

Trustees may
change invest-
ments of
certain trust
property,
unless, etc.

Receipt of
trustee suffi-
cient discharge
to person
making
payment, etc.

Corporations
not charged
with execution
of trust to
which shares,
etc., may be
subject.

Guardian may
exercise powers
vested in insane

person.

Be it enacted, etc., as follows:

Section 1. When any personal property is subject to a
trust contained in any will or other written instrument
already or hereafter executed, the trustee or trustees shall
have power, unless there is some provision therein to the
contrary or unless it would be inconsistent with the pur-
poses of the trust, to change the investment of such property
from time to time and for that purpose to make sales and
transfers thereof.

Section 2. The receipt of any trustee, or of any one or
more of several trustees, for any money, securities, or other
personal property or effects payable, transferable, or deliv-
erable to him or them under any trust or power, created
before or after the passage of this act, shall be a sufficient
discharge therefor to the person paying, transferring, or
delivering the same, and no such person shall be bound to
see to the application thereof.

Section 3. A company or corporation, public or private,
or quasi corporation, or the managers of any trust shall not
be bound to see to the execution of any trust, express, im-
plied, or constructive, to which any of its shares, bonds, or
securities are subject, or to ascertain or inquire whether the
trust authorizes a transfer thereof by the holder, but the
provisions of this section shall not be a protection against
liability for knowingly participating in a breach of trust.

Section 4. When a power is vested in an insane person
for his own benefit, or his consent is required for the exercise
of any power where the power of consent is in the nature
of a beneficial interest in such person, his guardian may,
by order of the probate court, made after notice to such

General Acts, 1918. — Chap. 69. 47

persons, if any, as the court shall deem proper, exercise the
power or give the consent in such manner as shall be author-
ized or directed by the order.
Section 5. This act shall take effect upon its passage.

Approved March 16, 1918.

An Act relative to dividends paid by insurance stock Chap. 69

COMPANIES.

Be it enacted, etc., as folloivs:

Section 1. Section forty-one of chapter five hundred and ^^'^' ^]S ^ *'•

p , p • 1111 • amended.

seventy-Six or the acts or nineteen hmidred and seven is
hereby amended by striking out all after the word "after",
in the fifteenth line, to and including the word "and",
where it first occurs in the eighteenth line, so as to read as
follows: — Section 41- No stock company shall make a Payments of
dividend, either in cash or stock certificates, except from inJirand stock
its actual net surplus computed as required by law in its reg^i'atedf
annual statement; nor shall any such company which has
ceased to do new business of insurance divide any portion of
its assets, except surplus, to its stockliolders until it shall
have performed or cancelled its policy obligations. Aiy such
company may declare and pay, annually or semi-annually,
from its surplus, cash dividends to its stocldiolders of not .
more than ten per cent of its capital stock in a year; and if
the dividends in any year are less than ten per cent, the
difference may be made up in any subsequent year or years
from surplus accumulations; but any such company may pay
such dividend as the directors may consider prudent out of
any surplus that shall remain after deducting from the assets
all securities and book accounts on which no part of the
principal or interest has been paid within the last year and
for which foreclosure or suit has not been commenced for
collection, or which after judgment obtained thereon shall
have remained more than two years unsatisfied and on which
interest shall not have been paid, and also deducting all
interest due and unpaid on any property of the company.
Section 2. This act shall take effect upon its passage.

Approved March 16, 1918.

General Acts, 1918. — Chaps. 70, 71.

1907, 561, § 12,
amended.

Savings banks
may issue in

Chap. 70 An x^ct to authorize savings banks to issue insurance

POLICIES ON THE LIVES OF PERSONS REGULARLY EM-
PLOYED IN THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section twelve of chapter five hundred and sixty-one of
the acts of nineteen hundred and seven is hereby amended
by inserting after the word "commonwealth", in the third
line, the following: — or of a person regularly employed
therein, — so as to read as follows: — Section 12. No policy
suranc'ri^licies or auuuity coutract shall be issued, except upon the life and
identorregu- for tlic benefit of a rcsidcut of the commonwealth, or of a
in'^common-^^ pcrsou rcgularly employed therein. If the holder of any
weaitii, etc. policy Or annuity issued by such a bank becomes a resident
of another state or country, it shall be necessary, unless
the bank otherwise provides, for such a policy holder or
such an annuitant, or his duly authorized representative, or
the beneficiary entitled to a claim for loss under such a
policy, to make or receive payments at the bank, or by
correspondence, without notice from the bank. Should a
lapse occur by reason of the failure of any such person to
do so seasonably, the liability of the bank, in case of a
policy of insurance, shall be only for the amount of its pre-
viously acquired paid up insurance value, or on demand,
for the stipulated cash surrender value thereof. Upon the
presentation of the proof of death of any insured who had
so become a resident of another state, the treasurer of the
issuing bank may, if he deems it necessary, cause an inde-
pendent investigation to be made in such other state into
the alleged facts, and the expenses thereof may, in the dis-
cretion of the treasurer, be deducted from the amount
otherwise payable on the policy.

Aiyproved March 16, 1918.

Deduction of
expenses.

Chap. 71 An Act relative to the licensing of insurance agents.
Be it enacted, etc., as follows:

1907, 576, § 92,
etc., amended.

Section ninety-two of chapter five hundred and seventy-
six of the acts of nineteen hundred and seven, as amended
by section one of chapter four hundred and twenty-nine of
the acts of nineteen hundred and eleven, is hereby further
amended by inserting after the word "person", in the
fifth line, the words : — and intends to hold himself out and

General Acts, 1918. — Chap. 71. 49

carry on business in good faith as an insurance agent, — so

as to read as follows : — Section 92. Upon written notice insurance com-

1 • xl • 1 J- j_ , 1 • • missioner may

by an insurance company authorized to transact business in license insur-

this commonwealth of its appointment of a person to act ^'"^''^^^^■

as its agent herein, the insurance commissioner shall, if he

is satisfied that the appointee is a suitable person, and

intends to hold himself out and carry on business in good

faith as an insurance agent, issue to him a license which

shall state, in substance, that the company is authorized to

do business in this commonwealth, and that the person

named therein is the constituted agent of the company in

this commonwealth for the transaction of such business as

it is authorized to transact herein. Such notice shall be

upon a form furnished by the insurance commissioner and

shall be accompanied by a statement under oath by the

appointee which shall give his name, age, residence, present

occupation, his occupation for the five years next preceding

the date of the notice, and such other information, if any,

as the insurance commissioner may require, upon a blank

furnished by him. The insurance commissioner may at Revocation

f " 1 • p 1 1 • (• 1 °' license.

any time after the granting oi such license, for cause shown,
and after a hearing, determine any person so appointed, or
any person theretofore appointed as agent, to be unsuitable
to act as such agent, and shall thereupon revoke such license
and notify both the company and the agent of such revoca-
tion. Unless revoked by the commissioner, or unless the Expiration.
company by written notice to the commissioner cancels the
agent's authority to act for it, such license and any other
license issued to an agent or any renewal thereof shall expire
on the thirtieth day of June next after its issue. But any Renewal.
license issued and in force when this act takes effect or there-
after issued, may, in the discretion of the commissioner, be
renewed for a succeeding year or ^xars by a renewal cer-
tificate without the commissioner's requiring the detailed
information required by this act. A foreign company shall J^nf |^ f^^
pay a fee of two dollars for every such license and for each
renewal thereof. While such license remains in force, a
foreign company shall be bound by the acts of the person
named therein within his apparent authority as its acknowl-
edged agent.

Whoever shall assume to act as such agent or, unless a Penalties.
licensed broker, shall, in any manner, for compensation, aid
in negotiating contracts of insurance on behalf of such
corporation for a person other than himself, prior to the

50 General Acts, 1918. — Chaps. 72, 73.

issuing of a license as aforesaid, or after receiving notice of
such finding of unsuitability, or after the determination of
the hcense or renewal, shall be subject to the penalties
of section one hundred and twenty.

Approved March 16, 1918.

Chap. 72 An Act relative to the appointment of receivers for

INSURANCE COMPANIES.

Be it enacted, etc., as follows:

mfssim?er!et^." I^ any proceeding in which application is made by or at
may be ap- -(-j^g rclatiou of the iusuraucc commissioner for the appoint-

pointed receiver . » . . ■,

for insurance mcut of a rcccivcr of a corporation, either temporary or

compames. , . . . x- i • i j.*

permanent, the insurance commissioner, or one oi his deputies
or assistants, may, in the discretion of the court, be appointed
receiver, and when so appointed shall serve without com-
Counseimay pcnsatiou othcr than his official salary. When authorized
and^iMes in advaucc by the court, counsel may be employed, and
allowed. jj^^y j^g paid, from the assets of the corporation, such sums

as the court may fix. Expenses, other than those incurred
for services in the settlement of the affairs of the corpora-
tion shall, subject to the approval of the court, be paid from
the assets of the corporation. Approved March 16, 1918.

Chap. 73 An Act to authorize the cities of salem and beverly

TO BORROW MONEY IN CONNECTION WITH THE RECON-
STRUCTION OF ESSEX BRIDGE OVER THE DANVERS RIVER.

Be it enacted, etc., as follows:

Sblrmw"' Section 1. The city of Salem, for the purpose of paying
money for j^g proportiou of the cxpcnsc incurred by reason of the re-

reconstruction -ii ••£•! j. e

of Essex bridge, construction, by the county commissioners oi the county or
Essex, of the Essex bridge over the Danvers river between
the cities of Salem and Beverly, under authority of chapter
one hundred and thirty-two of the General Acts of nineteen
hundred and sixteen, and the amendments thereof, may
issue from time to time bonds or notes to an amount not
exceeding seventy-three thousand five hundred dollars. Said
bonds or notes shall bear on their face the words: City of
Salem, Essex Bridge Loan, Act of 1918; and shall be payable
by such annual pa^Tiients as will extinguish the loan in not
more than ten years from December thirty-first, nineteen
hundred and seventeen. The amount of such annual pay-
ment in any year shall not be less than the amount of the
principal of the loan payable in any subsequent year, and

General Acts, 1918. — Chap. 74. 51

the first of such payments shall become due in the financial
year nineteen hundred and eighteen. The said securities
shall bear interest at such rate as may be fixed by the treas-
urer of said city, with the approval of 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 for not less than their par value, and the proceeds, ex-
cept premiums, shall be used only for the purpose of paying
assessments as they become due and of reimbursing the
city treasury for payments already made to said county on
account of said bridge construction.

Section 2. The city of Beverly, for the purpose of pay- City of Beverly
ing its proportion of the expense incurred by reason of the money°forTe-
reconstruction, by the county commissioners of the county Essm brid°ge.°^
of Essex, of the Essex bridge over the Danvers river between
the cities of Beverly and Salem, under authority of said
chapter one hundred and thirty-two and the amendments
thereof, may issue from time to time bonds or notes to an
amount not exceeding fifty-three thousand five hundred
dollars. Said bonds or notes shall bear on their face the
words: City of Beverly, Essex Bridge Loan, Act of 1918;
and shall be payable by such annual payments as will ex-
tinguish the loan in not more than ten years from December
thirty-first, nineteen hundred and seventeen. 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 sub-
sequent year, and the first of such pajinents shall become
due in the financial year nineteen hundred and eighteen.
The said securities shall bear interest at such rate as may be
fixed by the treasurer of said city,- with the approval of 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 for not less than their par value, and the pro-
ceeds, except premiums, shall be used only for the purpose
of paying assessments on account of said bridge construction.

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

Approved March IS, 1918.

An Act relative to the readjustment of voting pre- phfjjy 74

CINCTS in the city OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section two hundred and seventeen of chap- 1913,835, §217,
ter eight hundred and thirty-five of the acts of nineteen amended.

General Acts, 1918. — Chap. 75.

Voting pre-
cincts, designa-
tion, etc.

Division of
wards into
voting pre-
cincts, time,
boundaries,
etc.

hundred and thirteen i.s hereby amended by inserting after
the word "precincts", in the fifteenth hne, the following: —
or, in Boston, if a voting precinct shall, in any year, accord-
ing to such registration show such a decrease in the number
of voters that, in the judgment of the election commissioners,
there should be a new division of precincts, the mayor and
city council may in like manner either add such precinct
to an existing precinct, or make a new di\nsion of the ward
into precincts, — so as to read as follows:- — Section 217.
Each city shall be divided into convenient voting precincts,
designated by numbers or letters and containing not more
than one thousand voters.

Every w^ard shall constitute a voting precinct by itself,
or shall be divided into such precincts. If a ward consti-
tuting one precinct contains less than one thousand voters,
according to the registration of voters at the preceding
annual city election, the aldermen may, and if it contains
more than one thousand voters, shall, on or before the first
Monday of July, divide it into two or more voting precincts.
If a voting precinct shall, in any year, according to such
registration, contain more than one thousand A^oters, the
aldermen shall in like manner either divide such precinct
into two or more voting precincts or shall make a new di-
vision of the ward into voting precincts; or, in Boston, if
a voting precinct shall, in any year, according to such regis-
tration show such a decrease in the number of voters that,
in the judgment of the election commissioners, there should
be a new division of precincts, the mayor and city council
may in like manner either add such precinct to an existing
precinct, or make a new division of the ward into precincts;
so that no precinct shall contain more than one thousand
voters. Such precincts shall be so established as to contain,
as nearly as may be, an equal number of voters, shall consist
of compact and contiguous territory entirely within one
ward, and be bounded, so far as possible, by the centre line
of known streets or ways or by other well-defined limits.

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

Ajyproved March 18, 1918.

Chap. 75 An Act to authorize the sale by the chief of the

DISTRICT police OF THE STEAMER "LEXINGTON."

Be it enacted, etc., as follows:

Section 1. The chief of the district police, with the ap-
proval of the governor and council, is hereby authorized to

City of Boston,
readjustment
of voting
precincts.

Sale of steamer

"Lexington"

authorized.

General Acts, 1918. — Chaps. 76, 77. 53

sell the steamer now owned by the commonwealth and known
as the "Lexington"; and he is directed to pay the proceeds
of the sale into the treasury of the commonwealth.
Section 2. This act shall take effect upon its passage.

Approved March 18, 1918.

An Act relative to the taxation of foreign corpo- Chap. 76

RATIONS.

Be it enacted, etc., as follows:

Section 1. Chapter seven hundred and twenty-four of ^^p""*^-
the acts of nineteen hundred and fourteen is hereby repealed.
Section 2. This act shall take effect upon its passage.

Approved March 18, 1918.

An Act relative to the financial management of Chap. 77
municipal lighting plants.

Be it enacted, etc., as follows:

Section 1. Section one hundred and fourteen of chapter i^'^*;^^*-^ ^ ^'*'
seven hundred and forty-two of the acts of nineteen hundred
and fourteen is hereby amended by striking out the words
"Prior to", in the first line, and substituting the word: —
At, — by inserting after the word "year", in the fifteenth
line, the words: — and of the cost, as defined in section one
hundred and fifteen, of the gas and electricity to be used by
the city or town. The city or town shall include in its
annual appropriations and in the tax levy not less than the
estimated cost of the gas and electricity to be used by the
city or town as above defined and estimated, — by striking
out the second sentence and by striking out all after the
word "for", in the twentieth line down to and including
the word "act", in the twenty-third line, and substituting
the words: — the purpose of establishing, purchasing, ex-
tending or enlarging the same, — so as to read as follows : —
Section 11 A. At the beginning of each fiscal year, the man- Annual income

P ' • T T 1 • iii(« -1 1 1 and expenses.

ager ot municipal lighting shall lurnish to the mayor, select-
men or municipal light board, if any, an estimate of the
income from sales of gas and electricity to private consumers
during the ensuing fiscal year and of the expense of the plant
during said year, meaning the gross expenses of operation,
maintenance and repair, the interest on the bonds, notes or
certificates of indebtedness issued to pay for the plant, an
amount for depreciation equal to three per cent of the cost
of the plant exclusive of land and any water power appur-

General Acts, 1918. — Chap. 77.

Financial
management
of municipal
lighting plants;
annual income
and expeusea.

tenant thereto, or such smaller or larger amount as the board
of gas and electric light commissioners may approve, the
requirements of the sinking fund or debt incurred for the
plant, and the loss, if any, in the operation of the plant
during the preceding year, and of the cost, as defined in sec-
tion one hundred and fifteen, of the gas and electricity to
be used b.y the city or town. The city or town shall include
in its annual appropriations and in the tax levy not less than
the estimated cost of the gas and electricity to be used by
the city or town as above defined and estimated. By cost
of the plant is intended the total amount expended on the
plant to the beginning of the fiscal year for the purpose of
establishing, purchasing, extending or enlarging the same.
By loss in operation is intended the difference between the
actual income from private consumers plus the appropria-
tions for maintenance for the preceding fiscal year and the
actual expense of the plant, reckoned as above, for that year
in case such expenses exceeded the amount of such income
and appropriation. The income from sales and the money
appropriated as aforesaid shall be used to pay the annual
expense of the plant, defined as above, for the fiscal year,
except that no part of the sum therein included for deprecia-
tion shall be used for any other purpose than renewals in
excess of ordinary repairs, extensions, reconstruction, enlarge-
ments and additions. The surplus, if any, of said annual
allowances for depreciation after making the above payments
shall be kept as a separate fund and used for renewals other
than ordinary repairs, extensions, reconstruction, enlarge-
ments and additions in succeeding years; and no debt shall
be incurred under section ninety-eight for any extension,
reconstruction or enlargements of the plant in excess of the
amount needed for the purpose in addition to the amount
then on hand in said depreciation fund. Said depreciation
fund shall be kept and managed by the city or town treas-
urer as a separate fund, subject to appropriation by the city
council or corresponding body, or selectmen or municipal
light board, if any, for the foregoing purpose. So much of
said fund as the board of gas and electric light commissioners
may from time to time approve may also be used to pay
notes, bonds or certificates of indebtedness issued to pay
for the cost of reconstruction or renewals in excess of ordi-
nary repairs, when such notes, bonds or certificates of in-
debtedness become due. All appropriations for the plant
shall be either for the annual expense defined as above, or

amended.

General Acts, 1918. — Chap. 77. 55

for extensions, reconstruction, enlargements or additions;
and no appropriation shall be used for any purpose other
than that stated in the vote making the same. No bonds,
notes or certificates of indebtedness shall be issued by a
city or town for the annual expenses as defined in this section.

Section 2. Section one hundred and fifteen of said chap- l^J^i'J}}_\ § i'^-
ter seven hundred and forty-two is hereby amended by
striking out all after the word "the", in the eighth line,
down to and including the word "for", in the eleventh line,
and substituting the words: — outstanding debt, — and by
striking out the words "at not less than three per cent per
annum of its cost", in the fourteenth and fifteenth lines,
and substituting the words: — as provided in the preceding
section, — so as to read as follows: — Section 115. There PHceforgaa
shall be a fixed price for gas and electricity, which shall not r^gufated"" ^
be changed oftener than once in three months'. Any change
shall take effect on the first day of a month, and shall first
be advertised in a newspaper, if any, published in such city
or town. The price shall not, except with the written con-
sent of the board of gas and electric light commissioners,
be fixed at less than cost, in which shall be included all
operating expenses, interest on the outstanding debt, the
requirements of the serial debt or the sinking fund established
to meet such bonds, and also depreciation of the plant to be
reckoned as provided in the preceding section, and losses;
but any losses exceeding three per cent of the investment
in the plant may be charged in different years at not more
than three per cent per annum. Such price shall not be
• greater than shall allow, above such cost, a profit of eight
per cent per annum to the city or town upon its investment.
The gas and electricity used by the city or town shall be
charged to it at cost. A sufficient deposit to secure the
payment for gas or electricity for three months may be
required in advance from any consumer, and the supply
may be shut off from any premises until all arrears for gas
or electricity furnished thereon to such consumer shall have
been paid. After three months' default in the payment of
such arrears, all appliances for distribution belonging to such
city or town on the premises may be removed and shall not
be restored except on payment of all such arrears and the
expenses of removal and restoration.

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

Approved March 18, 1918.

General Acts, 1918. — Chap. 78.

1914, 742, § 120,
amended.

Records and
returns of
municipal
lighting plants.

Chap. 78 An Act relative to the returns of municipal lighting

PLANTS AND THE ANNUAL REPORT OF THE BOARD OF GAS
AND ELECTRIC LIGHT COMMISSIONERS.

Be it enacted, etc., as follows:

Section 1. Section one hundred and twenty of chapter
seven hundred and forty-two of the acts of nineteen hundred
and fourteen is hereby amended by striking out the words
"on the thirtieth day of June", in the thirteenth Hne, and
inserting after the word "annually", in the same line, the
words: — on the last day of the fiscal year of such city or
town, — by striking out the word "September", in the
twenty-ninth line, and substituting the word : — February,
— by striking out the words " ending on the thirtieth day
of June preceding", in the thirty-first line, and inserting
before the word "year", in the same line, the words: —
preceding fiscal, — so as to read as follows: — Section 120.
A city or town which manufactures or sells gas or electricity
for lighting shall keep records of its work and doings at its
manufacturing station, and in respect to its distributing
plant, as may be required by the board of gas and electric
light commissioners. It shall install and maintain appa-
ratus, satisfactory to the said board, for the measurement
and recording of the output of gas and electricity, and shall
sell the same by meter to private consumers when required
by said board; and, if required by said board, shall measure
all gas or electricity consumed by the city or town. The
books, accounts and returns shall be made and kept in a
form prescribed by said board, and the accounts shall be
closed annually on the last day of the fiscal year of such
city or town, and a balance sheet of that date shall be taken
therefrom and included in the return to said board. The
mayor, selectmen or municipal light board and manager
shall, at any time, on request, submit said books and
accounts to the inspection of the board of gas and electric
light commissioners and shall furnish any statement or
information required b}' it relative to the condition, manage-
ment and operation of said business. Said board shall, in
its annual report, describe the operation of the several munic-
ipal plants with such detail as may be necessary to disclose
the financial condition and results of each plant; and shall
state what cities or towns, if any, operating a plant have
failed to comply with the provisions of this act, and what,

General Acts, 1918. — Chap. 78. 57

if any, are selling gas or electricity with the approval of said
board at less than cost. The mayor, or selectmen, or munic-
ipal light board, if any, shall annually, on or before the second
Wednesday of February, make a return to the board of gas
and electric light commissioners, for the preceding fiscal
year, signed and sworn to by the mayor, or by a majority of
the selectmen or municipal light board, if any, and by the
manager, stating the financial condition of said business, the
amount of authorized and existing indebtedness, a state-
ment of income and expenses in such detail as the board of
gas and electric light commissioners may require, and a list
of its salaried officers and the salary paid to each. The
mayor, the selectmen or the municipal light board may
direct any additional returns to be made at such time and
in such detail as he or they may order.

Section 2. Section one hundred and forty of said chapter i9i4. 742 § ho,
seven hundred and forty-two is hereby amended by striking
out the word "January", in the second line, and substitut-
ing the word: — March, — and by adding at the end thereof
the words: — This section shall not be construed to relieve
the said board from compliance with the provisions of
section six of chapter eighteen of the Revised Laws and
amendments thereof, — so as to read as follows : — Section Time changed
140. The board shall annually, on or before the first Wednes- annual report
day in March, transmit to the secretary of the common- trie light com-
wealth a report to the general court of its doings, with such ""'^'^'O'^'^'^^-
suggestions as to the condition of affairs or conduct of
corporations and companies which are under its supervision
as may be appropriate, with such abstracts of the returns
required by section one hundred and forty-six as it con-
siders expedient, but including the names and addresses of
the principal officers and of the directors, and an abstract
of the accidents reported to it under the provisions of section
one hundred and sixty-four. This section shall not be con-
strued to relieve the said board from compliance with the
provisions of section six of chapter eighteen of the Revised
Laws and amendments thereof.

Section 3. Nothing herein contained shall affect the ^tfe^^'^nXwHs
duty of the mayor, or selectmen or municipal light board, for current year
if any, of cities and towns owning municipal lighting plants
to make the return required under existing law for the year
ending on the thirtieth day of June in the current year. In
all other respects this act shall take effect upon its passage.

Approved March 18, 1918.

General Acts, 1918. — Chaps. 79, 80.

Parole or
discharge of
certain female
prisoners.

Chap. 79 An Act to provide for the parole or discharge of

CERTAIN FEMALE PRISONERS.

Be it enacted, etc., as follows:

Whenever, in the opinion of the physician of any prison
or other place of confinement in which is imprisoned a woman
who is about to give birth to a child during the term of her
imprisonment, the best interests of the woman or of her
unborn child require that she be paroled or discharged, he
may so certify to the board or officer empowered to grant
paroles or discharges from the institution in which she is
imprisoned, and such board or officer may, subject to such
terms and conditions as appear necessary, grant the parole
or discharge. Approved March 18, 1918.

Chap. 80 An Act relative to the issuance by counties of notes
IN connection with the construction of hospitals

FOR tuberculous PATIENTS.

Be it enacted, etc., as follows:

1916, 286 (G).
§ 6, amended.

Section six of chapter two hundred and eighty-six of the
General Acts of nineteen hundred and sixteen is hereby
amended by inserting after the word "buildings", in the
fifth line, the words: — and for all other purposes which, —
by striking out the word "as", in the same line, by insert-
ing after the word "semi-annually", in the tenth line, the
words: — except that during the continuance of the present
war and for one year thereafter the rate of interest may
exceed five per cent per annum when necessary, and by
inserting after the word "act", in the fifteenth line, the
words: — provided, hoivever, that such securities as are issued
at an interest rate exceeding five per cent per annum shall
be sold at public sale, — so as to read as follows : — Section 6.
County commissioners are authorized and directed in carry-
ing out the provisions of this act, to raise and expend such
sums of money for acquiring land and constructing and
equipping hospitals, and for the purchase, alteration and
enlargement of existing buildings, and for all other purposes
which may be necessary to carry out the provisions of this
Rate of interest act. They are authorized to borrow on the credit of the
wM!"e^tc'?"^''"* county the said sums of money, and to issue the notes of the
county therefor, with interest at a rate not exceeding five
per cent per annum, payable semi-annually, except that

Counties may
issue notes
to construct
hospitals for
tuberculous
patients.

General Acts, 1918. — Chap. 81. 59

during the continuance of the present war and for one year
thereafter the rate of interest may exceed five per cent per
annum when necessary. The notes shall be signed by the
county treasurer and countersigned by a majority of the
county commissioners. The county may sell the said securi-
ties at public or private sale on such terms or conditions as
may be deemed proper, but the proceeds shall be used only
for the purposes specified by this act: yromdcd, however, that Proviso.
such securities as are issued at an interest rate exceeding
five per cent per annum shall be sold at public sale. Said
notes may be renewed from time to time until such time as
all the cities and towns liable have paid to the county treas-
urer the amounts assessed. All reimbursement from cities
and towns shall be applied to the pajTuent of temporary
debt incurred under the provisions of this act by said counties.

Approved March 18, 1918.

An Act relative to the disbursement of state aid for Chap. 81

THE RELIEF OF FIREMEN AND THEIR DEPENDENTS.

Be it enacted, etc., as follows:

Section 1. The sum of eighteen thousand dollars may state aid for
annually be paid from the treasury of the commonwealth and their "^^""^^
for the purpose of furnishing relief to firemen and their '^^p®"'^^"*^-
dependents, designated in section seventy-three of chapter
thirty-two of the Revised Laws, as amended by chapter two
hundred and fifty-three of the acts of nineteen hundred and
three and by chapter ninety of the acts of nineteen hundred
and eleven, and in section seventy-four of said chapter thirty-
two, as entitled to participate in the benefits of the Fire-
men's Relief Fund of Massachusetts, heretofore provided by
section one of chapter one hundred and twenty-one of the
Special Acts of nineteen hundred and seventeen. The said
sum shall be in substitution for the annual payment to the
treasurer of the Massachusetts State Firemen's Association
constituting said relief fund, but payments from the treasury
on account of said relief shall nevertheless be determined in
manner and amount, on properly approved vouchers in the
same manner as other claims against the commonwealth,
by the board appointed under the provisions of said section
seventy-three of said chapter thirty-two and amendments
thereof, known as the commissioners of the firemen's relief
fund, who shall hereafter be known as the Commissioners
on Firemen's Relief. Five hundred dollars of the amount

60 General Acts, 1918. — Chaps. 82, 83.

hereby authorized may be expended for the travelhng and
incidental expenses of said board.
Repeal. SECTION 2. Sections seventy-one, seventy-two, seventy-

five and seventy-six of chapter thirty-two of the Revised
Laws, section two of chapter one hundred and seventy-one
of the acts of nineteen hundred and six, and chapter one
hundred and twenty-one of the Special Acts of nineteen
hundred and seventeen, are hereby repealed.
Section 3. This act shall take effect upon its passage.

Approved March 20, 1918.

CJiap. 82 An Act to enable the metropolitan park commission

TO EMPLOY FOR TEMPORARY POLICE SERVICE CERTAIN
RESERVE POLICE OFFICERS AND OTHERS.

Be it enacted, etc., as follows:

imend^ed^^' ^ '' Section 1. Chapter fifty-six of the General Acts of nine-
teen hundred and sixteen is hereby amended by striking out
Metropolitan scctiou ouc, and Substituting the following: — Section 1.

park commia- ,,^, ,. ...,.,

sion inay tern- i hc metropolitan park commission is authorized to appoint
certain reserve and cmploy as a Call officcr for temporary police duty on
po ice o cers. reservations and parkways under its control, any member of
the reserve police force of any city or town within the metro-
politan parks district, or any person on the civil service list
of eligibles for appointment to any such reserve police force
or to the permanent police force of any such city or town.
Proviso. provided that the assent of the chief of police of the city or

town shall first be obtained for the employment of any
member of its reserve police force as herein provided. Em-
ployment by the said commission of any such reserve police
officer shall not prevent his employment by the city or town
in which he resides whenever his services may be required
by its chief of police.
Section 2. This act shall take effect upon its passage.

Approved March 20, 1918.

Chap. 83 An Act increasing the number of unmatured shares

in CO-OPERATIVE BANKS THAT MAY BE INDIVIDUALLY
OWNED, AND THE MAXIMUM MORTGAGE LOAN BY SUCH
BANKS ON SINGLE PARCELS OF REAL ESTATE.

Be it enacted, etc., as folio ivs:

etc!' amended. SECTION 1. Scctiou tcu of chapter six hundred and
twenty-three of the acts of nineteen hundred and twelve, as

General Acts, 1918. — Chap. 83. 61

amended by section two of chapter six liundrcd and forty-
three of the acts of nineteen hundred and fourteen, and by
chapter seventy-seven of the General Acts of nineteen him-
dred and fifteen, is hereby further amended by striking out
the word "twenty-five", in the ninth hne, and substituting
the word: — forty, — so as to read as follows: — Section 10. bankr'immber
The capital to be accumulated shall be unlimited and shall of unmatured
be divided into shares of the ultimate value of two hundred be individually
dollars each. The shares may be issued in quarterly, half- °
yearly or yearly series, in such amounts and at such times as
the board of directors may determine. No shares of a prior
series shall be issued after the issue of a new series, except
that shares of the next preceding series may be issued to
qualify as security for a real estate loan. No person shall
hold more than forty unmatured nor more than ten matured
shares in any one bank, but any person may at the same
time hold both unmatured and matured shares therein to said
amounts.

Section 2. Section twenty-four of said chapter six 1012. 623. § 24.
hundred and twenty-three is hereby amended by striking ^^^'^
out the word "five", in the ninth line, and substituting the
word : — eight, — so as to read as follows : — Section 24. mortgagrioans
For every loan made upon real estate a note shall be given, °f rlal^igtate^''^
accompanied by a transfer and pledge of the requisite number
of shares standing in the name of the borrower, and secured
by a mortgage of real estate situated in this commonwealth,
the title to which is in the name of the borrower and which is
unencumbered by any mortgage or lien other than municipal
liens or such as may be held by the bank making the loan.
No loan upon one parcel of real estate shall exceed eight
thousand dollars. The shares so pledged shall be held by the
corporation as collateral securit}' for the performance of the
conditions of the note and mortgage. The note and mort-
gage shall recite the number of shares and the series to which
the shares belong and the amount of money advanced thereon,
and shall be conditioned upon the payment at or before the
stated meetings of the corporation of the monthly dues on
said shares, and the interest and premium, if any, upon the
loan, with all fines on payments in arrears, until said shares
reach their matured value, or said loan is otherwise cancelled
and discharged.

If the borrower neglects to offer security satisfactory to Effect of
the directors within the time prescribed by the by-laws, his se^cOTity!°ete!^'^
right to the loan shall be forfeited and he may be charged

General Acts, 1918. — Chaps. 84, 85.

with one month's interest and one month's premium, if any,
at the determined rate, and with such part of the expenses
incurred as may be determined by the board of directors; and
the money appropriated for such loan may subsequently be
reloaned.

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

Approved March 20, 1918.

Chap. 84 An Act to authorize the serge ant- at- arms to employ

ADDITIONAL WATCHMEN AT THE STATE HOUSE.

Assistant
watchmen at
the state
bouse.

Be it enacted, etc., as follows:

Section 1. The sergeant-at-arms is hereby authorized
to employ, during the continuance of the present war and
for one year thereafter, six persons as assistant watchmen at
the state house in addition to those already authorized, who
shall receive an annual salary of eleven hundred dollars each.

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

Approved March 20, 1918.

R. L. 76, § 3.
etc., amended.

Chap. 85 An Act relative to the registration and re-examina-
tion OF physicians and to practitioners from other

STATES.

Be it enacted, etc., as follows:

Section 1. Section three of chapter seventy-six of the
Revised Laws, as amended by section one of chapter three
hundred and forty-six of the acts of nineteen hundred and
thirteen, by section one of chapter two hundred and ninety-
three of the General Acts of nineteen hundred and fifteen,
and by section one of chapter fifty-five of the General Acts of
nineteen hundred and seventeen, is hereby further amended
by striking out the word "twenty", in the eleventh line, and
substituting the word: — twenty-five, — and by striking
out the words "without the paA,inent of an additional fee",
in the nineteenth line, and substituting the words: — upon
the pajanent of an additional fee of three dollars, — so as to
read as follows : — Section 3. Applications for registration
shall be made upon blanks to be furnished by the board, and
shall be signed and sworn to by the applicants. Applicants
for registration 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,

Registration
and re-exam-
ination of
physicians.

General Acts, 1918. — Chap. 85. 63

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-five
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 Re-examination
examination satisfactory to the board, and is therefore re- p"^''®^®-
fused registration, shall be entitled within one year after
such refusal to a re-examination at a meeting of the board
called for the exammation of applicants, upon the pajmient
of an additional fee of three dollars ; but two such re-examina-
tions shall exhaust his privilege under his origmal application.
Said board, after hearing, may by unanimous vote revoke any Revocation of
certificate issued by it and cancel the registration of any registrTtion,
physician who has been convicted of a felony or of any crime "*"■
in the practice of his profession; or after hearmg, 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 profes-
sion, 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 hun-
dred and eight; or to have acted as prmcipal or assistant in
carrying on the practice of medicine by an unregistered per-
son, or by any person who has been convicted of the illegal
practice of medicine, or by any registered physician whose
license has been revoked 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 Reissue of can-

^1 "^ ^ ,1 i.^ 1 • -^ X • ceiled certifi-

tnan one year tnereaiter, by a majority vote, reissue any cateofregis-
certificate formerly issued by it or issue a new certificate, ^^ '°"' '^ *''
and register anew any physician whose certificate was re-
voked and whose registration was cancelled by the board.
All fees received by the board shall, once in each month, be Fees to be paid
paid by its secretary into the treasury of the commonwealth.
No person, who at the time of the passage of this act, is a

64 General Acts, 1918. — Chap. 86.

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.

Sc.^'amended. SECTION 2, Scctiou nine of Said chapter seventy-six, as
amended by section six of chapter five hundred and twenty-
six of the acts of nineteen hundred and nme, is hereby further
amended by striking out all after the word "commonwealth",
in the tenth line, down to and including the word "calls",

prec^idin"\ec- "^ ^^^^ fourteenth line, so as to read as follows: — Section 9.

tionsnotto The provisious of the eight preceding sections shall not be

apply to certain ,,,,... P '■ . , , ,

practitioners, hekl to discrimuiatc agamst any particular school or system
of medicine, to prohibit medical or surgical service in a case
of emergency, or to prohibit the domestic administration of
family remedies. They shall not apply to a conmiissioned
medical officer of the United States army, navy or marme
hospital service in the performance of his official duty; to a
physician or surgeon from another state who is a legal prac-
titioner in the state in which he resides, when in actual
consultation with a legal practitioner of this commonwealth;
to a physician authorized to practice medicine in another
state, when he is called as the family physician to attend a
person temporarily abiding in this commonwealth; nor to
registered pharmacists in prescribmg gratuitously, phar-
macists, clairvoyants, or persons practicing hypnotism,
magnetic healing, mind cure, massage, Christian science or
cosmopathic method of healing, if they do not violate any
of the provisions of section eight.

Approved March 20, 1918.

Chap. 86 An Act to authoeize mutual fire insurance companies
TO transact certain additional lines of business.

Be it enacted, etc., as follows:

etc^'am^ended Scctiou thirty-tvvo of chapter five hundred and seventy-six
of the acts of nineteen hundred and seven, as amended by
chapters two hundred and forty-eight and five hundred and
nine of the acts of nineteen hundred and eight, by section
one of chapter four hundred and ninety-nine of the acts of
nineteen hundred and ten, by chapters one hundred and
seventy-four and three hundred and thirty-four of the acts
of nineteen hundred and thirteen, by chapter four hundred
and twenty=six of the acts of nineteen hundred and fourteen,

General Acts, 1918. — Chap. 87. 65

by sections one and two of chapter one hundred and forty-six
and by section one of chapter two hundred and thirty-eight
of the General Acts of nineteen hundred and seventeen, is
hereby further amended by adding at the end thereof the
following : — A mutual fire insurance company authorized to Mutual fire

,,., „, . „ I'l TT i> 1 • insurance com-

transact the kmds oi busmess set forth m clause i'lrst or this panies, addi-
section may also transact the kinds of business, except ocean business
marine, set forth in clause Second of this section, provided ^"* °"^^ "
that for each one hundred thousand dollars of capital stock,
required by section thirty-four of said chapter five hundred
and seventy-six and amendments thereof of an insurance
company upon the stock plan for authority to transact
business under both of said clauses, a mutual company shall
have not less than five hundred thousand dollars of insurance
in force in not less than two hundred separate risks. Any
business so transacted under the provisions of said Second
clause shall be subject to the provisions of law now or hereafter
in force relating to the transaction of business by a mutual
fire insurance company. Approved March 20, 1918.

An Act to provide for the weekly payment of wages to Chap. 87

EMPLOYEES OF CLUBS IN CITIES.

Be it enacted, etc., as follows:

Section one hundred and twelve of chapter five hundred and etc^'imenVelf'
fourteen of the acts of nineteen hundred and nine, as amended
by chapter three hundred and fifty of the acts of nineteen
hundred and ten, by chapter two hundred and eight of the
acts of nineteen hundred and eleven, by chapter two hundred
and forty-seven of the acts of nineteen hundred and fourteen,
by chapter seventy-five of the General Acts of nineteen
hundred and fifteen, and by chapter two hundred and twenty-
nine of the General Acts of nineteen hundred and sixteen, is
hereby further amended by inserting after the word "hotel",
in the third line, the words : — or club, — so as to read as
follows : — *Sec/ion 112. Every person, firm or corporation weekly pay-

, . . 1 . 1 1 1 • -J. p X ^^^^ of wages

engaged m carrying on a hotel or club m a city, or a factory, to employees
workshop, manufacturing, mechanical or mercantile estab- cities! etc°
lishment, mine, quarry, railroad or street railway, or a
telephone, telegraph, express or water company, or in the
erection, alteration, repair or removal of any building or
structure, or the construction or repair of any railroad, street
railway, road, bridge, sewer, gas, water or electric light works,
pipes or lines, shall pay weekly each employee engaged in

66 General Acts, 1918. — Chap. 88.

his or its business the wages earned by him to within six days
of the date of said payment, but any employee leaving his or
her employment, shall be paid in full on the following regular
pay day; and any employee discharged from such employ-
ment shall be paid in full on the day of his discharge, or in the
city of Boston as soon as the provisions of law requiring pay
rolls, bills and accounts to be certified shall have been com-
plied with; and the commonwealth, its officers, boards and
commissions shall so pay every mechanic, worlanan and
laborer who is employed by it or them, and every person
employed by it or them in any penal or charitable institution,
and every county and city shall so pay every employee who
is engaged in its business the wages or salary earned by him,
unless such mechanic, worlanan, laborer or employee requests
in writing to be paid in a different manner; and every town
shall so pay each employee in its business if so required by
him; but an employee who is absent from his regular place
of labor at a time fixed for pa>Tiient shall be paid thereafter
Section not to on demand. The provisions of this section shall not apply

apply to certain ^ t e j.- j.* • j.-

employees, to &n cmploycc 01 a co-operative corporation or association
unless, etc. ^£ j^^ -^ ^ stocklioldcr therein unless he requests such corpora-
Exemption by tion to pay him weekly. The public service commission,

public service i>, t • , mi ^- p

commission per- aitcr a hearing, may exempt any railroad corporation from

™'"^ ■ paying weekly any of its employees if it appears to the board

that such employees prefer less frequent payments, and that

their interests and the interests of the public will not suffer

No exeinption thereby. No corporation, contractor, person or partnership

tracT^''''* '"'"" shall by a special contract with an employee or by any other

means exempt himself or itself from the provisions of this

Penalty. and the following section. Whoever violates the provisions

of this section shall be punished by a fine of not less than ten

nor more than fifty dollars. Approved March 20, 1918.

Chap. 88 An Act to provide for the protection of the public

HEALTH IN THE VICINITY OF ALEWIFE BROOK IN THE TOWNS
OF ARLINGTON AND BELMONT AND IN THE CITIES OF CAM-
BRIDGE AND SOMERVILLE.

Be it enacted, etc., as follows:

Protection of SECTION 1. The statc department of health is hereby

in vicinity of authorizcd and directed to prohibit the entrance or discharge

ewi e roo . ^^ scwagc iuto auv part of Alewife brook, or its tributaries,

and to prevent the entrance or discharge therein of any other

substance which might be injurious to public health or might

tend to create a public nuisance.

General Acts, 1918. — Chaps. 89, 90. 67

Section 2. The department shall consult with the owner Means of ren-
of any factory or other establishment situated on or near the harmfers'!^**'
said river or any of its tributaries, at his request or of its own
motion, as to the best practicable and reasonably available
means of rendermg the waste or refuse therefrom harmless.

Section 3. The supreme judicial and superior courts Provisions of
shall have jurisdiction in equity to enforce the provisions of enfo^rce'd."''
this act, and any order made by the state department of
health in conformity therewith. Proceedings to enforce any
such order shall be instituted and prosecuted by the attorney-
general upon the request of the said department.

Section 4. Whoever permits the entrance or discharge Penalty.
into Alewife brook, or its tributaries, of sewage or of any other
substance injurious to the public health or tending to create a
public nuisance after the same has been prohibited by the
state department of health as provided in section one shall
be punished by a fine not exceeding five hundred dollars for
each offence.

Section 5. This act shall not affect the rights of the cities Jj riLhti''ni)T
of Cambridge and Somerville under chapter two hundred affected.
and thirty-eight of the acts of the year eighteen hundred and
ninety-six or any other rights of any city or town in regard
to drainage into Alewife brook.

Approved March 20, 1918.

An Act to provide for notice of entry of judgment in Chap. 89

CERTAIN CASES IN POLICE, DISTRICT AND MUNICIPAL COURTS.

Be it enacted, etc., as folloivs:
Section 1. When judgment is entered bv a district, police Notice of entry

... 1 ' 1 of judgments

or municipal court upon a demurrer, or upon a case stated, in lower courts
or when a decision is rendered in an action, at any time other parties, etc.
than in open court, the clerk of the court shall forthwith give
notice thereof to the parties or to their attorneys.

Section 2. This act shall take effect on the first day of J^^^ •'f *^i^'"s
October, nineteen hundred and eighteen.

Approved March 20, 1918.

An Act to authorize the state board of agriculture Chap. 90
to purchase farm machinery and lease the same for
the use of farmers.

Be it enacted, etc., as follows:

Section 1. There shall be allowed and paid out of the Farmmachin-
treasury of the commonwealth a sum not exceeding one chased and^"^'

68 General Acts, 1918. — Chap. 91.

flrmfr^ hundred thousand dollars, to be expended subject to the

approval of the governor and council by the state board of
agriculture in the purchase of farm machinery and m operat-
ing the same or in leasing it to farmers, for use in this com-
monwealth, upon such terms and for such periods as the
board may deem expedient.
^ions^oHaw SECTION 2. The provisious of chapter four hundred and

ho^ri°lnabor niucty-four of the acts of nineteen hundred and eleven, as
of persons amcudcd by chapter two hundred and forty of the General
under act not Acts of nineteen hundred and sixteen, relating to the hours
app y. ^£ labor of public employees, shall not apply to persons em-

ployed under the provisions of this act.

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

Approved March 23, 1918.

Chap. 91 An Act belative to the taking of land for transmission

LINES BY electric COMPANIES.

Be it enacted, etc., as follotcs:

itcJ'am^enVed." Section 1. Scctiou ouc hundred and twenty-eight of
chapter seven hundred and forty-two of the acts of nineteen
hundred and fourteen, as amended by chapter one hundred
and forty-one of the General Acts of nineteen hundred and
seventeen is hereby further amended by striking out the word
"it", in the sixth line, and substituting the words: — elec-

Stoansmifs'ion tricity to itself or, — so as to read as follows: — Section 128.

lin^ by electric ^u clcctric compauy may, from time to time, apply by
petition to the board for authority to construct and use or to
continue 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 electricity
to itself or 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 information
as the board may require. The board, after notice and a
public hearing in one or more of the cities or towns affected.

General Acts, 1918. — Chap. 91. 69

may determine that said line is necessary for the purpose
alleged, and will serve the public convenience and is consistent
with the public mterest. If the company has acquired or Taking of land
thereafter shall acquire rights in the public ways or lanes of Ifnef by^Tiectric
the cities or towns through which said line will or does pass, companies.
or over private lands therem, 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 au-
thorize the company to take such lands, not exceeding one
hundred and fifty feet in width, or such rights of way or other
easements therem as may be necessary for the construction
and use or continued use as constructed or with altered con-
struction of the remainder of such line along the route pre-
scribed m the order of the board : yroiyided, however, that not- Proviso,
withstandmg 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
easements m private lands which may be necessary to effect
only the alteration of construction of an existing Ime. The
board shall transmit a certified copy of its order to the com-
pany and the clerk of each such city or town. The 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 estunates
as aforesaid showing such changes. If the board shall dismiss
the petition at any stage m the proceedings hereinbefore set
forth, no further action shall be taken thereon, but the com-
pany may file a new petition after the expiration of a year
from such dismissal. A description of the lands, rights or Descriptionof
easements taken, sufficiently accurate for identification, }o"be recorded^"
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 of the company and accom-
panied by a copy of the order of the board, shall be recorded

70 General Acts, 1918. — Chap. 92.

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 takmg shall be valid unless it complies
with the foregoing requirements. When such taking is
effected, the company may forthwith proceed to erect, main-
Bond, etc., to be tain and operate thereon said line. The board may, by its
urer and re- ordcr, rcquirc the company to deposit with the treasurer and
ceiver general, rg^eiver 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 common-
wealth to an amoimt and with sureties satisfactory to the
board, conditioned for the paAinent of such compensation
When right to as may be awarded for such taking. If the company shall
ce^^e.'^"*^ ^'^'^^' not enter upon and construct such line upon the land so taken
within one year thereafter, its right under such takmg shall
cease and determine. 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
on'dLmage^,^'^^ of this act. A pcrsou or corporation sustaining damages as
iSned'^*^'^' 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 court 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 addition
thereto.

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

Approved March 25, 1918.

Chap. 92 An Act relative to state pay for certain residents of

THE commonwealth IN THE FEDERAL SERVICE.

Be it enacted, etc., as follows:

state pay for SECTION 1, The provisions of chapter two hundred and

dents of com- clcveu of tlic Gcucral Acts of nineteen hundred and seventeen,

Smtlry'or "^ as affcctcd by chapter three hundred and thirty-two of the

naval service. Qgncral Acts of nineteen hundred and seventeen, providing

(foy ")/•)/ state pay for certain soldiers and sailors in the federal service,

^ ■" ■' shall be construed to apply to all persons, male or female,

voluntarily enlisted in the military or naval service of the

United States since the beginning of the present war with the

German Empire as defined by said chapter three hundred and

thirty-two, or drafted into the military forces under the pro-

General Acts, 1918. — Chap. 92. 71

visions of the federal selective service act, whether a part of
the quota of this commonwealth or not, provided that such Proviso,
persons, at the time of their entry into said service, were
residents of this commonwealth. The treasurer and receiver Evidence of
general may accept as prima facie evidence of the facts ''"'^*'''' ^**'-
relating to the allotment and service of any applicant, his
statement in writing, sworn to before any commissioned
officer above the rank of lieutenant in the military service
and above the rank of ensign in the naval service.

Section 2. The written statement of an assessor of a Assessors may
city or town that a soldier or sailor claiming pay or on whose de™ce as'^ti'
account pay is claimed by a dependent or allottee, under the ci^mTnte?^
provisions of said chapter two hundred and eleven, as con-
strued by this act, was a resident thereof on the first day of
April, nineteen hundred and seventeen, shall be prima facie
evidence of the fact of such residence, but the treasurer and
receiver general may accept such other evidence of residence
as he may consider adequate. The assessors of the several
cities and towns shall, at the request of the treasurer and
receiver general, forthwith furnish such information relative
to such residence as their records may disclose.

Section 3. The following words and phrases, as used in Certain words,
said chapter two hundred and eleven, shall be construed as ^*''' ^°"^*''"®*^-
follows : — •

"Muster-in", as relating to service in the navy, shall mean "Muster-in,"
the date on which the enlisted man is sworn into the federal
service, and as relating to service in the army, the date of
call to active duty, and in both cases shall correspond, as
nearly as possible, to the date upon which federal pay began
to run.

"Termination of service" shall mean the date of discharge, "Termination
or of promotion to a rank above that of non-commissioned fineT^'*''^' *"
or petty officer, or of release from school attendance, or such
other releases as the federal government may from time to
time allow.

"Non-commissioned officer" shall in the army include all "Non-commis-
oSicers below the rank of lieutenant except field clerk, and defined. *''"^'
in the navj^ all officers below the rank of warrant officer.

Section 4. Wlioever knowingly makes a false statemefnt, Penalty.
oral or written, relating to a material fact in supporting a
claim to pay under the provisions of said chapter two hundred
and eleven, as construed by this act, shall be punished by a
fine of not more than one hundred dollars, or by imprisonment
for not more than one year. Wlioever, being entitled in part

72 General Acts, 1918. — Chaps. 93, 94, 95.

to the benefits of said chapter two hundred and eleven as
construed by this act, fraudulently claims or receives pay for
a period of time following the termmation of his right to
receive the same shall be punished by a fuie of not more than
one hundred dollars, or by imprisoiunent for not more tlian
one year, or by both such fine and imprisonment.

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

Approved March 26, 1918.

Chap. 93 Ax Act relative to conveyances and transfers by a

PERSON to himself AND OTHERS.

Be it enacted, etc., as follows:

eu^^'hl^peSon Section 1. Real estate, including any interest therein,
to himself and mav be transferred bv a person to himself iomtly wdth

another, etc., " " . -. ,..■,.

permitted. another person or persons m the same manner m which it
might be transferred by him to another person.

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

Approved March 26, 1918.

Chap. 94 An Act to provide for the granting of certificates of

HONOR TO MASSACHUSETTS' SOLDIERS WHO SERVED ON THE
MEXICAN BORDER.

Be it enacted, etc., as follows:
Certificates of SECTION 1 . The adjutant general is herebv authorized and

honor to mem- i p • i ^ rn i i • i

bersofmihtia dircctcd to procurc and lurnisn to each omcer and enlisted
Mex^cS'^Border mail of the JVIassachusctts national guard who performed
*^"*^' border duty under the call of the president of the United

States in the years nineteen hundred and sixteen and nineteen
hundred and seventeen a certificate of honor, emblematic of
the said service, as a mark of the appreciation of the people of
the commonwealth. In carrying out the provisions of this
act there may be e:q)ended out of the treasury of the com-
monwealth, from the ordinary revenue, a sum not exceeding
sixteen hundred dollars.

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

Approved March 26, 1918.

CJiap. 95 An Act relative to the powers and duties of the sur-
veyor general of lumber.

Be it enacted, etc., as follows:

K L 60 § 15, Section 1. Chapter sixty of the Revised Laws is hereby
amended by striking out section fifteen and substituting the

General Acts, 1918. — Chap. 95. 73

following: — Section IS. The fees for surveying and marking ^j^e^ to be
shall be paid by the purchaser, as follows : — For ash, bass- surveyor gen-
wood, birch, beech, cherry, chestnut, cottonwood, ehn, gum- '^'^'^ ° "™ ^^'
wood, hackberry, hickory, magnolia, mahogany, maple, oak,
poplar, sycamore, tupelo, walnut, willow, butternut, pecan,
locust, buckeye, hardwood strips in bundles, hardwood floors
in bundles, fifty cents for every thousand feet, board measure;
for hardwood floors to open and hardwood strips to open,
seventy-five cents for every thousand feet; for car lots of all
Western pme, fifty cents for every thousand feet; for flooring,
North Carolina and yellow pine six mches and under for
straight lots, sheathmg and bark strips, forty-five cents for
every thousand feet; for North Carolina pine. North Carolina
and yellow pine roofers, cypress, spruce, fir, hemlock, and all
Eastern pine, forty cents for every thousand feet; for all
cargo lots thirty cents for every thousand feet with the excep-
tion of North Carolina pine sheathing to open, yellow pine
sheathing to open, yellow pine floors to open and hard wood,
fifty cents for every thousand feet; for bark strips, forty
cents for every thousand feet; for yellow pine sheathmg in
bundles, North Carolina pine sheathing in bmidles, yellow
pine floors in bundles, North Carolina pine floors in bundles,
and spruce boards, thirty-flve cents for every thousand feet.
One half of the fees paid by the purchaser as aforesaid shall be
allowed and paid to him by the seller. If the surveyor general f^eg^^to^br^^d
receives in fees in any year more than twenty-flve hundred J"*^ state treas-
dollars and his necessary expenses for office rent, the heating
and lighting thereof, clerical assistance, telephone service,
postage, stationery and transportation in the performance of
his duties, he shall pay the excess over said amount and ex-
penses into the treasury of tlie commonwealth.

Section 2. Section four of said chapter sixty, as amended R- l. eo, § 4

etc. tiiiiionciGQ.

by section one of chapter four hundred and seventy-seven
of the acts of nineteen hundred and two, is hereby further
amended by striking out the word "ten", in the fourth line,
and substituting the word : — twelve, — so as to read as
follows: — Section 4- He shall keep a record of all lumber Surveyor gen-
surveyed by himself or his deputies and of the amount of fees to keep certain
received by each deputy, and as often as once in each month ^^°'^ ^' ^^'''
he shall be entitled to twelve per cent of such fees. Such
record shall be at all times open to inspection by the members
of the city councils of cities and by the selectmen of towns
within said district. Grades and kinds of lumber which are Grades, etc.,
recognized in trade and not defined in this chapter may, not^defined,

General Acts, 1918. — Chaps. 96, 97.

how estab-
lished, etc.

Pees therefor.

upon application therefor in writing to the surveyor general,
be estabhshed and defined by him, with the approval of the
governor and council, and after such approval the surveyor
general shall cause lists of the same to be printed and pub-
lished from time to time, at the cost of the commonwealth;
and the grades and kinds so defined shall be in force through-
out the commonwealth; and the fees for the survey thereof
shall be the same as those for surveying lumber of grades
similar thereto. Approved March 26, 1918.

Certain records
of venereal
diseases not
public, except,
etc.

Chap. 96 An Act relative to reports and records of venereal

DISEASES.

Be it enacted, etc., as folloivs:

Section 1. Hospital, dispensary, laboratory and mor-
bidity reports and records pertaining to gonorrhoea or
syphilis shall not be public records, and the contents thereof
shall not be divulged by any person having charge of or
access to the same except upon proper judicial order or to a
person whose official duties, in the opinion of the commissioner
of health, entitle him to receive information contained
therein.

Section 2. Laboratory, dispensary and morbidity re-
ports and records of cases of gonorrhoea or syphilis, other
than the permanent records of hospitals and institutions,
shall be destroyed at the expiration of five years from the year
in which they were made.

Section 3. Violation of any provision of this act shall be
punished by a fine of not less than fifty dollars for a first
offence, and not more than one hundred dollars for any sub-
sequent offence. Apjiroved March 26, 1918.

Certain records
of venereal
diseases to be
destroyed.

Penalty.

Chap. 97 An Act relative to the jurisdiction of certain trial

JUSTICES.

Be it enacted, etc., as follows:

Section eleven of chapter three hundred and twenty-six of
the General Acts of nineteen hundred and seventeen is hereby
amended by adding at the end thereof the following : — but
any trial justice may interchange services with and act for
any other trial justice in his county when it is necessary or
expedient so to do, — so as to read as follows: — Section 11.
Trial justices now residing in any town named in section ten,
shall, until the expiration of the term of office for which they

1917. 326 (G),
§ 11, amended.

Jurisdiction of
certain trial
justices.

General Acts, 1918. — Chaps. 98, 99. 75

were respectively commissioned, continue to act as such in

their respective towns under the provisions of this act, but

any trial justice may interchange services with and act for interchange

any other trial justice in his county when it is necessary or miueT ^^'^'

expedient so to do. Approved March 26, 1918.

An Act relative to the use as evidence of copies from QJiav. 98

THE records, books AND ACCOUNTS OF TRUST COMPANIES
AND NATIONAL BANKS.

Be it enacted, etc., as follows:

Copies from the records, books and accomits of a trust Use of copies of

,. 1 1 ^ ^ • 1 • • ,1 • ,^ bank and trust

company or national bank domg busmess withui the common- company
wealth, shall be competent evidence in all cases, equally with ovldencef "" ^
the originals thereof, if there be annexed to such copies an
afHdavit, taken before a clerk of a court of record or notary
public, under the seal of such court or notary, stating that the
affiant is the officer having charge of the original records,
books and accounts, and that the copy is correct and is full,
so far as it relates to the subject-matter therein mentioned.

Approved March 26, 1918.

An Act relative to the powers of certain special QJiaij 99

POLICE OFFICERS.

Be it enacted, etc., as follows:

Section 1. Section seventy-nine of chapter two hundred ^ ^^ 212, § 79,
and twelve of the Revised Laws is hereby amended by insert-
ing after the word "officer", in the tenth line, the words: —
or special police officer appomted by the governor at the
request of the Massachusetts Society for the Prevention of
Cruelty to Animals under chapter three hundred and eighty-
four of the acts of nineteen hmidred and twelve, — so as to
read as follows : — Section 79. If complaint is made to a Powers of cer-
court or i^iagistrate authorized to issue warrants m crimmal unde? search
cases that the complainant believes and has reasonable cause ™^"'*"^-
to believe that preparations are being made for an exhibition
of the fighting of birds, dogs or other animals, or that such
exliibition is in progress, or that birds, dogs or other animals
are kept or trained for fighting at any place or in any building
or tenement, such court or magistrate, if satisfied that there
is reasonable cause for such belief, shall issue a search warrant
authorizing any sheriff, deputy sherift", constable or police

General Acts, 1918. — Chap. 100.

R. L. 212, §
amended.

Powers of cer-
tain officers to
enter premises
without a
warrant.

officer or special police officer appointed by the governor at
the request of the Massachusetts Society for the Prevention
of Cruelty to Animals under chapter three hundred and
eighty-four of the acts of nineteen hundred and twelve, to
search such place, buildmg or tenement at any hour of the
day or night and take possession of all such birds, dogs or
other animals there found and arrest all persons there present
at any such exhibition or where preparations for such ex-
hibition are bemg made, or where birds, dogs or other animals
are kept or trained for fighting.

Section 2. Section eighty of said chapter two hundred
and twelve is hereby amended by inserting after the word
"process", in the first line, the words: — or special police
officer appointed by the governor at the request of the Massa-
chusetts Society for the Prevention of Cruelty to Animals
under chapter three hundred and eighty-four of the acts of
nineteen hundred and twelve, — so as to read as follows: —
Section 80. Any officer authorized to serve criminal process
or special police officer appointed by the governor at the
request of the Massachusetts Society for the Prevention of
Cruelty to Animals under chapter three hundred and eighty-
four of the acts of nineteen hundred and twelve, may, with-
out a warrant, enter any place, building or tenement in which
there is an exliibition of the fightmg of birds, dogs or other
animals, or m which preparations are being made for such an
exhibition, and arrest all persons there present and take
possession of and remove from the place of seizure the birds,
dogs or other animals engaged in fighting, or there found and
intended to be used or engaged in fightmg, or kept or trained
for fighting and hold the same in custody subject to the order
of court as hereinafter provided.

Approved March 26, 1918.

Chap. 100 An Act providing for the transfer of certain inmates

FROM THE REFORMATORY FOR W^OMEN TO THE INDUSTRIAL
SCHOOL FOR GIRLS.

Be it enacted, etc., as follows:

Certain inmates With the conscnt of the trustccs of the Massachusetts
for women may training scliools, the director of prisons may remove to the

be removed to • i , • i i i n • i • i i j. i e j.

industrial mdustrial school tor girls any girl under the age oi seventeen

^ri^' ^°' years who has been sentenced to the reformatory for women.

Any person so transferred shall be accompanied by all mitti-
muses and processes in the case, by a copy of the medical

General Acts, 1918. — Chaps. 101, 102. 77

report and by the facts covering the history and conduct of
the person and the home circumstances of such person, so far
as they can be ascertained. Approved March 26, 1918.

An Act authorizing loans on matured shares in co- Qhav 101

OPERATIVE BANKS.

Be it enacted, etc., as follows:

Section twenty-five of Part IV of chapter six hundred and part fv's 25
twenty-three of the acts of nineteen hundred and twelve is amended.
hereby amended by striking out the word "ninety-five", in
the second fine, and substituting the word: — ninety, — and
by addmg at the end thereof the following : — Loans may be
made upon matured shares to an amomit not exceeding
ninety per cent of their face value, as represented by the
certificate. And for every such loan a note shall be given
accompanied by a transfer of the certificate as collateral for
the loan, — so as to read as follows: — Section 25. Loans Co-operative
may be made upon unpledged shares to an amount not on mltired^
exceeding ninety per cent of their withdrawal value at the authOTized.
time of the loan, and for every such loan a note shall be given,
accompanied by a transfer and pledge of the shares borrowed
upon. Loans may be made upon matured shares to an
amount not exceeding ninety per cent of their face value, as
represented by the certificate. Aid for every such loan a note
shall be given accompanied by a transfer of the certificate as
collateral for the loan. Approved March 26, 1918.

An Act to increase the sum that may be expended by (j}inj) iqo

THE COUNTY OF ESSEX FOR RECONSTRUCTING THE ESSEX
BRIDGE OVER THE DANVERS RIVER BETWEEN THE CITIES
OF SALEM AND BEVERLY.

Be it enacted, etc., as follows:

Section 1. Section three of chapter one hundred and i9i6, 132 (o,
thirty -two of the General Acts of nineteen hundred and six- amended.
teen, as amended by section one of chapter one hundred and
twenty of the General Acts of nineteen hundred and seven-
teen, is hereby further amended by striking out the word
"forty", in the third line, and substituting the word: —
fifty, — so as to read as follows : — Section 3. The expense Reconstruction
incurred under this act shall not exceed the sum of two hun- Brw^e^^amount
dred and fifty thousand dollars, and the said commissioners i°<=''eased.
are hereby authorized to borrow on the credit of the county

General Acts, 1918. — Chap. 103.

1909, 490, Part
III, § 2, etc.,
amended.

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 treas-
ury, 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 21, 1918.

Chap. 10^ An Act to authorize the tax commissioner to appoint

A PRINCIPAL appraiser.

Be it enacted, etc., a.s folio ivs:

Section 1. Section two of Part III of chapter four hun-
dred and ninety of the acts of nmeteen hundred and nine, as
affected by chapter seven hmidred and nmety-two of the acts
of nineteen hundred and thirteen, is hereby amended by
inserting after the word "expenses'", in the twenty-seventh
line, the following: — He may also, with the consent of the
governor and council, appomt, and with their consent re-
move, a principal appraiser, who shall have charge of the
appraisement of property subject to the inheritance tax, and
who shall receive such annual salary not exceeding three
thousand dollars, as shall be approved by the governor and
council, — so as to read as follows : — Section 2. The com-
missioner may with the advice and consent of the governor
and council appoint, and with their consent remove, a deputy
commissioner to assist him m his duties who shall receive an
annual salary of three thousand dollars. In case of a vacancy
in the office of commissioner or during the absence or dis-
ability of that officer, the deputy commissioner shall perform
the duties of the office, and service of process made on him
shall be of the same force and effect as if made on the com-
missioner. The commissioner may also with tlie ad\dce and
consent of the governor and council appoint, and with their
consent remove, three assistants at salaries to be approved
by the governor and council. The commissioner may also
appomt two permanent clerks, the first at a salary of two
thousand dollars a year and the second at a salary of fifteen
hundred dollars a year, and may procure such additional
clerical and other assistance as may be necessary. He may
also, with the advice and consent of the governor and council,
appoint, and with their consent remove, three supervisors of

Tax commis-
sioner to
appoint a
deputy, assist-
ants, two per-
manent clerks,
principal
appraiser, etc.

General Acts, 1918. — Chap. 104. 79

assessors, who, under the direction and control of the tax
commissioner, shall have such supervision over the boards of
assessors and collectors of taxes of the several cities and
towns of the commonwealth as is authorized by law. Each
supervisor of assessors shall receive a salary of two thousand
dollars per annum, and shall be allowed his travelling and
other necessary expenses. He may also, with the consent
of the governor and council, appoint, and with their consent
remove, a principal appraiser, who shall have charge of the
appraisement of property subject to the inheritance tax, and
who shall receive such annual salary not exceeding three
thousand dollars, as shall be approved by the governor and
comicil. He may also appomt from time to time such
appraisers as may be necessary to appraise property subject
to the inheritance tax, who shall receive such compensation
for their services as he may fix.
Section 2. This act shall take effect upon its passage.

Approved March 27, 1918.

An Act eelative to inteeest payments undee the ee- Qhav 104

TIEEMENT SYSTEM FOE COUNTY EMPLOYEES.

Be it enacted, etc., as folloivs:

Section 1. The paragraph headed "A. Refunds. — (a)" isn. 634. § 6,
of section six of chapter six hundred and thirty-four of the amended,
acts of nineteen hundred and eleven is hereby amended by
striking out the words "regular interest", in the fifth line,
and substituting the words : — such interest as shall have
been earned thereon, — so as to read as follows: — ^' ^"°o^
Refunds. — (a) Should a member of the association cease retirement

, , 1 p ,, X r ^1 ji system, refunds

to be an employee oi the county tor any cause other than to persons
death, before becommg entitled to a pension, there shall be ^mblrs°
refunded to him all the money that has been paid in by him
under section five, (2) A, with such interest as shall have been
earned thereon.

Section 2. The paragraph headed "B. Annuities from ion, 634, §6,
Employees' Deposits" of said section six is hereby amended amended.
by striking out the words "regular interest", in the ninth
line, and substituting the words : — such interest as shall have
been earned on such deposits, — so as to read as follows : —
B. Anmdties from Employees' Deposits. — Any member who County em-
reaches the age of sixty years and has been m the continuous memTystemT
service of the county for fifteen years immediately preceding, retirement.
and then or thereafter retires or is retired, any member who

80 General Acts, 1918. — Chap. 105.

retires or is retired at the age of seventy years, and any mem-
ber who is retired for the good of the service under the pro-
visions of section three, (5), shall receive an annuity to which
the sum of his deposits under section five, (2), with such in-
terest as shall have been earned on such deposits, shall
entitle him, according to the tables adopted by the board of
retirement, in one of the following forms : —

(a) A life annuity, payable monthly.

(b) A life annuity, payable monthly, with the pro\-ision
that in the event of the death of the annuitant before re-
ceiving paj^inents equal to the sum at the date of his retire-
ment of his deposits under section five, (2) A, with regular
interest, the difference shall be paid to his legal representa-
tives.

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

Approved March 27, 1918.

Chap. 105 An Act relative to the licensing of foreign fraternal

BENEFIT societies.

Be it enacted, etc., a9/oZ^o?i'5;

dii^e^f ' ^ ^^' Section 1. Clause d of section twelve of chapter six
amended. hundred and twenty-eight of the acts of nmeteen himdred

and eleven is hereby amended by inserting after the word
"society", in the thirty-fifth line, the words: — and for dis-
ability benefits not lower than the rates set forth in tables
based upon reliable experience, — so as to read as follows : —

Licensing of d. The insuraucc commissioner shall then furnish the in-
foreign fraternal , „ , • . -j? ; i i i i -j.!

benefit corporators 01 any such society, it on the lodge plan, with a

prelunmary license, authorizing it to solicit members for the
purpose of completing its organization. It shall collect from
each applicant the amount of not more than one periodical
benefit assessment or pa^^nent, in accordance with its table
of rates as provided by its constitution and laws, and shall
issue to every such applicant a receipt for the amount so
collected. But no such association shall incur any liability
other than for such advance pajTiients, nor issue any benefit
certificate, nor pay or allow, or offer or promise to pay or
allow, to any person any death or disability benefit until
actual bona fide applications for death or disability benefit
certificates, as the case may be, have been secured from at
least five hundred persons, and all such applicants for death
benefits shall have been regularly examined by legally

societies.

General Acts, 1918. — Chap. 105. 81

qualified practising physicians, and certificates of such beSne'd to
examinations have been duly filed and approved by the chief f?''^'''° ^^^

. PI • Imiinary

medical examiner oi the society; nor until there shall be license, etc.
established ten subordinate lodges or branches, in which said
five hundred applicants have been initiated; nor until there
has been submitted to the insurance commissioner, under
oath of the president and secretary or correspondmg officers
of such society, a list of the said applicants, givmg their
names, addresses, date of examination, date of approval,
date of initiation, name and number of the subordinate
branch of which each applicant is a member, amount of
benefits to be granted, rate of regular payments or assess-
ments, which for societies offering death benefits shall not
be lower for death benefits than those required by the Na-
tional Fraternal Congress Table of Mortality, as adopted by
the National Fraternal Congress, August twenty-three,
eighteen hundred and ninety-nine, or any higher standard
at the option of the society, and for disability benefits not
lower than the rates set forth in tables based upon reliable
experience, with an interest assumption not higher than four
per cent per annum; nor until it shall be shown to the in-
surance commissioner, by the sworn statement of the treas-
urer or corresponding officer of such society, that at least five
hundred applicants for death benefits have each paid in cash
one regular pajment or assessment as herein provided, which
payments in the aggregate shall amount to at least two
thousand five hundred dollars, all of which shall be credited
to the mortuary or disability fund on account of the appli-
cants, and no part of which may be used for expenses. Said Advance pay-

1 _Lini'j_i • ^ e • j_' ments to be

advance paj^rnents shall, durmg the period or organization, held in trust,
be held in trust for, and, if the organization is not completed ^^'
within one year as hereinafter provided, returned to, said
applicants. The insurance commissioner may make such Examination.
exammation and require such further information as he
deems advisable, and upon presentation of satisfactory
evidence that the society has complied with all the provisions
of this act, he shall issue to the society a certificate to that
effect.
Section 2. This act shall take effect upon its passage.

Approved March 27, 1918.

82 General Acts, 1918. — Chaps. 106, 107.

ChapAOQ An Act to exempt from taxation the personal property

HELD BY OR IN TRUST FOR RELIGIOUS ORGANIZATIONS.

Be it enacted, etc., as folloivs:

Trty'hefd^bTor Section 1. Pcrsonal property owned by or held in trust

rei^ii^Js^or an- witlim the commonwealth for reHgious organizations, whether

izations exempt or not incorporated, shall be exempted from taxation under

rom axaion. ^^^^^ provisions of chapter four hundred and ninety of the

acts of nineteen hundred and nine, and acts in amendment

thereof and in addition thereto, and the income derived

therefrom shall not be taxable under the provisions of chapter

two hundred and sixty-nine of the General Acts of nineteen

hundred and sixteen and acts in amendment thereof and in

Proviso. addition thereto: provided, that such property is used and

such income is used or appropriated for religious, benevolent

or charitable purposes.

Act to apply to SECTION 2. This act shall apply to property so owned or

certain property >^±-iy^^j.^^-> r-i ./ r i- ^

and income. j^gi^j {^ tlic year nmctcen hundred and eighteen, as well as
thereafter, and to income received from property so owned or
held during the years nineteen hundred and seventeen and
nineteen hundred and eighteen, as well as thereafter.
Section 3. This act shall take effect upon its passage.

Approved March 27, 1918.

ChapA07 An Act relative to the distribution of the income tax
among departments in certain cities.

Be it enacted, etc., as follows:

dTsTr^utioll of Section 1. The distribution of the proportion of the

among depart-' incomc tax among departments of the several municipalities

certain cities, as provided ill chapter two hundred and nine of the General

Acts of nineteen hundred and seventeen shall not take place

until the fijiancial year beginning in nineteen hundred and

eighteen as provided in the several municipalities, and in the

financial year nineteen hundred and eighteen the several

departments as specified by said act shall be credited with

the proportion of the income tax received in nineteen hundred

and seventeen to which they are entitled under the terms of

said act. In the year nineteen hundred and nineteen and

in each year thereafter such departments shall be credited

with their proportion of the income tax received during the

preceding j^ar and determined as provided in said act.

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

Approved March 27, 1918.

General Acts, 1918. — Chap. 108. 83

An Act to PROvroE war allowance and state aid for QJkijj iqq

CERTAIN RESIDENTS OF THE COMMONWEALTH IN THE
MILITARY OR NAVAL SERVICE OF THE UNITED STATES, AND
THEIR DEPENDENTS.

Be it enacted, etc., as follows:

Section 1. Any city or town, acting by the officers au- war allowances
thorized by law to furnish state and mihtary aid, may, ^ded'Cy^cities
during the war with Germany and for six months thereafter, depelfcTent ^°''
provide a war allowance for the dependent relatives of any regtdenTs'in
soldier, sailor or marine who, subsequently to February third, military service.
nineteen hundred and seventeen, entered the military or
naval service of the United States by enlistment or draft,
or who, subsequently to the said date, was recalled to such
service or was continued therein after the termination of a
prior enlistment, provided that on February third, nineteen Proviso,
hundred and seventeen, such soldier, sailor or marine was a
resident of this commonwealth. The dependent relatives
eligible to receive such aid shall be the wife, children under
sixteen years of age, or any child dependent by reason of
physical or mental incapacity, or the dependent parent, or
any person who stood in the relationship of a parent to the
soldier, sailor or marine for five years prior to his enlistment,
draft, recall or continuance in the service, since the said
February third, brother or sister. The allowance authorized
by this section shall cease on the termination of the service by
death or discharge.

Section 2. Any person in the military or naval service state aid for
of the United States, whose dependents are entitled to war fta7y slrvic"''"
allowance under the provisions of section one, and who is dependents
honorably discharged from the said service by reason of
illness or disability incurred therein, shall be eligible to receive
state and military aid under chapter five hundred and
eighty-seven of the acts of nineteen hundred and fourteen
and amendments thereof. If any such person shall die in
the said service during the said war, or shall die after an
honorable discharge from the said service from injuries
received or disability or illness incurred therem, his mother, if
a widow, his widow and his children, up to the age of sixteen,
or any child dependent by reason of physical or mental
incapacity, provided that the children were m being prior Proviso.
to his discharge, or prior to the termination of the said war,
or any person who stood to him in the relationship of a parent
for five years prior to his enlistment, draft, recall or con-

General Acts, 1918. — Chap. 108.

Manner of
payment.

Contents of
application for
war allowance.

Commissioner
of state aid and
pensions to
furnish blanks,
etc.

Applications
may be referred
to cities and
towns for
recommen-
dation.

Cities and
towns to be
reimbursed for
certain
payments, etc.

tinuance in the service, since the said February third, shall
be entitled to the benefit of state aid in accordance with the
provisions of the said chapter five hundred and eighty-seven
and amendments thereof.

Section 3. The payments authorized by the preceding
two sections shall be made in the same manner in which, and
shall be subject to the same limitations under which, state
aid is paid to dependent relatives of soldiers, sailors or marines
under said chapter five hmidred and eighty-seven and amend-
ments, except as otherwise pro\dded herein.

Section 4. Applicants for war allowance hereunder shall,
as a basis for the first payment thereof, state in writing,
under oath, the name, age and residence of the person for
whom the same is sought, the relationship of such person to
the soldier, sailor or marine, the company and regiment or
branch of the service in which he was enlisted and in which
he last served, the date and place of his enlistment, if known,
the duration of his service, the amount of United States pay,
allotment and federal family allowance, under the War Risk
Insurance Act, approved October the sixth, nineteen hundred
and seventeen, the average weekly amount contributed by
the soldier, sailor or marine during the year previous to
service, and the reason for the application, and shall furnish
such official certificates or records, or other evidence of
enlistment, service and discharge, as may be required.

Section 5. The commissioner of state aid and pensions
shall, from time to time, furnish each city and town with 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
war allowance; 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 6. Application for war allowance may be filed
directly with the commissioner of state aid and pensions, who
in such case may request the state aid officers of the city or
town named in the application for a recommendation thereon,
or with the duly authorized state aid officers of the city or
town, who shall, within three days, forward the application
together with a recommendation thereon, to the commis-
sioner.

Section 7. Municipal officers making payments under
this act shall make return of the same to the commissioner
of state aid and pensions, on blank forms to be furnished by

General Acts, 1918. — Chap. 108. 85

him, In the manner prescribed by said chapter five hundred
and eighty-seven and amendments thereof, except that so
much of section six of said chapter as relates to the maximum
allowance to be allowed shall not apply. The said commis-
sioner shall prescribe rules as to the amount and the disburse-
ment of allowance to the dependents of soldiers, sailors or
marines during the period when such soldiers, sailors or
marines are in the actual service of the United States, and
reimbursement shall be made to the city or town from the
treasury of the commonwealth for amounts actually expended
and authorized by the said commissioner, provided that in Proviso.
no case shall more than fifty dollars be reimbursed on account
of the total allowance rendered to all dependent relatives of
any one soldier, sailor or marine in any one month. All sums
expended by cities and towns in excess of the amount so
authorized shall be borne by the respective city or town in
which the recipient has a legal settlement, in the form of
soldiers' relief; but in the case of dependents of a soldier,
sailor or marine without legal settlement, the amount ex-
pended by cities and towns in excess of the limit prescribed,
after determination by the commissioner of state aid and
pensions as to how much allowance is necessary to aiford
reasonable support, shall be reimbursed by the common-
wealth.

Section 8. Cities and towns are hereby authorized to cities and
raise by taxation such sums as may be necessary to meet raSen^^sary
expenses incurred under the provisions of this act, or to bor- ^°^°^'^**' ^^'^^
row the same in excess of the statutory limit of indebtedness.
For this purpose any city or town may issue its notes, which
shall be payable in not more than one year from the date of
issue.

Section 9. \Vhoever knowingly makes a false statement, Penalties,
oral or written, relating to a material fact in supporting a
claim to war allowance or state aid mider the provisions of
this act shall be punished by a fine of not more than one
hundred dollars, or by imprisonment for not more than one
year. Wlioever, being entitled to the benefits of this act,
fraudulently claims or receives pay for a period of time follow-
ing the termination of his right to receive the same shall be
punished by a fine of not more than one hundred dollars, or
by imprisonment for not more than one year, or by both
such fine and imprisonment.

Section 10. Chapter one hundred and seventy-nine of Repeal,
the General Acts of nineteen hundred and seventeen is hereby

General Acts, 1918. — Chaps. 109, 110.

repealed, but this act shall be construed as a continuation
of the said chapter one hundred and seventy-nine, and no
right to relief which has accrued under the said chapter one
hundred and seventy-nine shall be affected by this repeal.
Section 11. This act shall take effect upon its passage.

Approved March 27, 1918.

R. L. 42, §45,
amended.

Small towns
reimbursed for
salaries of
superintendents
of schools.

C/ia^). 109 An Act relative to the reimbursement of small towns

FOR salaries paid TO SUPERINTENDENTS OF SCHOOLS.

Be it enacted, etc., as follows:

Section 1. Chapter forty-two of the Revised Laws is
hereby amended by striking out section forty-five and sub-
stituting the following : — Section JjS. Wlien the chairman
and secretary of such joint committee certify to the auditor
of the commonwealth under oath, that the towns unitedly
have employed a superintendent of schools and have ex-
pended for his salary a sum not less than eighteen hundred
dollars for the school year ending on the thirtieth day of
June, a warrant shall, upon the approval of the board of
education, be drawn upon the treasurer and receiver general
for the pa\Tnent of twelve hundred and fifty dollars, which
shall be apportioned and distributed to the towns forming
such union in proportion to the amounts appropriated and
expended by them for the salary of the superintendent, and
shall be expended for the support of the public schools.

Section 2. This act shall take effect on the first day of
July, nineteen hundred and eighteen, but payments by the
commonwealth for the year ending June thirtieth, nineteen
hundred and eighteen, shall be made in accordance with
provisions of the law in effect at the time of the passage of
this act. Approved March 27, 1918.

When to take
effect, with
provision for
certain
payments, etc.

C/iap. 110 An Act to require certain manufacturing and mechani-
cal establishments to provide for their employees
facilities for heating or warming food.

Be it enacted, etc., as foUoics:

Section one hundred and four of chapter five hundred and
fourteen of the acts of nineteen hundred and nine, as amended
by chapter five hundred and fifty-se^'en of the acts of nineteen
hundred and fourteen, and by chapter two hundred and six-
teen of the General Acts of nmeteen hundred and fifteen, is
hereby further amended by insertmg after the word

1909, 514, § 104,
etc., amended.

General Acts, 1918. — Chap. 111. 87

"premises", in the sixteenth Hne, the words: — and also

suitable and sanitary facilities for heating or warming food

to be consumed by those employees of the factory or shop

who so desire, — so as to read as follows: — Section lOL Surgical ap-

Everv person, firm or corporation operatmg a factory or shop other accommo-

."^ . , 1 • • 1 !• p • " 1 dations f or em-

m which machmery is used tor any manutacturmg or other pioyees.etc.
purpose except for elevators, or for heating or hoisting ap-
paratus, shall at all times keep and maintain, free of expense
to the employees, such medical or surgical chest, or both, as
shall be required by the state board of labor and mdustries,
and containmg plasters, bandages, absorbent cotton, gauze,
and all other necessary medicines, instruments and other
appliances for the treatment of persons injured or taken ill
upon the premises. Every such person, firm or corporation,
employmg one hundred or more persons, shall, if so required
by the state board of labor and industries, provide accommo-
dations, satisfactory to said board, for the treatment of
persons mjured or taken ill upon the premises, and also
suitable and sanitary facilities for heating or warming food
to be consumed by those employees of the factory or shop
who so desire. Every person, firm or corporation carrying
on a business in a mercantile establishment in which twenty
or more women or minors are employed, shall in the manner
aforesaid provide such medical and surgical chest as the state
board of labor and industries may require. A person, firm Penalty.
or corporation violating any provision of this section shall
be punished by a fiaie of not less than five dollars nor more
than five hundred dollars for every week during which such
violation continues. Apjiroved March 27, 1918.

An Act to authorize registered physicians and surgeons (Jhay ill

TO DISCLOSE information PERTAINING TO VENEREAL DIS-

EASES.

Be it enacted, etc., as foUotvs:

Any duly registered physician or surgeon who knows or has Physicians and
reason to believe that any person is infected with gonorrhoea authw^led to
or syphilis may disclose such information to any person, or fnfol-mttlon!*"^
to the parent or guardian of any minor, from whom the in-
fected person has received a promise of marriage. Such
information given in good faith by a duly registered physician
or surgeon shall not constitute a slander or libel.

Approved March 27, 1918.

General Acts, 1918. — Chap. 112.

Group life
insurance
defined.

Proviso.

Chap. 112 An Act relative to group life insurance.

Be it enacted, etc., as follows:

Section 1. Group life insurance is hereby declared to be
that form of life insurance covering not less than fifty em-
ployees, with or without medical examination, written under
a policy issued to the employer, the premium on which is to
be paid by the employer or by the employer and employees
jointly, and insuring only all of his employees, or all of any
class or classes thereof determined by conditions pertaining
to the emploAinent, for amounts of insurance based upon
some plan which will preclude individual selection, and for
the benefit of persons other than the employer: provided,
however, that when the premium is to be paid by tlie employer
and employee jointly and tlie benefits of the policy are offered
to all eligible employees, not less than seventy-five per cent
.of such employees may be so insured; or not less than forty
per cent if each employee belonging to the insured group has
been medically examined and found to be acceptable for
ordinary insurance by an individual policy.

Section 2. On and after July first, nineteen hundred and
eighteen, no policy of group life insurance shall be issued or
delivered in this commonwealth until a copy of the form
thereof has been filed at least thirty days with the msurance
commissioner, unless before the expiration of said thirty
days the said commissioner shall have approved the policy
in writing; nor if the said commissioner notifies the company
in writing within said thirty days that, in his opmion, the
form of the policy does not comply with the laws of this com-
monwealth, specifying the reasons for his opinion, provided,
that this action of the said commissioner shall be subject to
review by the supreme judicial court; nor shall any such
policy be so issued or delivered unless it contains in substance
the following provisions:

1. A provision that the policy shall be incontestable after
two years from its date of issue except for non-pajment of
premiums or violation of the conditions of the policy relating
to military or naval service m time of war.

2. x\ provision that the policy, the application of the
employer and the individual applications, if any, of the em-
ployees insured shall constitute the entire contract between
the parties and that all statements made by the employer
or by the individual employees shall, in the absence of fraud.

Group life in-
surance policies
to be approved
by insurance
commissioner.

Proviso.

Provisions
required in
policies.
Incontesta-
bility.

Policy, etc.,
to constitute
entire contract.

General Acts, 1918. — Chap. 112. 89

be deemed representations and not warranties, and that no
such statement shall be used in defence to a claim under the
policy unless it is contained in a written application.

3. A provision for the equitable adjustment of the pre- Equitable
miiun or the amount of insurance payable in the event of ofi"remium,
a misstatement of the age of an employee. ^^°-

4. A provision that the company will issue to the em- Employee
ployer for delivery to the employee whose life is insured under stotemert as
the policy an individual certificate setting forth a statement proSon*^etc
as to the insurance protection to which he is entitled and to

whom it is payable, together with a provision to the effect
that in case of the termination of the emplo^Tuent for any
reason whatsoever the employee shall be entitled to have
issued to him by the company, without evidence of insura-
bility and upon application made to the company within
thirty-one days after such termination and upon the payment
of the premiiun applicable to the class of risk to which he
belongs and to the form and amount of the policy at his then
attained age, a policy of life insurance in any one of the forms
customarily issued by the company, except term insurance,
in an amount equal to the amount of his protection under
such group insurance policy at the time of such termination.

5. A provision that to the group or class thereof originally New employees,
insured shall be added from time to time all new emploj-ees

of the employer eligible to msurance in such group or class.

A policy shall be deemed to contain any such provision in Policies may be

1 . ' 1 • . 1 • • !• J 1 • "^ • • more favorable

substance when, m the opmion or the msurance commissioner, in terms.
the provision is stated in terms more favorable to the em-
ployer or employee than are hereixi set forth.

Section 3. Policies of group life insurance issued bv a Policies may

, .1 1 ji 1 p ,1 • "^lii conform to laws

company not organized mider the laws or this commonwealth of other states,
may, when issued m this coimnonwealth, contain any pro- ^*°'
vision which is required by the law of the state, territory or
district of the United States in which the company was
organized, and policies of group life insurance issued by a
company organized under the laws of this commonwealth
may, when issued or delivered in any other state, territory,
district or country, contain any provision required by the
laws of the state, territory, district or country in which the
same are issued or delivered.

Section 4. No policy of group life insurance, or the pro- Policies, or pro-
ceeds thereof when paid to any employee or employees there- trattachment,^
under, or to their beneficiaries, shall be liable to attachment, ®*°'
trustee process or other process or to be seized, taken, appro-

General Acts, 1918. — Chap. 113.

Policies exempt
from loan
requirements,
etc.

Employer only
may be
member of
company, etc.

Certain con-
tracts unlawful.

Certain acts
not applicable.

priated or applied by any legal or equitable process or opera-
tion of law to pay any debt or liabilities of such employee or
his beneficiary or any other person who may have a right
thereunder either before or after paj^inent; nor shall the
proceeds thereof, when not made payable to any beneficiary,
constitute a part of the estate of the employee for the pay-
ment of his debts.

Section 5. Group life insurance policies shall be exempt
from an}' loan provision or requirement. Ajiy equity of the
insured in a group life insurance policy at the time of default
in the pajTuent of a premimn, whether that equity exists
by reason of the terms of the policy or by statute, shall be
applied to purchase extended or paid up insurance for each
of the insured at attained age on the basis of the mortality
table and rate of interest used in computing the premium
for the group.

Section 6. Under any group policy issued by a domestic
mutual life insurance company, the employer only shall be a
member of the company, and entitled to one vote by virtue
of such policy at the meetings of the company.

Section 7. Except as provided in this act it shall be
unlawful to make a contract of life insurance covering a group
in this commonwealth.

Section 8. Section sevent}'-five of chapter five himdred
and seventy-six of the acts of nineteen hundred and seven,
and so much of any other act as is inconsistent herewith shall
not apply to group life insurance policies.

Approved March 27, 1918.

1911, 751, Part
II, § 9, etc.,
amended.

Chap. lis An Act increasing the minimu:\i weekly compensation
payable to injured employees in certain cases.

Be it enacted, etc., as follows:

Section nine of Part II of chapter seven hundred and fifty-
one of the acts of nineteen hundred and eleven, as amended
by section four of chapter seven hundred and eight of the
acts of nineteen hundred and fourteen, and by section one of
chapter two hundred and forty-nine of the General Acts of
nineteen hundred and seventeen, is hereby further amended
by striking out the word "four", in the sixth line, and sub-
stituting the word : — five, — so as to read as follows : —
Section 9. Wliile the incapacity for work resulting from the
mjury 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

Minimum
weekly com-
pensation for
certain injured
employees
increased.

General Acts, 1918. — Chaps. 114, 115. 91

dollars nor less than five 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. Approved March 27, 1918.

An Act ixcreasing the tenure of county treasurers Chav 114

FROM three to FIVE YEARS.

Be it enacted, etc., as follows:

Section 1. Section three hundred and eighty-nine of i^i^. sss § 389,
chapter eight hundred and thirty-five of the acts of nineteen
hundred and thirteen is hereby amended by striking out the
word "fifteen", in the second line, and substituting the word:
— eighteen, — and by striking out the word "third", in
the same line, and substituting the word : — fifth, — so as to
read as follows: — Section 380. At the annual state election Election of
in the year nineteen hmidred and eighteen, and in every fifth tre^l^ers.
year thereafter, a county treasurer shall be chosen by the
voters in each county, except the counties of Suffolk and
Nantucket.

Section 2. Said chapter eight hundred and thirty-five, 1913, 835, § 391,
as amended in section three hundred and ninety-one by sec- ®^°'' '*'^''"'^'^'^-
tion one of chapter two hundred and fifty-five of the General
Acts of nineteen hundred and seventeen, is hereby further
amended by striking out the said section three hundred and
ninetv-one and substituting the following: — Section 55^.'^®""/®?^

. » ° . . ° . county treas-

District attorneys, county commissioners and associate com- urers increased.
missioners shall hold their several offices for terms of three
years, and sheriffs, registers of deeds, clerks of courts, registers
of probate and insolvency, and county treasurers, for terms
of five years, beginning with the first Wednesday of January
in the year succeeding their election 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 herein-
before provided for filling a vacancy in the office.

Approved March 27, 1918.

An Act to extend the coverage permitted to certain QJku) 115

CLASSES OF insurance COMPANIES INSURING MOTOR
VEHICLES.

Be it enacted, etc., as follows:

Section 1. Clause Second of section thirty-two of chapter 1907, 576, § 32,
five hundred and seventy-six of the acts of nineteen hundred amended? °"

General Acts, 1918. — Chap. 115.

extended.

and seven, as amended by chapter five hundred and nine of
the acts of nineteen hundred and eight, and by section one
of chapter five hundred and forty-one of the acts of nmeteen
hundred and thirteen, is hereby further amended by adding
at the end thereof the words : — and against loss or damage
caused by teams, automobiles or other vehicles, except rolling
stock of railways, to the property of another, for which loss or
damage any person, firm or corporation is responsible, —
Insurance com- go as to read as follows: — Second, To insure upon the stock
vehicle coverage or mutual plan vcsscls, freights, goods, money, effects, and
money lent on bottomry or respondentia, against the perils
of the sea and other perils usually insured against by marine
insurance, including risks of inland navigation and transporta-
tion ; also to insure against loss or damage to and loss of use
of motor vehicles, their fittings and contents, whether such
vehicles are being operated or not, and wherever the same
may be, resulting from accident, collision or any of the perils
usually insured against by marine msurance, including inland
navigation and transportation; and against loss or damage
caused by teams, automobiles or other vehicles, except rolling
stock of railways, to the property of another, for which loss or
damage any person, firm or corporation is responsible.

Section 2. Clause Fifth of section thirty-two of said
chapter five hundred and seventy-six, as amended by chapter
two hundred and forty-eight of the acts of nineteen hundred
and eight, and by chapter three hmidred and thirty-four of
the acts of nineteen hundred and thirteen, is hereby further
amended by inserting after the word "msure", in the first
line thereof, the words: — upon the stock or mutual plan, —
and by inserting after the word "responsible", in the eighth
line, the words : — or against loss or damage to, or loss of
use of, motor vehicles designed to operate on land, their
fittings and contents, whether such vehicles are being operated
or not and wherever the same may be, resulting from accident,
except loss or damage by fire or while being transported m
any conveyance by land or water, or collision, — so as to read
as follows : — Fifth, To insure upon the stock or mutual
plan any person against bodily injury or death by accident,
or any person, firm or corporation against loss or damage on
account of the bodily injury or death by accident of any
person, or against damage caused by teams, automobiles or
other vehicles, except rolling stock of railways, to the property
of another, for which loss or damage such person, firm or
corporation is responsible, or against loss or damage to, or loss

1907, 576, § 32,
clause 5, etc.,
amended.

Insurance
against acci-
dent, etc.

General Acts, 1918. — Chap. 116. 93

of use of, motor vehicles designed to operate on land, their
fittings and contents, whether such vehicles are being operated
or not and wherever the same may be, resulting from accident,
except loss or damage by fixe or while being transported m
any conveyance by land or water, or collision, and to make
insurance upon the health of individuals.

Approved March 27, 1918.

An Act to pkevent the destruction of highways and C/iap. 116

BRIDGES BY HEAVY VEHICLES.

Be it enacted, etc., as follows:

Section 1. Section thirty-nine of Part 5 of chapter three i9i7. 344 (G),
hundred and forty-four of the General Acts of nineteen amended.^^'
hundred and seventeen is hereby amended by strikijig out
the words "for any considerable depth", m the fourteenth
line, by insertmg after the word "the", in the same line, the
words: — cities and, — and by striking out the words " unless
such highway or bridge is paved with brick, block, sheet
asphalt, concrete pavement or surface", in the twenty-second
and twenty-third lines, so as to read as follows: — Section Operation pi
39. No traction engine, trailer, motor vehicle, draft w^agon, ove^Wghways
cart or other vehicle shall be operated upon or over a highway r^guiated"''^'
or bridge iji any city or town in this commonwealth, nor shall
any object be moved over or upon any such highway or bridge,
upon wheels, rollers or otherwise, in excess of a total weight
of fourteen tons, mcluding vehicle, object or contrivance and
load, without first obtaining the permit mentioned in section
forty-one of Part 5 of this act from the authority or authorities
therein mentioned; nor shall any vehicle be operated or
contrivance moved upon or over said highways or bridges
which has any flange, ribs, clamps or other object attached
to its wheels or made a part thereof, which will injure, cut
into or destroy the surface of the highway or bridge; and in
the cities and towns of the commonwealth outside of the
metropolitan parks or sewerage districts no such engine,
vehicle, object or contrivance for moving heavy loads shall
be operated or moved upon or over any such highway or
bridge the weight of which restmg upon the surface of said
highway or bridge exceeds eight hundred pounds upon any
inch in width of the tire, roller, wheel or other object, without
first obtaining said permit. The owner, driver, operator or Liability for
mover of any such e^gine, vehicle, object or contrivance over ^^^'^^'^ •
said highway or bridge shall, unless relieved from liability

General Acts, 1918. — Chap. 116.

1917, 344 (G),
Part 5, § 40,
amended.
Speed of certain
heavy vehicles
regulated.

1917, 344 (G),
Part 5, § 41,
amended.

Permits for
moving of
heavy vehicles.

Conditions,
etc., in per-
mits.

by said permit, be responsible for all damages which said
highway or bridge may sustain as a result of said action on
his part, and the amomit thereof may be recovered in an
action of tort by the authority or authorities in charge of the
maintenance or care of said highway or bridge; or by the
authorities of the town, the Massachusetts highway commis-
sion, or the county commissioners, whichever has charge of
the highway or bridge which is injured.

Section 2. Said Part 5 is hereby amended by striking out
section forty and substituting the following: — Section Jfi.
No traction engme, with or without trailers, and no motor
truck carrying a weight m excess of four tons, including the
vehicle, shall be operated upon any highway or bridge in
this commonwealth at a speed greater than fifteen miles an
hour; and no vehicle carrying a weight in excess of four tons,
includmg the vehicle, shall be operated upon any such high-
way or bridge at a speed greater than four miles an hour when
such vehicle is equipped with iron, steel or other metallic
tires, nor greater than twelve miles an hour when the vehicle
is equipped with tires of rubber or other similar substance.

Section 3. Section forty-one of said Part 5 is hereby
amended by inserting after the word "the", in the fourth
line, the words: — cities or, — and by inserting after the
word "any", where it occurs the second time in the nmth
line, the words: — city or, — so as to read as follows: —
Section Jfl. The Massachusetts highway commission, county
commissioners, superintendents of streets, selectmen, or road
authorities having charge of the repair and maintenance of
any highway or bridge in any of the cities or towns in this
commonwealth are hereby authorized upon proper application
in writing, to grant permits for the moving of heavy vehicles,
loads, objects or structures in excess of a total weight of
fourteen tons, over said highways or bridges, and for operat-
ing or moving over any highway or bridge in any city or town
in the commonwealth outside of the metropolitan parks or
sewerage districts, any engine, vehicle, object or contrivance,
the weight of which resting upon the surface of said highway
or bridge exceeds eight hundred pounds upon any inch in
width of tire, roller, wheel, or other object, which permits
when duly granted shall authorize such movement. Said
permits may be general or may limit the time and the par-
ticular roads and bridges which may be used, and may contain
any special conditions or provisions which in the opinion of
the authorities granting the same are necessary for the pro-

General Acts, 1918. — Chap. 117. 95

tection of said highways or bridges from injury. The au-
thorities that have charge of any such bridge are hereby
authorized to make regulations hmiting the speed of any of the
vehicles mentioned in this act passing over said bridge to a
speed not exceeding six miles an hour, provided that notice Proviso.
is conspicuously posted at each end of the bridge affected
by such regulation and the load capacity of the bridge is
stated therein. Approved March 27, 1918.

An Act to make uniform physicians' certificates of /^z,^^ i i 7
exemption from vaccination. ^'

Be it enacted, etc., as folio ivs:

Section six of chapter forty-four of the Revised Laws, as R. l. 44, § e,
amended by chapter three hundred and seventy-one of the ''*^*'- '*°^'^'"^®'^-
acts of nineteen hundred and six, and by chapter two hun-
dred and fifteen of the acts of nmeteen hmidred and seven,
is hereby further amended by striking out the words " granted
for cause stated therein, signed by a regular practising phy-
sician that he is not a fit subject for vaccination", m the
fourth and fifth lines, and substituting the following: — the
same as the physician's certificate required by the provisions
of section one hundred and thirty-nine of chapter seventy-five
of the Revised Laws, as amended by section two of chapter
one hundred and ninety and by section ten of chapter five
hundred and forty-four of the acts of nineteen hundred and
two, — so as to read as follows : — Section 6. A child who Physicians'
has not been vaccinated shall not be admitted to a public exem^p'tlM from
school except upon presentation of a certificate the same as madi"un^orm.
the physician's certificate required by the provisions of section
one hundred and thirty-nine of chapter seventy-five of the
Revised Laws, as amended by section two of chapter one
hundred and nmety and by section ten of chapter five hun-
dred and forty-four of the acts of nineteen hmidred and two.
A child who is a member of a household in which a person is
ill with smallpox, diphtheria, scarlet fever, measles, or any
other mfectious or contagious disease, or of a household ex-
posed to such contagion from another household as aforesaid,
shall not attend any public school during such illness until
the teacher of the school has been furnished with a certificate
from the board of health of the city or town, or from the
attending physician of such person, stating that danger of
conveying such disease by such child has passed.

Approved March 27, 1918.

General Acts, 1918. — Chaps. 118, 119.

Chap. lis An Act relative to the compensation of certain legis-
lative EMPLOYEES OF THE GENERAL COURT.

Be it enacted, etc., as follows:

The provisions of chapter three hundred and twenty-three
of the General Acts of nineteen hundred and seventeen au-
thorizmg a temporary increase in the compensation of certain
employees of the conmionwealth shall, as to all legislative
employees of the general court appointed by the sergeant-at-
arms, including such employees temporarily so appointed,
be permanent. Approved March 27, 1918.

Legislative

employees,

temporary

salary increases

made

permanent.

1911, 751,
Part II, etc.,
amended.

C/iap. 119 An Act relative to inaccuracies in claims for compen-
sation UNDER THE WORKMEN'S COMPENSATION ACT.

Be it enacted, etc., as follows:

Part II of chapter seven hundred and fifty-one of the acts
of nineteen hundred and eleven, as amended by the addition
of a new section, numbered twenty-three, by section five of
chapter five hmidred and seventy-one of the acts of nijieteen
hundred and twelve, is hereby further amended by inserting
after the word "board", in the eighth line of said section
twenty-three, the following new sentence : — A claim for
compensation shall not be held invalid or insufficient by
reason of any inaccuracy m stating the time, place, cause or
nature of the mjury, unless it is shown that it was the mten-
tion to mislead and that the association was in fact misled
thereby, — so as to read as follows: — Section 23. The claim
for compensation shall be in writing and shall state the time,
place, cause and nature of the mjury; it shall be signed by
the person injured or by a person m his behalf, or, in the
event of his death, by his legal representative or by a person
in his behalf, or by a person to whom payments may be due
under this act or by a person m his behalf, and shall be filed
with the industrial accident board. A claim for compensa-
tion shall not be held invalid or insufficient by reason of any
inaccuracy in stating the time, place, cause or nature of the
injury, unless it is shown that it was the intention to mislead
and that the association was in fact misled thereby. The
failure to make a claim within the period prescribed by section
fifteen shall not be a bar to the maintenance of proceedings
under this act if it is found that it was occasioned by mistake
or other reasonable cause. Approved March 27, 1918.

Certain inac-
curacies in
claims of
injured employ-
ees not to
affect validity.

General Acts, 1918. — Chaps. 120, 121. 97

An Act relative to the taxation of money deposited Chav. 120

IN BANKS OUTSIDE THE COMMONWEALTH.

Be it enacted, etc., as follotvs:

Section 1. Section two of chapter two hundred and fl\^^^ ^*-'^'
sixty-nme of the General Acts of nhieteen hundred and six- amended.
teen, as amended by chapter seven of the General Acts of
nineteen hundred and eighteen, is hereby further amended
by striking out the paragraph entitled " First", of subdivision
(a) of said section two, and substitutmg the following: —
First: Deposits m any savings bank chartered by this com- Deposits in
monwealth or m the Massachusetts Hospital Life Insurance in^cenlin^rtatea
Company, or such of the deposits m the savings department tSSion!"^""^
of any trust company so chartered as do not exceed in amount
the limits imposed upon deposits in savmgs banks by section
forty-six of chapter five hmidred and nmety of the acts of
the year nineteen hundred and eight, and acts m amendment
thereof and in addition thereto, and deposits in any bank
situated in the state of New Hampshire, so long as the pro-
visions of chapter one hundred and eighty-nine of the Public
Acts of nineteen hundred and seventeen of that state remain
in force, and deposits in any bank in any other state which
exempts from taxation to its inhabitants similar deposits,
and interest and dividends thereon, owned by such inhabit-
ants in banks in this commonwealth.

Section 2. This act shall take effect upon its passage. To apply to
and shall apply to all taxes assessed in this commonwealth i^fgis^**^**
in the year nineteen hundred and eighteen.

Approved March 28, 1918.

An Act to place the hospital cottages for children Chap. 121
under the supervision of the commission on mental
diseases.

Be it enacted, etc., as follows:

Section 1. The commission on mental diseases shall have Hospital
general supervision of the Hospital Cottages for Children at chudr^ ^placed
Baldwinsville and may, with the approval, in each case, of sion^on^^JiItaf
the trustees and superintendent of the said institution, diseases.
place and keep therein such children as the commission may
select. Children so placed shall be maintained at such ex-
pense to the commonwealth as shall be determined by said
commission and said trustees. The commission shall have

General Acts, 1918. — Chap. 122.

1913, 835, § 199,
etc., amended.

all the powers relative to state charges in said institution
and to their support which it now has relative to state charges
in other institutions under its supervision.
Section 2. This act shall take effect upon its passage.

Approved April 2, 1918.

ChapA22 An Act relative to the time within which nomination

PAPERS SHALL BE SUBMITTED FOR THE CERTIFICATION OF

NAMES.

Be it enacted, etc., as follows:

Section 1. Section one hundred and ninety-nine of
chapter eight hundred and thirty-five of the acts of nineteen
hundred and thirteen, as amended by section one of chapter
eighty-two of the General Acts of nineteen hundred and
seventeen, is hereby further amended by inserting after the
word "paper", in the fifteenth line, the words: — of a candi-
date for a state office, — and by insertmg after the word
"filed", in the seventeenth line, the words: — and every
nomination paper of a candidate for a city or town office shall,
before it is filed, be seasonably submitted, — so as to read
as follows: — Section 109. Every voter who signs a nomina-
tion 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 writmg
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 of a candidate for a state office shall
be submitted on or before five o'clock in the afternoon of the
Friday preceding the day on which it must be filed, and every
nomination paper of a candidate for a city or town office
shall, before it is filed, be seasonably submitted to the regis-
trars of the city or town in which the signers appear to be
voters, and in Boston to the election conmaissioners, who
shall forthwith certify thereon the number of signatures
which are names of voters both in the city or town and in the

Voters to sign
nomination
liapers in per-
son, adding
residence, etc.

Number of
nominations.

Women may
sign, etc.

To be submitted
to registrars, etc.

General Acts, 1918. — Chaps. 123, 124. 99

district or division for which the nomination is made. They Number to
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 nommation papers. The
secretary of the conmionwealth shall not be required m 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. This act shall take effect upon its passage.

Approved April 2, 1918.

An Act eelative to the sessions of the probate court (Jfiaj) 123

FOR the county OF BRISTOL.

Be it enacted, etc., as folloivs:

Section 1. The probate court for the county of Bristol Probate court
shall be held at Fall River on the first Friday of each month, county.
except August; at New Bedford on the second Friday of each Established.
month, except July, and except also that in August it shall
be held on the first Friday; at Tamiton on the third Friday
of each month, except July and August; and at Attleboro on
the fourth Friday of January, March, May, June, September
and November.

Section 2. Chapter eighty-eight of the acts of nineteen Repeals.
hundred and fourteen, as amended by chapter seventy-three
of the General Acts of nineteen hundred and sixteen, and so
much of section sixty of chapter one hundred and sixty-two
of the Revised Laws as is inconsistent herewith, are hereby
repealed.

Section 3. This act shall take effect on the first day of Time of

■J. • 1 1 1 1 • taking effect.

January, nineteen hundred and nineteen.

Approved April 2, 1918.

An Act relative to the powers of cities and towns in nhn^ 1 04
respect to playgrounds, physical education and social "

WELFARE.

Be it enacted, etc., as follows:

Section 1. Section nineteen of chapter twenty-eight of R- l. 28. § 19

i-rj.i-r 111 • Pin etc., amended.

the Revised Laws, as amended by section one 01 chapter five
hundred and eight of the acts of nineteen hundred and ten,
and by section one of chapter twenty-five of the General Acts

100 General Acts, 1918. — Chap. 124.

of nineteen hundred and fifteen, is hereby further amended
by inserting after the word "to", in the fifth fine, the words:
— or leased by, — by inserting after the word "thereon",
in the seventh Ime, the words: — and in any building standing
thereon, — by inserting after the word "bviilding", in the
thirteenth line, the words:- — -such building or any building
standing on land leased by the city or town, — and by insert-
ing after the word "used", m the same line, the words: — by
said board or any person or organization duly authorized by
Playgrounds, the board, — so as to read as follows:- — ■Section 19. Any
tion and social city Or towu may acquire land within the municipal limits,
of'^citiS and "* in fee or otherwise, by gift, purchase, or by the right of
^rpecting. eminent domain, or may lease the same, and prepare, equip
and maintain it, or any other land belonging to or leased by
the city or town and suitable for the purpose, as a public play-
ground; and may conduct and promote thereon, and in any
building standing thereon, play, sport and physical education,
and may construct and maintain buildings therefor on any
public playground owned by the city or town m fee or on
any other land suitable for the purpose owned by the city
or town in fee, and such a building may also be used for town
meetings, and, subject to the conditions and terms prescribed
by the board controlling the building, such building or any
building standing on land leased by the city or town may be
used by said board or any person or organization duly au-
thorized by the board for such other public or social or educa-
Proviso. tional purposes as the board may deem wise: 'provided,

however, that such other public, social or educational uses
shall not interfere with its regular use as a gjonnasium; and
for these purposes may appropriate money and may employ
such teachers, supervisors and other officials as it deems best,
City council or and may determine tlicir Compensation. Except in the city
§pvermng^S>dy. of Boston and except as to making appropriations, the above
powers shall be exercised by the board of park commissioners,
or by the school committee or by a playground commission
appointed by the mayor or the selectmen, or may be dis-
tributed between the board of park commissioners, the
school conmiittee and such playground commission or any
of them or any one or more members of all or any two of
these boards accordingly as the city council or the town may
decide. Until the city council or the town determines which
of the above bodies shall exercise said powers they shall remain
in the body now exercising them. Within sixty days after
the taking of land, under the provisions of this section, the

General Acts, 1918. — Chaps. 125, 126. 101

body taking the land shall file and cause to be recorded in
the registry of deeds for the county or district in which the
land lies a description thereof sufficiently accurate for identi-
fication and a statement of the purpose for which it was
taken.
Section 2. This act shall take effect upon its passage.

Approved April 2, 1918.

An Act to provide for compensating certain persons QJm^ 125

EMPLOYED ON THE BRIDGES BETWEEN BOSTON AND CAM-
BRIDGE FOR INJURIES RECEIVED IN THE COURSE OF THEIR
EMPLOYMENT.

Be it enacted, etc., as follows:

Section 1. Laborers, workmen, mechanics, drawtenders compensation
and assistant drawtenders employed m the management and impFJyiM on
maintenance of the bridges between the cities of Boston and Bo^^n and^^^"
Cambridge shall be entitled to the compensation provided Cambridge.
for by chapter eight hmidred and seven of the acts of nine-
teen hundred and thirteen, and acts in amendment thereof,
for injuries received in the course of and arising out of their
employment. The said compensation shall be paid in tlie
manner specified in section fourteen of chapter four hundred
and sixty-seven of the acts of eighteen hundred and ninety-
eight and any amendment thereof for the maintenance,
policing, support, management and repair of the said bridges.

Section 2. The commission in charge of the said bridges Agent to be
shall designate a person to act as its agent in furnishing the ^'''''^"''*^^-
benefits provided for by this act in accordance with the pro-
visions of chapter two hundred and forty-four of the General
Acts of nineteen hundred and fifteen.

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

Approved April 2, 1918.

An Act to provide for certain expenses of the state nhn^ loR

LIBRARY.

Be it enacted, etc., as follows:

Section 1. The trustees of the state library may expend state library,
annually for permanent assistants and clerks such siuns as DxpS^s^"
the general court may appropriate therefor.

Section 2. So much of section one of chapter one hun- Repeal.
dred and twelve of the General Acts of nineteen hundred and

102

General Acts, 1918. — Chaps. 127, 128.

sixteen as amended by chapter twenty-five of the General
Acts of nineteen hundred and seventeen as is inconsistent
herewith is hereby repealed.
Section 3. This act shall take effect upon its passage.

Approved April 2, 1918.

Chap .127 An Act relative to the expenses of the board of free

PUBLIC LIBRARY COMMISSIONERS.

Be it enacted, etc., as follows:

Section 1. Section two of chapter three hundred and
seventy-three of the acts of nineteen hundred and fourteen
is hereby amended by strikmg out the words "five thou-
sand", in the third line, and substituting the words: —
seventy-five hmidred, — so as to read as follows: — Section
2. No member of the board shall receive any compensation,
but the board may aimually expend not more than seventy-
five hundred dollars, payable by the commonwealth, for
clerical assistance and for other necessary expenses.

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

Approved April 2, 1918,

1914, 373, § 2,
amended.

Board of free
public library
commissioners,
expenses
authorized.

1917, 327 (G),
§ 194, IT (5),
amended.

Chap. 12S An Act relative to the organization of the department

OF naval militia.

Be it enacted, etc., as follows:

Section 1. The paragraph designated (6) of section one
hundred and ninety-four of chapter three hundred and
twenty-seven of the General Acts of nineteen hundred and
seventeen is hereby amended by striking out all after the
word "clerks", in the third line, and substituting the words:
— and other assistants as may be necessary. The expense
of such clerical and other assistance shall not exceed the
amount annually appropriated therefor, — so as to read as
follows: — (6) The department of naval militia shall con-
sist of a naval militia bureau, such other officers as the
commander-in-chief may detail, and such clerks and other
assistants as may be necessary. The expense of such clerical
and other assistance shall not exceed the amount annually
appropriated therefor.

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

Approved April 2, 1918.

Department of
naval militia,
organization.

General Acts, 1918. — Chap. 129. 103

An Act relative to the taxation of personal ChaV'l29

PROPERTY.

Be it enacted, etc., as follows:

Section 1. Section twenty-three of Part I of chapter 1909.490,^
four hundred and ninety of the acts of nineteen hundred and etl. amended.
nine, as amended by section two of chapter three hundred
and eighty-three of the acts of nineteen hundred and eleven,
by chapter four liundred and fifty-eight of the acts of nine-
teen hundred and thirteen, by section two of chapter one
hundred and nmety-eight of the acts of nineteen hundred
and fourteen, and by chapter two hundred and seventy-one
of the General Acts of nineteen hundred and sixteen, is
hereby further amended by striking out all after the word
"section: — ", in tlie fifth line and substituting the follow-
ing:—

First, All tangible personal property, except ships and
vessels, shall be taxed to the owner in the city or town
where it is situated on the first day of April.

Second, Machinery employed in any branch of manu-
factures, including machines used or operated under a
stipulation providing for the paj^inent of a royalty or com-
pensation in the nature of a royalty for the privilege of
using or operating the same, and all tangible personal prop-
erty within the commonwealth leased for profit shall be
assessed where such machines or tangible personal property
is situated, to the owner or any person having possession of
the same on the first day of April.

Third, Personal property of deceased persons, before the
appointment of an executor or administrator, shall be
assessed in general terms to the estate of the deceased, and
the executor or administrator subsequently appointed shall
be liable for the tax so assessed as tliough assessed to him.

Fourth, Personal property of joint owners or tenants in
common, otlier than partners, may be assessed to one or
more of such owners, and any person so assessed shall be
liable for the whole tax.

Fifth, Underground conduits, wires and pipes laid in
public streets, except such as are owned by a street railway
company, and poles, underground conduits and pipes,
together with the wires thereon or therein, laid in or erected
upon private property or in a railroad location by any cor-
poration, except poles, underground conduits, wires and

104

General Acts, 1918. — Chap. 129.

Assessment of
personal estate.

Of tangible
personal prop-
erty, except,
etc.

Of machinery
employed in
manufactur-
ing, etc.

Of personal
property of
decedents.

Of joint
owners, etc.

Assessment of
underground
conduits, wires,
etc., except,
•to.

pipes of a railroad corporation laid in or erected upon the
location of such railroad, and except poles, underground
conduits, wires and pipes laid in or erected upon any right
of way owned by a street railway company, shall be assessed
to the owners thereof in the cities and towns in which they
are laid or erected, — so as to read as follows: — Section 23.
All personal estate, within or without the commonwealth,
shall be assessed to the owner in the city or town in which
he is an inhabitant on the first day of April, except as pro-
vided in Part III and in tlie following clauses of this sec-
tion : —

First, All tangible personal property, except ships and
vessels, shall be taxed to the owner in the city or town
where it is situated on the first day of April.

Second, Machinery employed in any branch of manu-
factures, including machines used or operated under a
stipulation providing for the payment of a royalty or com-
pensation in the nature of a royalty for tlie privilege of using
or operating the same, and all tangible personal property
within the commonwealth leased for profit shall be assessed
where such machines or tangible personal property is situated,
to the owner or any person having possession of the same
on tlie first day of April.

Third, Personal property of deceased persons, before the
appointment of an executor or administrator, shall be as-
sessed in general terms to the estate of tlie deceased, and
the executor or administrator subsequently appointed shall
be liable for the tax so assessed as though assessed to him.

Fourth, Personal property of joint owners or tenants in
common, other than partners, may be assessed to one or
more of such owners, and any person so assessed shall be
liable for the whole tax.

Fiftli, Underground conduits, wires and pipes laid in
public streets, except such as are owned by a street railway
company, and poles, underground conduits and pipes, to-
getlier witli the wires thereon or tlierein, laid in or erected
upon private property or in a railroad location by any cor-
poration, except poles, underground conduits, wires and
pipes of a railroad corporation laid in or erected upon the
location of such railroad, and except poles, underground
conduits, wires and pipes laid in or erected upon any right
of way owned by a street railway company, shall be assessed
to the owners thereof in tlie cities and towns in which they
are laid or erected.

General Acts, 1918. — Chap. 130. 105

Section 2. Section twenty-four of said Part I of chapter Repeal.
four hundred and ninety and chapter two hundred and
thirty-eight of the acts of nineteen hundred and twelve are
hereby repealed.

Section 3. This act shall take effect as of the first day Time of taking
of April in the current year. Apjiroved April 2, 1918.

An Act relative to the reporting of dangerous Cjidj) 130

DISEASES BY LOCAL BOARDS OF HEALTU TO THE STATE
DEPARTMENT OF HEALTH.

Be it enacted, etc., as follows:

Section 1. The board of health of every city and town, Notice to state
or in towns not having such a board, the board of selectmen heafth'of'"
acting as a board of health, shall appoint some person, who ''^'■**''' diseases.
may or may not be a member of the board, whose duty it
shall be to give notice to the state department of health of
diseases dangerous to the public health as provided by
section fifty-two of chapter seventy-five of tlie Revised
Laws, as amended by section one of chapter four hundred
and eighty of the acts of nineteen hundred and seven and
by chapter fifty-five of the General Acts of nineteen hundred
and sixteen, and in case of the absence or disability of such
appointee the board shall appoint another person to perform
said duty durmg such absence or disability. Such appoint-
ments and the acceptance thereof by the persons so ap-
pointed shall be placed upon the records of the board. Any Penalty.
person who accepts such an appointment and who wilfully
refuses or wilfully neglects or through gross negligence fails
to make and send the notices required by said section fifty-
two, as amended as aforesaid, in accordance with its terms,
shall be punished by a fine not exceeding fifty dollars.

Section 2. A claim of a city or town against the com- Vaiid claims
monwealth for reasonable expenses incurred by the board of b°v dty^or^
health of such city or town, or by the board of selectmen Ihrcommon-
acting as such, in making the provision required by law for ^oaith.
persons infected with a disease dangerous to the public health
shall not be defeated by reason of the failure on the part of
its board of healtli, or by the board of selectmen acting as
such, to give notice of such disease to the state department
of health in accordance with the provisions of said section
fifty-two as amended as aforesaid, if such claim is otherwise
a valid claim against the commonwealth.

Approved April 2, 1918.

106

General Acts, 1918. — Chap. 131.

Word "dispen-
sary" defined.

License to
maintain dis-
pensary.

Application for
license, form,
contents, etc.

C hap. ISl An Act to require that dispensaries shall be licensed

BY THE STATE DEPARTMENT OF HEALTH.

Be it enacted, etc., as follows:

Section 1. For the purposes of this act a dispensary is
defined to be any place or establishment, not conducted for
profit, where medical or surgical advice or treatment, medi-
cine or medical apparatus, is furnished to persons non-
resident therein; or any place or establishment, whether
conducted for charitable purposes or for profit, advertised,
announced, conducted or maintained under the name "dis-
pensary" or "clinic", or other designation of like import.

Section 2. It shall be unlawful for any person, firm,
association or corporation, other than the regularly consti-
tuted authorities of the United States, or of the common-
wealth, to establish, conduct, manage or maintain any dis-
pensary, as above defined, within the commonwealth, without
first obtaining a license as hereinafter provided.

Section 3. Any person, firm, association or corporation,
desiring to conduct a dispensary shall apply in writing for a
license to the state department of health. The application
shall be in a form prescribed by the said department, and
shall be uniform for all schools of medicine. There shall be
attached to the application a statement, verified by the oath
of the applicant, containing such information as may be
required by the said department. If, in the judgment of the
said department, the statement filed and other evidence sub-
mitted in relation to the application indicate that the opera-
tion of the proposed dispensary will be for the public benefit,
a license, in such form as the said department shall pre-
scribe, shall be issued to the applicant. Licenses shall expire
at the end of the calendar year in which they are issued,
but may be renewed annually on application as above pro-
vided for their initial issue. No license shall be transferable
except with the approval of the said department. For the
issue or renewal of each license a fee of five dollars shall be
charged, except to incorporated charitable organizations
which conduct dispensaries without charge and which report
as required by law to the state board of charity. The fees
shall be paid into the treasury of the commonwealth.

Section 4. The public health council of the said depart-
ment shall make rules and regulations, and may revise or
change tlie same, in accordance with which dispensaries shall

Expiration, re-
newal and
transfer.

Fee.

Rules and
regulations.

General Acts, 1918. — Chap. 132. 107

be licensed and conducted, but no such rule or regulation
shall specify any particular school of medicine in accordance
with which a dispensary shall be conducted.

Section 5. The commissioner of health, and his au- inspection,
thorized agent, shall have authority to visit and inspect any
dispensary at any time in order to ascertain whether it is
licensed and conducted in compliance with this act and with
the rules and regulations established hereunder. After thirty Revocation of
days' notice to a licensed dispensary and opportunity to be '"'®"^^-
heard, the said department may, if in its judgment the
public interest so demands, revoke the license of any dis-
pensary.

Section 6. Dispensaries legally incorporated or in opera- continuation
tion in this commonwealth at the date of the passage of this penairiLs^ '^'^'
act, shall, on application, be permitted to continue in opera-
tion for the remainder of the calendar year without fee.
The said department is hereby directed to cause an inspec-
tion to be made of all such dispensaries prior to the thirty-
first day of December in the current year.

Section 7. Any person, firm, association or corporation penalty,
advertising, conducting, managing, or maintaining a dis-
pensary as defuied in this act, unless the same is duly licensed
under this act, and any person, firm, association or corpora-
tion wilfully violating any rule or regulation made and
published under the. authority of this act, shall be guilty of
a misdemeanor, and, on conviction thereof, shall be punished
by a fine of not less than ten dollars nor more than one
hundred dollars. A separate and distinct offence shall be
deemed to have been committed on every day during which
the violation of any provision of this act continues after due
notice of the violation is given in writing by the said depart-
ment to the authorities of tlie dispensary concerned. It
shall be the duty of the commissioner of health to report to
the attorney-general any violation of this act.

Approved April 2, 1918.

An Act relative to the infirmary of the county of Chav-V^'2

BARNSTABLE.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of Laundry, etc.,
Barnstable are hereby authorized to construct and equip a county in-
building or buildings to be used for the purposes of a laundry, ''™'*''^-
ice house and garage in connection with the infirmary au-

108

General Acts, 1918. — Chap. 133.

County of
Barnstable In-
firmary Loan,
Act of 1918.

Rate of

interest.

1915,153, (G),
§ 7, amended.

May care for
patients from
other counties,
etc.

thorized by chapter one hundred and fifty-three of the
General Acts of nineteen hundred and fifteen, and to expend,
in addition to the amounts authorized by said chapter one
hundred and fifty-three and by chapter thirty-one of the
General Acts of nineteen hundred and seventeen, an amount
not exceeding twenty-five thousand dollars for the purpose
of completing and equipping said infirmary and for con-
structing and equipping said laundry, ice house and garage,
and to issue from time to time bonds or notes of the county
for the purposes and to the amount herein specified. Such
bonds or notes shall bear on their face the words, County of
Barnstable Infirmary Loan, Act of 1918, and their proceeds
shall be used only for the purposes herein specified, and in
all other respects the provisions of sections one and two of
said chapter one hundred and fifty-three in regard to the
bonds or notes therein authorized shall apply thereto;
except that on bonds or notes issued during the continuance
of the present war and for one year tliereafter the rate of
interest may exceed five per cent per annum when necessary.

Section 2. Section seven of said chapter one hmidred
and fifty-three is hereby amended by adding at the end
thereof the following: — They ma}^ also receive and care for
patients from other counties, or from cities and towns
therein, upon such terms as may be agreed upon, — so as to
read as follows: — Section 7. The trustees of the said in-
firmary may receive and care for patients who are able to
pay, upon such terms as the trustees shall fix, but preference
shall be given to poor patients who are under the care of
public health departments within the county. They may
also receive and care for patients from other counties, or
from cities and towns therein, upon such terms as may be
agreed upon.

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

Approved April 9, 1918.

C/iap.l33 An Act to extend the time for filing returns of

TAXABLE PROPERTY BY FOREIGN CORPORATIONS.

Be it enacted, etc., as follows:

Section 1. "Section fifty-four of Part III of chapter four
hundred and ninety of the acts of nineteen hundred and
nine, as amended by chapter one hundred and sixty-seven of
the General Acts of nineteen hmidred and fifteen, by section
one of chapter eighty-three of the General Acts of nineteen

1909, 490, Part
III, §54, etc.,
amended.

General Acts, 1918. — Chap. 134. 109

hundred and sixteen, and by section one of chapter eighty-
nine of the General Acts of nineteen hundred and seventeen,
is hereby further amended by striking out the word "eight-
een", in the twenty-tliird Hue, and substitutmg the word: —
nineteen, — so as to read as follows: — Section 54-. Every Certain foreign
foreign corporation shall annually, within thirty days after reqmred°rfiie
the date fixed for its ainiual meeting, or within thirty days c^te'^of con- ^"
after tlie final adjournment of said meeting, but not more '^^^^n.
than three months after the date so fixed for said meeting,
prepare and file in the office of the secretary of the common-
wealtli, upon payment of the fee provided in section ninety-
one of chapter four hundred and thirty-seven of tlie acts of
the year nineteen hundred and tliree, 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
capita,l stock, and its assets and liabilities as of a date not
more than ninety days prior to said annual meetmg, 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 tlie other particulars included
in the certificate required by section sixty of said chapter,
made since the filing of said certificate or of the last annual
report. Every foreign corporation which has property Tax return.
withm the commonwealth subject to taxation under the
laws thereof, shall annually, between the first and tenth days
of April, beginning in tlie year nineteen hundred and nine-
teen, prepare and file in the office of the tax commissioner a
return, in such form and with such detail as the tax commis-
sioner may prescribe, signed and sworn to by its treasurer,
showing all its property, real and personal subject to local
taxation within the commonwealth on the first day of April
and the location and value thereof.
Section 2. This act shall take effect upon its passage.

Approved April 10, 1918.

An Act to authorize the playing of baseball and Qhn^ 134

FOOTBALL ON THE LORD's DAY BY PERSONS IN THE MILI-
TARY AND NAVAL SERVICE OF THE UNITED STATES.

Be it enacted, etc., as follotvs:

Section 1. During tlie present war the provisions of Certain games
sections one and two of chapter ninety-eight of the Revised Lord's day°"
Laws, and of acts in amendment thereof or in addition during present
tliereto, shall not apply to games of baseball or football,

General Acts, 1918. — Chaps. 135, 136.

Proviso.

played between the hours of one and six in the afternoon of
the Lord's day, in which all the players are in the military
or naval service of the United States, provided that no ad-
mission fee is charged to any such game.
Section 2. This act shall take effect upon its passage.

Approved April 10, 1918.

1907, 191, § 5,
amended.

Towns having
boards of sur-
vey may es-
tablish lines of
way, etc.

ChapA35 An Act relative to the erection of buildings within

THE lines of ways ESTABLISHED BY TOWNS HAVING
BOARDS OF SURVEY.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and ninety-one of the
acts of nineteen hundred and seven is hereby amended by
striking out section five and substituting the following : —
Section 5, A town which has accepted or hereafter accepts
either general or special provisions of law relative to the
establishment of boards of survey may establish the exterior
lines of any way, the plan of which is approved under any
of said laws, in the manner provided for the laying out of
ways, and thereafter no structure shall be erected or main-
tained between the exterior lines of the way so established,
except that buildings or parts of buildings existing at the
time of the establishment of the said lines may be permitted
to remain and to be maintained to such extent and under
such conditions as may be prescribed by vote of tlie town
board of survey. Whoever sustains damages thereby shall
have the same remedies therefor as for damages sustained by
the laying out of a town way. The lines established under
the provisions of this section may be discontinued in the
manner provided for the discontinuance of a highway or a
town way. Whoever sustains damages by the discontinuance
of such lines 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 April 11, 1918.

Damages, etc.

C/iap. 136 An Act authorizing the secretary of the common-
wealth TO APPOINT A STATE REGISTRAR OF VITAL
STATISTICS.

Be it enacted, etc., as follows:

Section 1. The secretary of the commonwealth, subject
to the approval of the governor and council, is hereby au-

State registrar
of vital
statistics.

General Acts, 1918. — Chaps. 137, 138. Ill

thorized to appoint a state registrar of vital statistics, who
shall be a competent statistician and who shall receive from
the treasury of the commonwealth an annual salary of three
thousand dollars.

Section 2. The said registrar shall, under the direction Powers, etc.
of the secretary of the commonwealth, have power to enforce
all provisions of law relative to the registry and return of
births, marriages and deatlis, with authority to prosecute
in the name of the commonwealth any violations of the said
provisions.

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

Approved April 11, 1918.

An Act relative to the procedure in prosecutions (7/^,^^? 137

FOR selling or KEEPING ADULTERATED OR MISBRANDED

vinegar.

Be it enacted, etc., as follows:

The examination of samples of vinegar taken under au- Procedure in
thority of law shall be made under the direction and super- mi^taTnding, °^
vision of the state department of health or of the boards of ®*° • ^^^^gar.
health of the several cities and towns. If it shall appear
upon examination that any sample is misbranded or adulter-
ated within the meaning of the law, the state department of
health, or the local board of health, as the case may be, shall
not be required to cause formal complaint to be entered at
once, but shall grant the opportunity of a hearing in accord-
ance with the provisions of section five of chapter two hun-
dred and eight of the General Acts of nineteen hundred and
seventeen. • Approved April 11, 1918.

An Act to include machinery in the property of tele- n}i„y 138

PHONE AND telegraph COMPANIES THE VALUE OF WHICH
SHALL BE DETERMINED BY THE TAX COMMISSIONER.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and l^/^'j^^gj^j^^'
thirty-seven of the General Acts of nineteen hundred and
fifteen is hereby amended by inserting before the word
"poles", where it occurs in the first and twentieth lines, the
word: — machinery, — so as to read as follows: — Section place valuation
1. The valuation at which the machinery, poles, wires and cWner^rpoies,
underground conduits, wires and pipes of all telephone and ^'^phoneand
telegraph companies, shall be assessed by the assessors of po^pani'ls

112

General Acts, 1918. — Chap. 139.

Appeal.

Time of taking
effect.

the respective cities and towns in which such property is
subject to taxation in accordance with laws now or here-
after in force shall, subject to appeal to the board of appeal
as hereinafter provided, be determined annually by the tax
commissioner and shall by him be certified to the assessors
on or before the fifteenth day of June. A board of assessors
aggrieved by a valuation made by the tax commissioner
under the provisions of this act may, within ten days after
notice of his valuation, apply to the board of appeal es-
tablished by section sixty-eight of Part III of chapter four
hundred and ninety of the acts of the j'ear nineteen hundred
and nine. Said board shall hear and decide the subject-
matter of such appeal and give notice of its decision to the
tax commissioner and to the assessors; and its decision as
to the valuation of the property shall be final and conclusive.
The assessors shall, in the manner provided by law, assess
the machinery, poles, wires and underground conduits, wires
and pipes of all telephone and telegraph companies as certi-
fied and at the value determined by tlie tax commissioner or
by the board of appeal under the provisions of this act, and
such assessment by a board of assessors shall be deemed to
be a full compliance with the oath of office of each assessor
and a full performance of his official duty with relation to
the assessment of such property, except as is provided in
section two of this act.

Section 2. This act shall take effect as of April first of
the year nineteen hundred and eighteen.

Approved April 11, 1918.

1909, 504, § 50,
etc., amended.

C/iap.l39 An Act relative to the commitment and transfer of

DIPS0M.\NIACS AND OTHERS.

Be it enacted, etc., as follows:

Section 1. Chapter five hundred and four of the acts of
nineteen himdred and nine, as amended in section fifty by
chapter five hundred and fifty-eight of the acts of nineteen
hundred and fourteen, by chapter seventy-three of the
General Acts of nineteen hundred and fifteen and by chapter
sixty-nine of the General Acts -of nineteen hundred and
seventeen, is hereby further amended by striking out said
section fifty and substituting the following: — Section 50.
Any of the judges named in section twenty-nine, and the
municipal court of the city of Boston, may commit to the
Norfolk state hospital, to the McLean hospital, or to a

Commitment
and transfer of
dipsomaniacs,
etc.

General Acts, 1918. — Chap. 139. 113

private licensed hospital or house, any male or female person,
who is subject to dipsomania or inebriety either in public or
private, or who is so addicted to the intemperate use of
narcotics or stimulants as to have lost the power of self
control. The magistrate who receives the application for Magistrate
such commitment shall examine on oath the applicant and appSTiir
all other witnesses, shall reduce the application to writing o*t'^ "elc^"^
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 shall be entitled to a hear-
ing, unless after receiving said summons he shall in writing
waive a hearing; and in that case the magistrate may issue
an order for his immediate commitment as aforesaid, without
a hearing, if he is of the opinion that the person is a proper
subject for custody and treatment in the hospital or other
place to which he is committed. The commitment may be
made fortliwith, if the examining physician certifies the case
to be one of emergency. A person committed as aforesaid J^^^^.'-^jj
may be detained for two years after the date of his commit-
ment, and no longer.

Section 2. Upon the passage of this act the commission Certain trans-
on mental diseases shall transfer to the Norfolk state hospital ISte hMpftai"'
and to the custody of the superintendent thereof, under the authorized.
provisions of section sixty-nine of said chapter five hundred
and four, as amended by section one of chapter three hundred
and thirty-four of the acts of nmeteen hundred and eleven
and by chapter one hundred and thirty-one of the General
Acts of nineteen hundred and seventeen, all female persons
who are inmates of state hospitals for the insane and were
committed thereto under the provisions of section fifty of
said chapter five hundred and four, amended as aforesaid.

Section 3. Said chapter five hundred and four is hereby 1909, 504, § .54,
amended by striking out section fifty-four and substituting ^'°''°^'''^-
the following: — Section 34- Any person who is a dipso- Voluntary
maniac or inebriate or addicted to the intemperate use of ^"^"^i^^'^^^-
narcotics or stimulants, who is desirous of submitting himself
for treatment in the Norfolk state hospital, or in any hospital
or receptacle licensed under the provisions of chapter two
hundred and eighty-fi\^e of the General Acts of nineteen
hundred and sixteen, as amended by chapter two hundred
and thirty-two of the General Acts of nineteen hundred and
seventeen, and makes written application therefor, may be

114

General Acts, 1918. — Chaps.- 140, 141.

Time of de-
tention,
charges, etc.

Proviso.

received by the trustees, superintendent or manager of such
hospital or receptacle and detained therein as a boarder and
patient. No such person shall be detained more than three
days after having given notice in writing of his intention or
desire to leave the institution. The charges for the support
of such a person in said state hospital shall be governed by
the provisions of law applicable to the support of an insane
person in a state hospital, provided that the approval of the
state board of charity shall be obtained in writing.
Section 4. This act shall take effect upon its passage.

Approved April 12, 1918.

Chap. 140 An Act authorizing additional clerical assistance

FOR THE REGISTER OF PROBATE AND INSOLVENCY FOR
THE COUNTY OF NORFOLK.

Be it enacted, etc., as follows:

Section 1. The register of probate and insolvency for
the county of Norfolk shall be allowed, in addition to the
amount now allowed by law, a sum not exceeding eight
hundred dollars annually for clerical assistance actually
performed, to be paid out of the treasury of the conmion-
wealth upon the certificate of the judge of probate and in-
solvency for said county.

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

Approved April 12, 1918.

Chap.\4\ An Act relative to the purchase for public institu-
tions OF ARTICLES PRODUCED BY THE BLIND.

Be it enacted, etc., as folloics:

Section 1. Articles or supplies, other than the products
of prison labor, required by any public institution in the
commonwealth, shall be purchased by the superintendent or
other officer in charge of the institution from the Massachu-
setts commission for the blind, provided that the commission
has the same for sale, and that they were produced by persons
under the supervision of the said commission or produced
in industrial schools or workshops under the supervision of
the commission.

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

Approved April 12, 1918,

Articles
produced by
the blind to be
purchased by
public
institutions.

Proviso.

General Acts, 1918. — Chaps. 142, 143. 115

An Act to provide for the temporary care of persons Chav-^^2

SUFFERING FROM MENTAL DISEASES WHO ARE IN THE
MILITARY AND NAVAL SERVICE OF THE UNITED STATES.

Be it enacted, etc., as follows:

Section 1. The superintendent of any state hospital for Temporary
the care, treatment or observation of the insane, and the fn war fe7v°c"!
McLean hospital, may receive for care and treatment any ^.'*^ mental

, , . , , diseases.

person in the military or naval service of the United States
who is suffering from mental disease and cannot properly
be cared for at the army post or naval station or hospital
where he is stationed or happens to be, upon the written
application of the medical officer in charge of such post,
station or hospital, who shall make a full statement of the
case in such form as may be prescribed by the commission
on mental diseases. Unless otherwise ordered by the proper
military or naval authority, persons received into a hospital
under the provisions of this act may be detained therein for
a period not exceeding sixty days, except that further de-
tention, if necessary, may be authorized by the commission
on mental diseases.

Section 2. The commission on mental diseases is hereby Contracts for
authorized to make contracts with the federal government authorized.
relative to the support of persons received and cared for
under the provisions of this act on such terms as may be
agreed upon.

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

Approved April 12, 1918.

An Act to provide for further improvement and ni^nr. 143

DEVELOPMENT OF THE PORT OF BOSTON.

Be it enacted, etc., as follows:

Section 1. The commission on waterways and public Further im-
lands, for the purpose of enforcing and executing the pro- devefc^men't"'^
visions of chapter seven hundred and forty-eight of the acts "^^^^^"^^ °^
of nineteen hundred and eleven and acts in amendment
thereof and in addition thereto, relative to the port of Boston,
may make the following expenditures : — for completing
the dry dock at South Boston, the sum of seven hundred
seventy-eight thousand three hundred forty- two dollars;
for building on the commonwealth's flats at South Boston
railroad tracks south of Summer street, and for paving

expenses.

116 General Acts, 1918. — Chap. 144.

streets and constructing sewers, the sum of two hundred
thousand dollars; for laying tracks, constructing an avenue,
building a bulkhead on the reserved channel and excavating
, and filling on and near the commonwealth's flats at South
Boston, the sum of three hundred thousand dollars; and
for dredging and filling, and constructing new streets, tracks
and embanlanents in connection with improvements of the
property of the commonwealth in South Boston and East
Boston, the sum of five hundred thousand dollars.
Payment of SECTION 2. To mcct cxpcnscs authorized by section one

of this act, the commission on waterways and public lands
may expend an amoimt not exceeding one million seven
hundred seventy-eight thousand three hundred and forty-
two dollars, to be paid so far as possible from money re-
ceived by the department from the sales of land or other
property or received from the operation of property within
its control, the balance, so far as may be necessary, from the
principal of the Harbor Compensation Fund, and any other
balance necessary, if any, to be paid out of the treasury of
the commonwealth, not to exceed the sum of forty thousand
dollars.
Section 3. This act shall take effect upon its passage.

Approved April 12, 1918.

Chap AAA ^n Act to require the public service commission to

NOTIFY CERTAIN CITIES AND TOWNS OF THE FILING OF
petitions AUTHORIZING CHANGES IN THE RATES OF STREET
RAILWAY COMPANIES.

Be it enacted, etc., as foUoivs:

Cities and SECTION 1. The public service commission shall forth-

noTified'of " witli, upou tlic filing of a petition or schedule for any change
changesin rates "^ the tariff or ratcs of any street railway company operated
raiiwa^*^ witliiu tlic commouwcalth, give written notice of the pro-

companies, posed change to the mayor or selectmen of all cities and
towns in which the street railway is operated, or which, in
the opinion of the commission, would be affected by the
proposed change.

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

Approved April 12, 1918.

General Acts, 1918. — Chaps. 145, 146. 117

An Act relative to the standard of cider vinegar Chap. 14:5

AND TO THE SALE THEREOF.

Be it enacted, etc., as follows:

Section 1. Section sixty-seven of chapter fifty-seven of ^g ^^am^ndtd.
the Revised Laws, as amended by section two of chapter six
hundred of the acts of nineteen hundred and eleven, by
section one of chapter two hundred and thirty-nine of the
General Acts of nineteen hundred and fifteen, and by chapter
one hundred and eighty-nine of the General Acts of nineteen
hundred and sixteen, is hereby further amended by striking
out the said section and substituting tlie following: — Sec- standard of
tion 67. Vinegar shall contain no added or artificial coloring ushed%tc.''
matter, and shall contain not less than four grams of acetic
acid in one hundred cubic centimeters of the vinegar. If
vinegar contains any added or artificial colormg matter, or
less than the required amount of acidity, it shall be deemed
to be adulterated. There shall be published in the monthly
bulletin of tlie state department of health such methods for
the analysis of vinegar as may be prescribed from time to
time by the commissioner of health, and said metliods shall
be those published by the association of official agricultural
chemists. No person shall determine tlie value of vinegar Vaiue of
as a basis for payment in buying or selling, or for the purpose dLtefmrned!^
of inspection in any manner, otherwise than by tlie methods
herein described.

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

Approved April 12, 1918.

C/iap. 146

An Act relative to the soliciting of money for
political purposes from public employees.

Be it enacted, etc., as follows:

Section 1. No person holding public office or employ- Soliciting, etc.,
ment in the service of the commonwealth or of any county, empio'^^es for
city or town shall, directly or indirectly, demand or solicit poses!' pro-""^
any gift, payment, contribution or promise of money or i^ibited.
other thing of value from any other person holding office or
employment in the service of the commonwealth or of any
county, city or town therein, for the political campaign
purposes of any candidate for public office or of any politi-
cal committee.

118

General Acts, 1918. — Chap. 147.

Soliciting, etc.,
in certain
public build-
ings from
public em-
ployees, etc.,
prohibited.

Penalty.

Procedure for
removal from
office upon
conviction of
violation of
corrupt practice
laws, etc.

Section 2. No person shall in any building or in any
room of any building occupied for state, county or municipal
purposes demand or solicit any payment or gift of money
or other thing of value from any person holding office or em-
ployment in the service of the commonwealth or of any
county, city or town therein, for the purposes set forth in
section one.

Section 3. Whoever violates any provision of this act
shall be deemed guilty of a corrupt practice, and shall be
punished by imprisonment for not more than six months,
or by a fine of not more than one thousand dollars.

Section 4. If a person holding an elective office in the
service of the commonwealth or of any county, city or
town therein, except membership in the general court, is
convicted of violating, in the course of his campaign for such
office, any provision of this act, proceedings may be brought
against him under the provisions of chapter seven hundred
and eighty-three of the acts of nineteen hundred and four-
teen, and acts in amendment thereof, relating to corrupt
practices, for a forfeiture of the office to which he was elected,
and any officer or employee holding an appointive office
who is convicted of violating any provision of this act may
be summarily removed by the appointing authority without
a hearing. Approved April 12, 1918.

Chap.lA7 An Act relative to the hours of employment of women

AND MINORS AS OPERATORS OF ELEVATORS.

Be it enacted, etc., as follows:

The provisions of section forty-eight of chapter five hun-
dred and fourteen of the acts of nineteen hundred and nine,
and of any amendments thereof, and of any law hereafter
enacted restricting the hours of women and minors laboring
in factories, or workshops, or in mercantile, manufacturing
or mechanical establislmaents shall, unless it is otherwise
expressly provided, apply to women and minors operating
elevators in any of the aforesaid establislmients, or in any
building occupied in whole or in part by any such establish-
ment, or in any office building.

Approved April 12, 1918.

Hours of
employment
of women and
minors as
elevator
operators regu-
lated.

General Acts, 1918. — Chaps. 148, 149, 150. . 119

An Act providing for adjoxtrnment to brockton of Chav.l4:8

CRIMINAL SITTINGS OF THE SUPERIOR COURT FOR THE
COUNTY OF PLYMOUTH.

Be it enacted, etc., as follows:

Section 1. There shall be held at Brockton, In the Adjourned
county of Plymouth, an adjourned sitting of each criminal sittings of
term of the superior court for that county, for the hearing ^Snty 0^"*^**
and disposition of such criminal cases on the trial list as bi^^fd l^' *°
have arisen within the judicial district of the police court of Brockton.
Brockton or within the towns of Whitman, Abington and
Rockland, where the defendants are not in confinement
awaiting trial.

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

Approved April 13, 1918.

An Act to prohibit employers from receiving gra- (7/^^^^? 149

TUITIES given to EMPLOYEES FOR THE CHECKING OF
CLOTHING.

Be it enacted, etc., as follows:

Section 1. It shall be unlawful for any person, firm or Gratuities
corporation directly or indirectly to accept or receive any ciotung for-*' .
gratuity given to an employee of such person, firm or cor- *'''^'^*'°-
poration, for the checking of clothing.

Section 2. Violation of this act shall be punished by a Penalty.
fine of not less than fifty dollars for each offence.

{The foregoing was laid before the governor on the ninth
day of April, 1918, and after five days it had "the force of a
law", as prescribed by the constitution, as it urns not returned
by him with his objections thereto within that time.)

An Act relative to the taxation as income of certain Chav-^^O
interest receipts.

Be it enacted, etc., as follows:

Section 1. Interest received by persons loaning money Certain interest
as a business upon the pawn or pledge of tangible personal taxable^ as
property shall be taxed under the provisions of paragraph >°<^™^-
(b) of section five of chapter two hundred and sixty-nine of
the General Acts of nineteen hundred and sixteen, and not
under the provisions of section two of said chapter.

120

General Acts, 1918. — Chap. 151.

Applicable to
income
received in
1917.

Section 2. This act shall take effect upon its passage
and shall apply also to taxes levied m the year nmeteen
hundred and eighteen on account of inconae received in the
year nineteen hundred and seventeen.

Approved April IS, 1918.

1914, 449. § 1,
amended.

General and
special laws,
etc., passed by
the general
court each
year to be
published in
separate vol-
umes.

C/tap. 151 An Act relative to the preparation of the table of

CHANGES IN THE GENERAL LAWS AND INDICES THEREOF.

Be it enacted, etc., as follows:

Section 1. Chapter four hundred and forty-nine of the
acts of nineteen hundred and fourteen is hereby amended
by striking out section one and inserting in place thereof the
following : — Section 1 . The secretary of the common-
wealth shall, at the close of each session of the general court,
collate and cause to be printed in one volume the constitu-
tion of the commonwealth, all the general acts passed, any
amendments to the constitution agreed to by the general
court, the aggregate vote, both affirmative and negative, on
every act or resolve or part of an act or resolve referred to
the people in accordance witli article forty-two of the amend-
ments to the constitution, a list of the officers of the civil
government of the commonwealth, a table of changes in the
general laws and an mdex. He shall further, at the close of
each session of the general court, collate and cause to be
printed in a separate vohune all the special acts and the
resolves passed at tliat session. The general acts shall be
divided into chapters to be numbered in a regular series
without regard to the numbering of the special acts; the
special acts shall be arranged in chapters without regard to
the general acts. The joint conamittee on rules of the general
court shall annually appoint a skilled person to prepare said
table and index, and may establish his compensation.

Section 2. Chapter one hundred and eighty-five of the
acts of nineteen hundred and twelve is hereby amended by
striking out section one and inserting in place thereof the
following: — Section 1. The joint committee on rules of
the general court is hereby directed to prepare and print
from time to time during the session of the general court a
cumulative index to all acts and resolves enacted, and to
any proposed amendments to the constitution agreed upon,
up to the date of publication. The secretary of the com-
monwealth shall deliver by mail or otherwise one copy to
each member of the general court and one copy to each of

Joint Com-
mittee on
rules to af)-
point person
to prepare
table of
changes, etc.
1912, 185, § 1,
amended.

Joint com-
mittee on
rules to pre-
pare cumu-
lative index to
acts and re-
solves.

Delivery by
secretary of
the common-
wealth.

General Acts, 1918. — Chap. 152. 121

the persons mentioned in the second paragraph of section
one of chapter four hundred and seventy-four of the acts of
nineteen hundred and eight, as amended by chapter sixty-
one of the acts of nmeteen hundred and twelve, and to such
other persons as he may select.

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

(The foregoing was laid before the governor on the twelfth
day of Ajjril, 1918, and after five days it had "the force of a
law", as yrescrihed by the constitution, as it luas not returned
by him with his objections thereto loithin that time.)

An Act to provide for emergency connections be- Chav. 152
tween gas and electric companies as a means of
conservation.

Be it enacted, etc., as follows:

Section 1. During the continuance of tlie present war Board of gas
and ninety days thereafter, upon the petition in writing of a fight'^^m-"
gas or electric company, or of a municipal light board, oJdir"ertlhl^^
which is aggrieved by the refusal of a gas or electric com- extensions of

. ,. . , ° ... mains, etc., by

pany whose mams or hues are m the same or an adioming gas and electric

'. . , 1 1 , • , • • companies.

city or town to supply such petitionmg company or mu-
nicipal light board with gas or electricity, the board of gas
and electric light commissioners may, after notice to such
other gas or electric company and a public hearing, if in its
judgment the public welfare will be promoted thereby, issue
an order requiring such other gas or electric company to
make such extensions of its mains or lines within the limits
of any city or town in which it is lawfully distributing its
product as may be necessary to connect such mains or Imes
with those of the petitioner, and thereafter to supply the
petitioner with gas or electricity upon such terms and for
such period or periods, not however extending more than
eighteen months after the end of said war, as the board may
deem just and reasonable ; and in connection therewith said
board may make such further orders regulating the opera-
tion or requiring the shuttuig down of the generating plant,
if any, of the petitioner, as the public exigency may require.

Section 2. During the continuance of the present war connection of
and ninety days thereafter, upon the petition in writing of Systems ^may""
two or more gas or electric companies desiring to connect be authorized.
their systems so that gas or electricity can be interchanged,
the board of gas and electric light commissioners may, after
notice and a public hearing, if in its judgment the public

122

General Acts, 1918. — Chap. 152.

Certain gas and
electric com-
panies, etc.,
may supply
each other
with gas or
electricity, etc.

Board may au-
thorize the
taking of
rights of way
or easements,
etc.

welfare will be promoted thereby, issue an order authorizing
such gas or electric companies to make the necessary exten-
sions and connections subject to the provisions of this act
and of any other law now or hereafter in force and not in-
consistent herewith.

Section 3. During the continuance of the present war
and ninety days thereafter said board may, upon its own
motion, after notice to the parties interested and a public
hearing, if in its judgment the public welfare will be pro-
moted thereby, issue an order directing and requiring two
gas companies or two electric companies or a gas or electric
company and a city or town owning a municipal lighting
plant, whose mains or lines, as the case may be, are in the
same or adjoining cities or towns, to make such extensions of
their mains or lines within the limits of any city or town in
which they are lawfully distributmg their product as may
be necessary to connect their respective mains or lines, and
thereafter to supply each other with gas or electricity upon
such terms and for such period or periods, not however ex-
tending more than eighteen months after the end of said
war, as the board may deem just and reasonable; and in
connection therewith the said board may make such further
orders regulating the operating or requiring the shutting
down of the generating plants, if any, of the parties inter-
ested, as the public exigency may require.

Section 4. The board may, in connection with any
order issued under the three preceding sections relative to
the construction of a line for the transmission of electricity,
determine that said line is necessary for one or more of the
purposes set forth in section one hundred and twenty-eight
of chapter seven hundred and forty-two of the acts of nine-
teen hundred and fourteen, as amended by chapter one
hundred and forty-one of the General Acts of nineteen hun-
dred and seventeen, and will serve the public convenience,
and is consistent W'ith the public interest; and may, after
the proceedings therein prescribed and subject to its pro-
visions, authorize the companies, or either of them, or the
mayor and aldermen of a city or municipal light board of a
town-, if one of the parties be a municipality, to take such
lands or such rights of way or other easements therein as
may be necessary for the construction and use of said line,
notwithstanding that said companies or said cities or towns
have not first acquired rights in the public ways or lanes of
the cities or towns through which said line will pass, or over

General Acts, 1918. — Chap. 152. 123

private lands therein, for the construction of not less than
one half the total length of said line as required by said
section one hundred and twenty-eight.

Section 5. The board may, by order, authorize the Board may
erection, construction and maintenance of mains or lines in sti-uc^tkTn of°"'
fulfillment of orders under the first three sections of this {ff^n^cenain
act upon such locations as it may specify (a) across the 'orations, etc.
public ways, lanes or lands of any city or town; (b) along
and across lands or waters belonging to or controlled by the
commonwealth, with the consent of the board or official
having control of the same; (c) along and across the prop-
erty or location of any railroad or street railway company;
(d) along public ways of any city or town. Math the consent
of the mayor and aldermen, or corresponding body, in cities
or the selectmen in toMiis. In granting such locations the
board may make any such grant subject to such reasonable
terms and conditions as it may deem necessary to conserve
the rights and protect the interests of all concerned. The Approval of
grant of any such location along or across the property or ofkfcTtwn"*^
location of a railroad or street railway company, if not '"'^^"'''®'*' ®**=-
assented to by the company, shall be subject to the approval
of the public service commission after notice to the parties
interested and a hearing; and the commission may attach
to its approval such terms and conditions as it may deem
necessary; and any such last-named grant shall also be
subject to the pa^Tnent of just and reasonable compensation
therefor, which, if not agreed upon, shall in the first instance
be determined by the public service commission.

The tj'pe of construction which any company doing work Type of con-
under the provisions of this act may desire to use, and the vo'it^'e,"etc.,
voltage at which it may desire to operate its electric lines, i^o^ governed.
shall be subject to the approval or disapproval of the board
of gas and electric light commissioners, but if not so ap-
proved or disapproved shall be governed by any existing
provisions of law applicable thereto.

Section 6. Any order issued, authorization or approval Continuation.
given or location granted by said board of gas and electric thonzattons
light commissioners under the provisions of this act shall, borrdofgM
except as is herein otherwise provided, be a sufficient and fight^i^mmis-
complete authorization for the erection, construction, main- sioners.
tenance and operation of any mains or lines in accordance
therewith, any requirements, restrictions or prohibitions of
existing laws to the contrary notwithstanding; and all such
orders, authorizations, approvals and locations shall continue

124

General Acts, 1918. — Chap. 153.

Limit of ex-
penditures by
company.

Orders, how
enforced.

Company not
to exceed au-
thorization,
where certain
riehts already
lawfully
exist.

and be in force until annulled or modified by the future
action of said board.

Section 7. No company shall be required in complying
with the provisions of this act to expend an amount or
amounts aggregating more than one per cent of its paid in
capital stock and premiums.

Section 8. All orders issued under the provisions of this
act shall be enforced as provided in section one hundred and
forty-two of chapter seven hunch'ed and forty-two of the
acts of nineteen hundred and fourteen.

Section 9. In case an electric company, pursuant to an
order issued under the provisions of this act, constructs a
line for the transmission of electricity into or tlirough a city
or town in which a company, corporation, municipal lighting
plant or person is lawfully engaged in the manufacture or
sale of electricity, the first-named company shall not thereby
acquire any rights to supply electricity within the limits of
such city or town save for the purpose for which such line is
authorized and ordered as provided in this act; and any
other wires for the transmission of electricity which it shall
thereafter lay, erect, maintain or use over or under the
streets, lanes and highways of such city or town shall be
subject to the provisions of sections one hundred and fifty-
six to one hundred and sixty, inclusive, of said chapter seven
hundred and forty-two.

Section 10. This act shall take effect upon its passage.

Approved April 20, 1918.

Chap. 153 An Act to provide for ascertaining the mental con-
dition OF persons coming before the courts of the
commonwealth.

Be it enacted, etc., as follmvs:

Section 1. In order to determine the mental condition
of any person coming before any court of the commonwealth,
the presiding judge may, in his discretion, request the com-
mission on mental diseases to assign a member of the medical
staff of a state institution under its supervision to make such
examinations as may be deemed necessar>%

Section 2. No fee shall be paid for such examination,
but the examining physician may be reimbursed for his
reasonable travelling expenses.

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

Approved April 20, 1918.

Mental oion-
dition of
persons
coming before
the courts of
the common-
wealth, how
determined.

Examination
without fee,
etc.

General Acts, 1918. — Chap. 154. 125

An Act relative to the distribution of the tax on QJidj^ 154

INCOMES for the YEAR NINETEEN HUNDRED AND EIGHT-
EEN.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and seventeen of the isir, 317(G),
General Acts of nineteen hinich'ed and seventeen is hereby '^"''" "^
amended by inserting after the word ''town", in the third
line, the words: — and to each fire, water, improvement,
light and watch district having the power of taxation, — by
striking out the word "or", where it appears in the fifth
and eighth lines, and substituting in each case a comma, and
by inserting after the word "town", where it appears in the
fifth and eighth lines, in each case the words: — or district,

— and by striking out the words "this act", in the twenty-
first and twenty-second lines, and substituting the words:

— the provisions of chapter two hundred and sixty-nine of
the General Acts of nineteen hundred and sixteen and acts

in amendment thereof, — so as to read as follows : — On or Distribution of
before the fifteenth day of November in the year nineteen for ms "to"""^
hundred and eighteen the treasurer and receiver general shall towns!'"'^
pay to each city or town and to each fire, water, improve-
ment, light and watch district having the power of taxation,
an amount equal to the difi^erence between the amount of the
tax levied upon personal property in such city, town or
district in the year nineteen hundred and sixteen and the
amount, computed by the tax commissioner, that would be
produced by a tax upon the personal property actually
assessed in such city, town or district for the year nineteen
hundred and eighteen at the same rate of taxation as pre-
vailed therein in the year nineteen hundred and sixteen. If
the amount of taxes collected from incomes shall exceed the
sum necessary to make such payments, the balance shall be
distributed among the several cities and towns in proportion
to tlie amount of the state tax inaposed upon each of them
in the year nineteen hundred and eighteen: provided, that Proviso.
of the aforesaid excess the commonwealtli shall retain a sum
sufficient to reimburse it for the expenses mcurred under this
act during the year nineteen hundred and eighteen, and
abated taxes repaid hereunder during that year. In years General court
subsequent to nineteen hundred and eighteen, the taxes cHstrfbu^or
collected under the provisions of chapter two hundred and subsequent to
sixty-nine of the General Acts of nineteen hundred and six-

126

General Acts, 1918. — Chap. 155.

Improvement
and repair of
public ways
in small
towns.

Proviso.

teen and acts in amendment thereof shall be distributed as
the general court may determine.

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

Approved April 20, 1918.

Chap.lbd An Act to provide for the improvement and repair

OF HIGHWAYS IN SMALL TOWNS.

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

Section 1. There may be expended from the treasury
of the commonwealth for the repair and improvement of
public ways, exclusive of state highways, in towns the valua-
tion of which, determined as provided in section four, is less
than three million dollars and in which the amount of such
valuation, divided by the number of miles of such public
ways, hereinafter referred to as the road mileage valuation,
is less than fifty thousand dollars, such sums, not exceeding
fifty dollars per mile, as the general court may from time
to time appropriate therefor: provided, however, that such
towns shall contribute or make available for use in connec-
tion therewith the following graded amounts for each and
every mile of said public ways within their respective
limits : —

Towns having a road mileage valuation of less than five
thousand dollars, twelve dollars and fifty cents.

Towns having a road mileage valuation of five thousand
dollars and less than seven thousand five hundred dollars,
fifteen dollars.

Towns having a road mileage valuation of seven thousand
five hundred dollars and less than ten thousand dollars,
twenty-five dollars.

Towns having a road mileage valuation of ten thousand
dollars and less than fifteen thousand dollars, forty dollars.

Towns havmg a road mileage valuation of fifteen thousand
dollars and less than twenty thousand dollars, fifty dollars.

Towns having a road mileage valuation of twenty thousand
dollars and less than thirty tliousand dollars, seventy-five
dollars.

Towns having a road mileage valuation of thirty thousand
dollars and less than forty thousand dollars, one himdred
dollars.

Towns having a road mileage valuation of forty thousand
dollars and less than fifty thousand dollars, one hundred and
twenty-five dollars.

General Acts, 1918. — Chap. 155. 127

The amounts appropriated as aforesaid and contributed and TOntAbu-^
by the towns shall be expended under the direction of the pended ""^ ^''"
Massachusetts highway connnission on such ways as the
commission and the selectmen of the towns may from time
to time agree upon.

Section 2. The said expenditures shall be made only Expenditures.

, . ••i«ii PI "'^^ made.

upon the written petition ot the selectmen ot the towns, con-
taining such information as the said commission may require.
No work shall be done under this act m any district where
dwelling houses or structures devoted to busmess are situated
at intervals averaging less than two hundred feet for the
distance of a quarter of a mile.

Section 3. The said towns may contract with the said ^ork^c""""^
commission for the performance of the work authorized
hereby; or, if the right to do so is waived by the selectmen,
the commission may have the work done by such persons
and m such manner as it may determine, in which event the
towns shall pay their proportionate part of the expense
when and as ordered by said comjnission. The cost of any
materials, machinery or tools purchased by the commission
for or on account of the work in any particular town shall
be considered as a part of the expenditures in such town
under this act; and such machinery or tools shall be the
property of the commonwealth.

Section 4. Said commission shall from time to time de- Commission to
termine, as nearly as possible, the number of miles of such contrlb'uttons
public ways in towns the valuation of which is less than °^ ^^'^*' ''^""
three million dollars, and shall inform the selectmen of such
towns of tlie contributions required under this act, the valua-
tion of each town to be determmed by the apportionments
made for the collection of state and county taxes.

Section 5. The commission may expend during the Expenditure in
present year, if it deems such expenditure necessary to carry ^^^^'
out the provisions of this act, a sum not exceedmg one hun-
dred thousand dollars, from the receipts of motor vehicle
fees.

Section 6. This act shall take effect upon its passage.

Approved April 20, 1918.

128

General Acts, 1918. — Chap. 156.

1917, 258 (G),
§ 3, amended.

Custody of
prisoners re-
moved to
county indus-
trial farms.

Chap. 15Q An Act relative to the custody of prisoners removed

TO county industrial farms.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and fifty-eight of the
General Acts of nineteen hundred and seventeen is hereby
amended by striking out section three and substituting the
following : — Section 3. On the request of said commis-
sioners, the sheriff of the county shall remove to said farm
such prisoners as in the opinion of the commissioners can
advantageously be employed thereon in carrying out the
purposes and provisions of this act; and on the order of the
said commissioners the sheriff shall return any prisoner to
the jail or house of correction from which he was taken, or
to which he was sentenced. The superintendents of in-
dustrial farms shall have the custody of all prisoners re-
moved thereto, and a prisoner who escapes or attempts to
escape therefrom shall be punished therefor by imprison-
ment in a jail or house of correction for not more than one
year. Permits to be at liberty shall be issued to the inmates
of county industrial farms and revoked in the manner pro-
vided by law for the issuance or revocation of permits to
prisoners in jails and houses of correction.

Section 2. Section four of said chapter two hundred and
fifty-eight is hereby amended by striking out the words
''four and one half", in the fifteenth line, and substituting
the w^ord: • — ^five, — and by inserting after the word "semi-
annually", in the sixteenth line, the words: — except that
during the continuance of the present war and for one year
thereafter the rate of interest may exceed five per cent per
annum when necessary, — so as to read as follows : — Sec-
tion If.. 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 year shall not be
less than the amoimt of the principal of the loan payable in
any subsecj[uent year. Each issue of bonds or notes shall

Permits, how
issued and re-
voked.

1917, 258 (G),
§ 4, amended.

County
of

Industrial
Farm Loan,
Act of 1917.

General Acts, 1918. — Chap. 157. 129

constitute a separate loan. The said bonds or notes shall d^urfnfthe'^^'^^^*
bear interest at a rate not exceeding five per cent per annum, ^"' ®*''-
payable semi-annually, except that during the continuance
of the present war and for one year thereafter the rate of
interest may exceed five per cent per annum when necessary,
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 commis-
sioners may deem proper, but not for less than their par
value, and the proceeds shall be used only for the purposes
above specified.
Section 3. This act shall take effect upon its passage.

Ajyproved April 20, 1918.

An Act to provide for the completion of certain au- (Jfi^j) 157

THORIZED IMPROVEMENTS IN THE METROPOLITAN WATER
W^ORKS.

Be it enacted, etc., as follows:

The treasurer and receiver general, in order to provide for Completion of
the increased cost of constructing a line for the transmission thoHzedTm-
of electricity between the power station at the Wachusett themXo-^'°
dam in Clinton and the power station at the Sudbury dam "^^^^"^^^^"^
in Southborough, to relocate and connect meters for the
measuring of water supplied through the low service to the
metropolitan water district, to construct a 12-inch pipe line
in Poplar street, West Roxbury, and under the Neponset
river, and to install a new pumping engine at the Arlington
pumping station, all of which improvements were authorized
by chapter one hundred and seventy-two of the General
Acts of nineteen hundred and sixteen, shall issue from time
to time, upon the request of the metropolitan water and
sewerage board, bonds in the name and behalf of the com-
monwealth and under its seal, to an amount not exceeding
four thousand dollars, said sum being the amount of the
unexpended balance of six hundred thousand dollars author-
ized by chapter six hundred and ninety-four of the acts of
nineteen hundred and twelve.

Approved April 20, 1918.

130

General Acts, 1918. — Chaps. 158, 159.

Chap,15S An Act to establish the salary or charles w. levi as

DEPUTY bank COMmSSIONER.

Be it enacted, etc., as folhics:
Chafi^^w. rpjjg annual salary of Charles W. Levi as deputy bank

established. commissioUer shall be four thousand dollars.

Approved April 20, 1918.

1913, 633, § 2,
etc., amended.

C/iax>. 159 An Act relative to the labor of prisoners on land

USED FOR agricultural OR DOMESTIC PURPOSES.

Be it enacted, etc., as follows.

Section two of chapter, six hundred and thirty-three of the
acts of nineteen hundred and thirteen, as amended by
chapter one hundred and eighty of the acts of nineteen
hundred and fourteen, and by chapter one hundred and
seventy-seven of the General Acts of nineteen hundred and
fifteen, is hereby further amended by inserting after the
word "land", in the tenth line, the words: — , or land used
for agricultural or domestic purposes, — so as to read as
follows : — Section 2. The county commissioners of any
county may purchase or lease land with funds specifically
appropriated therefor by the general court for the purpose
of improving and cultivating it by the labor of prisoners
from a jail or house of correction; and the said commis-
sioners may also make arrangements with the Massachusetts
highway commission or with the officials of a city or town to
work said prisoners on any highway or unimproved land, or
with a private owner, to improve waste or unused land, or
land used for agricultural or domestic purposes, by means
of such prison labor. When prisoners are so employed they
shall be in the custody of the sheriff' of the county. When
land that is not the property of the county, or is a highway,
is so improved, the owners thereof or those having in charge
the highway shall pay to the county such sums as may be
agreed upon between the county commissioners, sheriff, and
the other parties in interest, for the labor of any prisoners
employed thereon. Approved April 20, 1918.

Counties may
improve and
repair high-
ways, and
cultivate land
for agricultural
purposes with
prison labor.

General Acts, 1918. — Chap. 160. 131

An Act to preserve the civil service standing of Chav. IQO

PERSONS IN the MILITARY OR NAVAL SERVICE OF THE
UNITED STATES.

Be it enacted, etc., as follows:

Section 1. Chapter nineteen of the Revised Laws is R. l. i9, § 25,
hereby amended by striking out section twenty-five and ''™^°
substituting the following: — Section 25. Any person who Reinstatement
resigns from or leaves the classified public service of the pers^sTn the
commonwealth or of any city or town therein or who is pubUc^servioe,
discharged, suspended or granted a leave of absence there- ®*''-
from, for the purpose of serving in the military or naval
service of the United States in time of war, and who so
serves, shall, if he so requests of the appointing authority
within one year after his honorable discharge from such
military or naval service, and if also, within the said time,
he files with the civil service commission the certificate of a
registered physician that he is not physically disabled or
incapacitated for the position, be reappointed or reem-
ployed, without civil service application or examination, in
his former position, provided that the incumbent thereof, proviso.
if any, is a temporary appointee; or, if his former position
has been filled by a permanent appointment, he shall be
employed in a similar position in said department, if a
vacancy exists therein. All appointments hereafter made to Certain
fill vacancies caused by the military or naval service of the poi^nfment^'to
former incumbent shall be temporarj^ only, and Ho tempo- Je^J^emporary
rary appointment heretofore made to fill any such vacancy
shall be made permanent during the present war or until the
expiration of one year thereafter.

Section 2. A person whose name is on any eligible list f^^^^^JIfi^bie
or register of the civil service commission at the time of his Ust, etc.°
entering the military or naval service of the United States
in time of war shall be suspended from such eligible list or
register; but upon his request, made at any time within one
year after his honorable discharge from such service, his
name shall be restored thereto for the remainder of his
period of eligibility, provided that he files with the civil Pfo^so.
service commission the certificate of a registered physician
that he is not physically disabled or incapacitated for the
position. Approved April 23, 1918.

132

General Acts, 1918. — Chaps. 161, 162, 163.

Clerical assist-
ance allowance
for register of
probate and
insolvency,
Suffolk county.

Repeal.

Chap. 161 An Act to provide for clerical service for the

Be it enacted, etc., as follows:

Section 1. The register of probate and insolvency for
the county of Suffolk shall be allowed annually out of the
treasury of the commonwealth for clerical assistance a sum
not exceeding seventy-nme hundred dollars, to be paid
upon the certificate of the register, countersigned by a judge
of probate and insolvency for said county.

Section 2. So much of section twenty-nine of chapter
one hundred and sixty-four of the Revised Laws as provides
for an allowance from the treasury of the commonwealth to
the register of probate of the county of Suffolk, and chapter
three hundred and ninety-six of the acts of nmeteen hundred
and eight are hereby repealed.

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

Approved April 24, 1918.

C/iap. 162 An Act relative to the employment of clerical

ASSISTANCE BY THE TREASURER OF THE COUNTY OF HAMP-
SHIRE.

Be it enacted, etc., as follows:

Section 1. The treasurer of the county of Hampshire
shall be allowed annually from the treasury of the county for
clerical assistance such sum, not exceeding eight hmidred
dollars, as may be approved by the county commissioners of
the county.

Section 2. Chapter one hundred and twenty-two of the
acts of nineteen hundred and eleven, as amended by chapter
four hundred and nineteen of the acts of nineteen hundred
and thirteen, is hereby repealed.

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

Approved April 24, 1918.

Clerical assist-
ance allowance
to treasurer of
Hampshire
county.

Repeal.

C/iap. 163 An Act to enable the trustees of county tuberculosis

HOSPITALS TO PROVIDE FOR THE CARE, MAINTENANCE
AND REPAIR OF SAID HOSPITALS.

Be it enacted, etc., as follows:

tuberculosis Section 1. The provisions of chapter twenty-one, sec-

hospitais made tious fortv-fivc to fifty, inclusivc, of the Revised Laws, and

subject to •/ •/

General Acts, 1918. — Chap. 164. 133

amendments thereof, relative to the supervision and control l^l^]^^ Pf°;^
of county accounts, shall apply to county tuberculosis
hospitals and sanatoria and to the trustees thereof, whether
said hospitals and sanatoria are established under the pro-
visions of chapter ^wo hundred and eighty-six of the General
Acts of nineteen hundred and sixteen and amendments
thereof or under other provisions of law.
Section 2. This act shall take effect upon its passage.

'Approved April 24, 1918.

An Act to establish the salaries of the commissioner ni.„^ a a a

OF STATE AID AND PENSIONS AND CERTAIN OF HIS ASSIST- ^'

ANTS AND TO PROVIDE FOR AN ADDITIONAL CLERK AND
TEMPORARY AGENTS.

Be it enacted, etc., as follows:

Section 1. Section one of chapter five hundred and ^endtd ^ ^'
eighty-seven of the acts of nineteen hundred and fourteen is
hereby amended by striking out the word "twenty-seven",
in tlie twent^'-sixth and twenty-seventh lines, and substi-
tuting the word: — thirty-two, — by striking out the word
"fifteen", in the thirty-first line, and substituting the word:
— eighteen, — by striking out the word "eleven", in the
thirty-fourtli line, and substituting the word : — twelve, —
and by striking out all after the word "year", in the thirty-
seventh Ime, and substituting the words : — three clerks at
salaries of not more than twelve hundred dollars a year
each; and eight agents to be employed during the present
war and for one year following its termination, at salaries of
thirteen hundred dollars a year each, — so as to read as
follows : — Section 1 . The commissioner of state aid and Commissioner

. 1 1 J 1 • • i> ^ , of state aid

pensions, appomted under the provisions oi chapter one and pensions, •
hundred and ninety-two of the acts of the year nmeteen "**^' ^**''
hundred and two, shall perform the duties required of him
under the laws relative to state and military aid. He shall
investigate, so far as the interests of the commonwealth may
require, all pa;yTnents for state and military aid under the
provisions of this act. He shall be a state agent for the
settlement of pensions, bounty and back pay claims of
citizens of this commonwealth against the government of
the United States, shall be allowed his travelling expenses
when it is necessary for him to visit the city of Washington,
and may expend for such purposes and for all other expenses
necessary to the proper performance of his duties such sums

134

General Acts, 1918. — Chap. 165.

Deputy com-
missioner.

Salaries.

Clerks, agents,
etc.

Civil service
laws not to
apply, etc.

as the general court may appropriate. He shall furnish
information, prepare papers and expedite the adjudication
of claims, and assist claimants in proving their cases, and
shall keep a record of the work done in his office and make an
annual report thereof to the general court. The deputy
commissioner appointed under the provisions of said chapter
one hundred and ninety-two shall be subject to the direction
and control of the commissioner. In case the commissioner
is temporarily absent or unable from any cause to perform
the duties of his office, the deputy shall perform the duties
of the commissioner until such absence or disability ceases.
The commissioner shall receive an annual salary of thirty-
two hundred dollars, and the deputy commissioner shall
receive an annual salary of twenty-three hundred dollars,
and each shall devote his whole time to the duties of his
office. The commissioner may appoint a chief clerk at
a salary of eighteen hundred dollars a year, one agent at a
salary of fourteen hundred dollars a year, one agent at
a salary of thirteen hundred dollars a year, one agent at a
salary of twelve hundred dollars a year, one special agent at
a salary of nine hundred dollars a year, one clerk at a salary
of twelve hundred dollars a year, one clerk at a salary of
one thousand dollars a year, three clerks at salaries of not
more than twelve hundred dollars a year each; and eight
agents to be employed during the present war and for one
year following its termination, at salaries of thirteen hundred
dollars a year each.

Section 2. The offices hereby established shall not be
subject to the civil service laws.

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

Approved April 24, 1918.

Chav.lQ5 ^ Act to provide for the reconstruction of the
BRrooE over cohasset narrows between the towns

OF WAREHAM AND BOURNE.

Be it enacted, etc., as follows:

Section 1 . The county commissioners of the counties of
Barnstable and Plymouth are hereby constituted a com-
mission to be called the Cohasset Narrows Bridge Commis-
sion. The said commission is hereby authorized, subject to
the provisions of chapter ninety-six of the Revised Laws and
the amendments thereof and additions thereto, to recon-
struct the existing highway bridge across Cohasset Narrows,

Cohasset Nar-
rows Bridge
Commission,
established.

General Acts, 1918. — Chap. 165. 135

so-called, between the towns of Wareham and Bourne, and
to alter or relocate the approaches thereto or, if the com-
mission shall determine that the bridge so reconstructed ;
would not adequately serve public necessity and convenience,
to construct a new bridge across said narrows in a new
location, and to lay out and construct the approaches thereto, j
and upon the completion of the new bridge and approaches
to discontinue the existing approaches and remove the
existing bridge. The existing bridge may be reconstructed
or the new bridge built with or without a draw therein, as
the commission on waterways and public lands shall approve.

Sectiok 2. The said commission shall, before making a Public hear-
final determination upon the matter of the reconstruction or eti!' °°*'*^''^'
relocation of said bridge and approaches^ hold a public hear-
ing in respect to the same and shall cause notice of the time
and place appointed for such hearing to be posted in two
public places in each of the to\ms of Bourne and Wareham,
and to be advertised three weeks successively in such news-
paper or newspapers published within said counties of
Barnstable and Plymouth as it shall order; the posting and
last publication to be fourteen days at least before the
hearing.

Section 3. Said commission shall, after a hearing as Determination

p .1 1 1 1 j_ • J • • -A • • ' as to relocation

aforesaid, make such determination as m its opinion is re- of bridge, etc.
quired by public necessity and convenience with respect to
the reconstruction or relocation of said bridge and approaches,
and if it shall determine that the bridge shall be reconstructed
shall specify the manner in which it shall be reconstructed;
and if it shall determine that a new bridge shall be con-
structed shall specif}' the place where and the manner in
which the new bridge shall be constructed, and if in its
opinion it is necessary that any change be made in the
location of the bridge or of the existing approaches thereto,
it may take such lands as are necessary for the bridge and
approaches, and may, without further notice lay out, re-
locate, alter, discontinue or order specific repairs upon such
bridge and approaches in accordance with the laws relating
to the laying out, relocation, alteration and discontinuance
of highways and to specific repairs thereon.

Section 4. Said commission shall estimate the damages Damages to
to property sustained by any person by the laying out, re- detCTmmed"^
location, alteration or discontinuance of said bridge and etc.
approaches or by specific repairs thereon, and any person
aggrieved by the estimate of his damages may have the

136

General Acts, 1918. — Chap. 165.

Payment of
damages, etc.

Employment
of experts,
labor, etc.

Contracts to
be in writing,
etc.

Certain pro-
posals to be
advertised, etc.

same determined by a jury upon a petition filed in the
superior court for the county in which the land taken or
injured lies, withiji one year from the time when the land is
entered upon and possession is taken, in case of the taking
of land, and in case of injury to land, within one year after
the work of constructing or reconstructing said bridge or
approaches has actually been begun by said commission.
Said commission shall order said damages to be paid out of
the fund created under section six of this act; but in case
the same shall prove insufficient each of said counties shall
be liable for one half of the damages so estimated or de-
termined. In all other respects all general laws relating to
the determination and payment of damages for the laying
out, relocation, alteration or discontinuance of highways
and for specific repairs thereon shall be applicable to damages
recoverable under this section so far as they are consistent
with this act.

Section 5. The commission may employ such technical
or professional experts as it deems necessary to carry out the
provisions of this act. The commission shall obtain the
necessary labor and materials for carrying out said pro-
visions by contracts with such persons or corporations as it
may select. All contracts shall be in writing, signed by a
majority of the commission, and recorded in its records, and
every person or corporation contracting with the commis-
sion shall give the commission a suitable bond or shall de-
posit with it money or other security for the faithful per-
formance of the contract. No such contract shall be altered
or added to, except by written agreement, signed by a ma-
jority of the commission and by the contractor and the
sureties on his bond. No contract made in violation of the
provisions of this section shall be valid against either of the
counties aforesaid, and no payment thereon shall be made
by the treasurer of either of the said counties. If any pro-
posed contract involves the payment of more than eight
hundred dollars, it shall not be made until notice for pro-
posals therefor has been posted in a conspicuous place in the
county court house of each of the said counties for at least
one week, and has been advertised at least three times in a
newspaper published in each county. The commission shall,
in every case, make and file with the treasurer of each county
a certificate under oath of such publication and posting. All
proposals shall be opened publicly in the presence of a
majority of the commission, and recorded in its records.

General Acts, 1918. — Chap. 165. 137

Section 6. The expenses incurred under this act shall be Expenses, how
borne in equal proportions by the said counties of Barnstable °'^^^'
and Plymouth. For the purpose of carrying out the pro-
visions of this act and for paying damages awarded here-
under, the county commissioners of each county shall borrow
on behalf of their county such sum as may be determined
by the commission to be necessary to pay its share of said
expenses, and are accordingly hereby authorized to issue
from time to time bonds or notes of their county, not ex-
ceeding such sum, and the bonds or notes so issued shall be
the obligation of the county issuing the same. Each au-
thorized issue of bonds or notes shall constitute a separate
loan. The said bonds or notes shall bear on their face the
name of the county of which they are the obligation, and
the words, Cohasset Narrows Bridge Loan, Act of 1918, Narrows Brid e
shall be payable by such annual payments, beginning not Loan, Act of
more than one year after the date thereof, as will extinguish
the loan within ten years from its date; and the amount of
such annual payment of the principal 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 such a rate as may be approved
by the treasurer of the county issuing the same, with the
approval of the commissioners of said county, and each
bond or note shall be signed by the treasurer of the county
of which it is the obligation and countersigned by a ma-
jority of the commissioners of the county. The county
commissioners may sell the said securities of their respective
counties at public or private sale, upon such terms and
conditions as they may deem proper, but not for less than
their par value, and the proceeds shall be used only for the
purposes specified herein.

Section 7. The proceeds of the sale of said bonds and bon^^'etc^
notes and all other funds coming into the hands of said how deposited.
commission under this act shall be deposited by it with the
treasurer of either of said counties in such proportions as it
may from time to time determine, and the official bond of
each county treasurer shall be applicable to the funds so
deposited with him, and each treasurer shall make payments
from time to time upon the order of said commission, from
the funds so deposited on account of expenses incurred and
damages awarded under this act.

Section 8. The commission may at any time, prior to Agreement as
its determination with respect to the manner in which the way tricks'

138

General Acts, 1918. — Chap. 166.

Construction,
etc., to begin
within five
years, etc.

Compensation
of commis-
sion.

Record of
completion of
bridge, main-
tenance,
repairs, etc.

u^n bridge, hudge sliall be constructed, enter into an agreement witH
any street railway company lawfully maintaiaiing its tracks
over said narrows by means of a bridge, for the construction
and maintenance of its tracks upon the bridge constructed
or reconstructed under this act, and for the payment of such
proportion of the cost of the construction or reconstruction
and maintenance of the bridge by such street railway com-
pany and its successors and assigns as shall mutually be
agreed upon.

Section 9. The authority granted by this act shall cease
and determine unless the work of constructing or recon-
structing said bridge or approaches is actually begun within
five years from the enactment hereof; but this provision
shall not affect the validity of any payments made or
obligations incurred prior to the expiration of said period.

Section 10. The members of said commission shall
receive such compensation for their services as shall be de-
termined by the governor and council.

Section 11. When the construction or reconstruction of
said bridge and approaches has been completed to the satis-
faction of the commission, it shall cause to be entered upon
its records a statement that said work has been completed
and that said bridge and approaches are open for public
travel, and notice thereof shall be sent to the selectmen of
the towns of Bourne and Wareham; and thereafter so much
of said bridge and approaches as lies within the town of
Bourne shall be mamtained and kept in repair by the town
of Bourne; and so much of said bridge and approaches as
lies within the town of Wareham shall be maintained and
kept in repair by the town of Wareham.

Section 12. This act shall take effect upon its passage.

AjJj^roved April 24, 1918.

C/iap. 166 An Act to increase the salary of the messenger of

THE COURTS OF PROBATE AND INSOLVENCY FOR THE
COUNTY OF MIDDLESEX.

Be it enacted, etc., as follows:

Section 1. Section thirty-five of chapter one hundred
and sixty-four of the Revised Laws, as amended by section
one of chapter two hundred and fifty-three of the General
Acts of nineteen hundred and seventeen, is hereby further
amended by striking out the word "seventeen", in the
tenth line, and substituting the word : — nineteen, — so as

R. L. 164, § .3.5,
etc., amended.

General Acts, 1918. — Chap. 167. 139

to read as follows: — Section 35. The judges of probate and ^^^^^^^^^ ^f
insolvency for the county of Middlesex may appoint a probate and
messenger for the courts of probate and insolvency for said Middlesex'
county, may at any time remove hun for a cause which is Fncreasel!^ ^'^^
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 nineteen
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.

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

Approved April 24, 1918.

Chap.m7

An Act to authorize an exchange of land by the
mount tom state reservation commission.

Be it enacted, etc., as follows:

Section 1. The Mount Tom state reservation commis- Mount Tom
sion, established by chapter two hundred and sixty-four of t^on^'commls-
the acts of nineteen hundred and three, is hereby authorized fo°eichan°e"^^'^
to sell to Patrick J. Kennedy, Junior, of Holyoke, for such certain land
price as the commission shall determine, to be paid into the
treasury of the commonwealth, in so far as the price shall
consist of money, a certain tract of land situated in Holyoke
on the highway leading from Holyoke to Northampton, and
bounded and described as follows: Beginning at the point
of intersection of the southeast corner of land of said Kennedy
and said highway, thence running westerly along land of
said Kennedy four hundred feet; thence southerly on a line
parallel with said highway one hundred and fifty feet;
thence easterly four hundred feet, more or less, on a line
parallel with the first described line, to the point of inter-
section with said highway; thence northerly along said
highway one hundred and fifty feet, more or less, to the
point of beginning: provided, however, that said Kennedy, as Proviso.
part of the purchase price of the above described tract, shall
convey to the commonwealth, to be held by the commission
in accordance with the provisions of said chapter two .hun-

140

General Acts, 1918. — Chaps. 168, 169.

dred and sixty-four, and acts in amendment thereof or in
addition thereto, a certain tract of land situated in Holyoke
on said highway leading from Holyoke to Northampton,
owned by said Kennedy, and bounded and described as
follows: Beginning at the point of intersection of the north-
east corner of land of said Kennedy and said highway,
thence running westerly along land of the IMount Tom state
reservation, nine hundred and seven and fiv^e tenths feet,
more or less; thence running southerly on a line parallel
with said highway sixty feet; thence running easterly to a
point on said highway which is twenty feet south of the
point of beginning; thence northerly along said highway
twenty feet to the point of beginning.
Section 2. This act shall take effect upon its passage.

Approved April 24, 1918.

C/^ap. 168 An Act relative to the appointment of women as

SPECIAL POLICE OFFICERS.

Be it enacted, etc., a^ follows:

Section 1. Chapter five hundred and ten of the acts of
nineteen hundred and fourteen is hereby amended by striking
out section one and substituting the following: — Section 1.
The mayor or the police conmaissioner or commissioners, or
the board of police of a city, or the selectmen of a town may
appoint one or more women as special police officers, who
shall have, within the limits of such city or town, all the
powers conferred by law upon constables, except in relation
to the service of civil process, and all the powers conferred
upon the police as watchmen.

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

Approved April 24, 1918.

1914, 510, § 1,
amended.

Women may
be appointed
special police
officers.

C/iap. 169 An Act relative to the grading and branding of

APPLES.

Be it enacted, etc., as foUoivs:

Section 1. Chapter two hundred and sixty-one of the
General Acts of nineteen hundred and fifteen, as amended
in section three by section two of chapter sLxty-three of the
General Acts of nineteen hundred and sixteen, is hereby
further amended by striking out said section three and
Designation of substitutiug the followiug: — Sectioji 3. The marks indi-
ofapp^ief '"^®'* eating the grade, as above prescribed, shall not be accom-

1915, 261 (G),
§ 3, etc.,
amended.

General Acts, 1918. — Chap. 170. 141

panied by any other designation of grade or brand which is
inconsistent with or marked more conspicuously on the
package than the mark or marks required by section five of
this act.

Section 2. Section fourteen of said chapter two hundred '^/|' f^^g^ded
and sixty-one is hereby amended by striking out the word
'^'one", in the tenth Hne, and substituting the word: —
two, — so as td read as follows : — Section 14- Any person Penalties.
who adulterates or misbrands apples within the meaning of
this act, or who packs, repacks, sells, distributes, or offers or
exposes for sale or distribution, apples in violation of any
provision of this act, or who wilfully alters, effaces or re-
moves, or causes to be altered, effaced or removed, wholly or
partly, any brands or marks required to be put upon any
closed package under the provisions of this act, shall be
punished by a fine not exceeding fifty dollars for the first
offence, and by a fine not exceeding two hundred dollars for
each subsequent offence.

Section 3. Said chapter two hundred and sixty-one, as 1915. 261 (o.
amended by said chapter sixty-three, is hereby further ^^''" ^®°'^''*^-
amended by adding thereto the following new sections: —
Section 17. Apples shipped in the course of interstate com- interstate
merce and packed and branded in accordance with the pro- Tm^^n^ ^^
visions of the act of congress approved August third, nine-
teen hundred and twelve, and known as ''The United States
Apple Grading Law", shall be exempt from the provisions of
this act. Section 18. The secretary of the state board of Kr"^^"*
agriculture and his duly authorized agent shall have au-
thority to enforce the provisions of this act and to prosecute
all violations thereof.

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

Approved April 24, 1918.

An Act relative to the classification and grading of Chap. 170

MILK.

Be it enacted, etc., as follows:

Section three of chapter two hundred and fifty-six of the 1917, 256 (G),
General Acts of nineteen hundred and seventeen is hereby ' '^^^
amended by striking out the word "two", in the sixth line,
and substituting the word: — one, — so as to read as fol-
lows : — Section 3. The board of health of any city or town, Boards of
upon application of any person, firm, association or corpora- m1!k.
tion, desiring to sell or exchange milk therein as "Grade A,

142

General Acts, 1918. — Chap. 171.

Permit for
"Grade A".

Revocation of
permit.

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 one 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
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, Massachu-
setts Milk". Any permit so issued may, at any time, be re-
voked upon ^^Titten 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.

Approved April 24, 1918.

1903, 437, § 60,
amended.

Chap.171 An Act relative to the liability of officers of de-
linquent FOREIGN corporations.

Be it enacted, etc., as follows:

Section sixty of chapter four hundred and thirty-seven of
the acts of nineteen hundred and three is hereby amended
by striking out all after the word "sixty-six", in the thirty-
first line, down to and including the word "dollars", in the
thirty-third line, and substituting the words : — who au-
thorizes or transacts, and every agent thereof who transacts
business in behalf of such corporation in this common-
wealth, shall, for such failure, be liable to a fine of not more
than five hundred dollars, and shall also be liable, jointly
and severally, in an action of contract, without prior pro-
ceedings against the corporation, for all debts and contracts
of the corporation, except such as relate to interstate com-
merce, contracted or entered iuto within the commonwealth
or for the purpose of being performed therein, so long as
such failure continues, — so as to read as follows: — Section
60. Every foreign corporation, of the classes described in
section fifty-eight, before transacting business in this com-
monwealth, shall, upon payment of the fee hereinafter pro-
vided, file with the commissioner of corporations a copy of
its charter, articles or certificate of incorporation, certified
under the seal of the state or country in which such cor-
poration is incorporated by the secretary of state thereof or

Foreign cor-
porations to
file copy of
charter, by-
laws, certifi-
cate, etc., with
commissioner
of corporations.

General Acts, 1918. — Chap. 172. 143

by the officer having charge of the original record therein, a
true copy of its by-laws, and a certificate in such form as the
commissioner of corporations may require, setting forth (a)
the name of the corporation; (6) the location of its principal
office; (c) the names and the addresses of its president,
treasurer, clerk or secretary and of the members of its board
of directors; (d) the date of its annual meeting for the elec-
tion of officers; (e) the amount of its capital stock, au-
thorized and issued, the number and par value of its shares,
the amount paid in thereon to its treasurer, and, if any
part of such payment has been made otherwise than in
money, of the details of such payment, so far as practicable,
in accordance with the provisions of section eleven. Said
certificate shall be subscribed and sworn to by its president,
treasurer and by a majority of its directors or officers having
the powers usuallv exercised bv directors. The officers and Penalties, etc ,

,. i> 1 " • "^1 II 1 1 . 1 on officers and

directors or such corporation shall be subject to the same directors.
penalties and liabilities for false and fraudulent statements
and returns as officers and directors of a domestic corpora-
tion subject to this act. Every officer of such a corporation
which fails to comply with the requirements of this section
and of sections fifty-eight and sixty-six, who authorizes or
transacts, and every agent thereof who transacts business in
behalf of such corporation in this commonwealth, shall, for
such failure, be liable to a fine of not more than five hun-
dred dollars, and shall also be liable, jointly and severally,
in an action of contract, without prior proceedings against
the corporation, for all debts and contracts of the corpora-
tion, except such as relate to interstate commerce, con-
tracted or entered into within the commonwealth or for the
purpose of being performed therein, so long as such failure
continues. Such failure shall not aftect the validity of any validity of

, , • , 1 1 ,• T_x J.' ini • contracts not

contract with such corporation, but no action shall be mam- affected, etc.
tained or recovery had in any of the courts of this common-
wealth by any such foreign corporation so long as it fails to
comply with the requirements of said sections.

Approved April 24, 1918.

An Act relative to pensions for certain scrubwomen nhnj) 179

EMPLOYED BY THE COUNTY OF SUFFOLK.

Be it enacted, etc., as follows:

Section 1. Scrubwomen who have been employed con- Pensions for
tinuously for fifteen years by the county of Suffolk and are

certain scrub-
women em-

144

General Acts, 1918. — Chaps. 173, 174.

ployed by
Suffolk county.

Time of taking
effect.

incapacitated for further service, and scrubwomen who have
been so employed and have attained the age of sixty years,
shall be entitled to retire with a pension of six dollars a
week, payable by said county.

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 April 24, 1918.

[Accepted May 15, 19:8.]

Justices and
clerks of
certain police,
district and
municipal
courts, re-
adjustment of
salaries.

Chap. 173 An Act relative to the salaries of the justices^ and

CLERKS OF certain POLICE, DISTRICT AND MUNICIPAL
COURTS.

Be it enacted, etc., as foUoics:

Section 1. The salaries of the justices, clerks and assist-
ant clerks of the district, police and municipal courts whose
judicial districts were enlarged by the provisions of chapter
three hundred and two of the General Acts of nineteen hun-
dred and seventeen, and the classes into which said courts
are distributed under the provisions of chapter four hundred
and fifty-three of the acts of nineteen hundred and four and
the amendments thereof, shall be readjusted, by the officer
paying said salaries, so as to correspond with the classes and
salaries prescribed by said chapter four hundred and fifty-
three and the amendments thereof. The readjustment shall
be made as of October first, nineteen hundred and seventeen,
and all increases of salary hereunder shall take effect as of
that date.

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

Approved April 26, 1918.

Readjustment
as of October
1, 1917.

Chap. VI 4: An Act to provide for the construction of fishways

ON THE MERRIMACK RIVER AT LAWRENCE AND LOWELL.

Be it enacted, etc., as follows:

Section 1. The board of commissioners on fisheries and
game acting under the powers now vested in them by law
in relation to fishways are hereby directed, during the current
year, to provide, re-establish or construct suitable and
sufficient fishways on the INIerrimack river at Lawrence and
Lowell.

Section 2. The damage and expense incurred here-
under shall, in accordance with the provisions of law and of
this act, be borne by the owners of the dams located at said

Construction
of fishways on
Merrimack
river at
Lawrence and
Lowell.

Damage and
expense, how
borne.

paired.

General Acts, 1918. — Chap. 175. 145

points on said river; but the said commissioners are hereby
authorized to enter into an agreement with the owners of
said dams whereby such portion, if any, of the said damage
or expense as the commissioners may deem equitable, shall
be assumed and paid by the commonwealth.

Section 3. Said commissioners are hereby authorized to Expenses to be
expend from the treasury of the commonwealth, for the st!ite tr°eTsury
purpose of carrying out the provisions of this act, a sum not tribJtk)™s?°°"
exceeding ten thousand dollars in addition to any smn that
may be contributed for said purpose by any individual,
association or municipality. All receipts and expenditures
made hereunder shall be set forth in the succeeding annual
report of said commissioners.

Section 4. Nothing contained in this act and no action Certain rights

• • -1 or FGIUGCilCS

of the commissioners hereunder shall be construed as a not to be im-
waiver or release on the part of the conmionwealth of its
right to compel the owners of said dams to construct and
maintain said fishways, nor shall anything in this act, nor
any action of the connnissioners hereunder, be so construed
as to impair the legal rights or remedies of any person or
corporation.
Section 5. This act shall take effect upon its passage.

Approved April 26, 1918.

An Act to regulate the distribution of case books Cjidj) 175

AND technical REPORTS PUBLISHED AT THE PUBLIC
EXPENSE.

Be it enacted, etc., as follows:

Section 1. Case books and technical reports published Distribution of

1 IT 1 II 1 !• -1 1 I • I 1 certain state

at the public expense shall be distributed exclusively by the publications
secretary of the commonwealth. Such publications shall be "^"^^
distributed free of charge, but only upon written request, to
such persons and in such numbers as are mentioned in sec-
tion eight of chapter nine of the Revised Laws, and amend-
ments thereof, or for the purpose of exchange with other
states. They may be delivered to persons not mentioned in SeUing price,
said section eight only upon receipt of a sum equal at least mined!'^^'^'
to the estimated cost as determined by the auditor.

Section 2. The supervisor of administration shall de- Supervisor of
termine when a report shall be considered a case book or a t^io™™ dedde
technical report within the meaning of this act. From his to^a°ct^ Ippeai"
decision, an appeal shall lie to the governor and council, as ^'^°'^ decision.

146 General Acts, 1918. — Chaps. 176, 177.

provided in section five of chapter two hundred and ninety-
six of the General Acts of nineteen hundred and sixteen.
Section 3. This act shall take effect upon its passage.

Approved April 26, 1918.

Chap. 17 Q An Act relative to the disposal of funds and interest

THEREON OF PATIENTS IN CERTAIN STATE INSTITUTIONS.

Be it enacted, etc., as follows:

^ndran/ Section 1. Thc Superintendents of institutions under the

interest thereon supcrvision of thc coiiunission On mental diseases are hereby

of patients in ^ . . . . . , ."^

certain state authorizcd to dcposit ui any bank or trust company within
the commonwealth funds belonging to patients, and funds
deposited by relatives or friends of patients to be used for
the benefit of such patients, in an account entitled " Patients'
Funds". Interest earned on said funds shall, within thirty
days after having been credited to said account, be paid
into the treasury of the commonwealth and credited to
general revenue.
Section 2. This act shall take effect upon its passage.

Approved April 26, 1918.

Chap. 177 An Act to authorize the metropolitan water and

SEWERAGE BOARD TO PROVIDE AN ADDITIONAL WATER
supply for the TOWNS OF WATERTOWN AND BELMONT.

Be it enacted, etc., as follows:

wftl'r'^uppiy Section 1. The metropolitan water and sewerage board

l^nd^'lBTmo^X is hereby authorized to provide an additional water supply

from the southern high service of the metropolitan water

system for the towns of Watertown and Belmont, and to

construct such mains, pipe lines, conduits and works as

may be necessary therefor.

Jssue^of bonds SECTION 2. To meet expenses incurred hereunder, the

penses, etc. treasurer and receiver general shall, from time to time, issue,

upon the request of said board, bonds in the name and

behalf of the commonwealth to an amount not exceeding

one hundred and fifteen thousand dollars in addition to the

sum of forty-two million seven hundred and ninety-eight

thousand dollars authorized by chapter four hundred and

eighty-eight of the acts of eighteen hundred and ninety-five

and acts in amendment thereof and in addition thereto, and

General Acts, 1918. — Chaps. 178, 179. 147

the provisions of said chapter and acts shall apply to the
loan hereby authorized.

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

Approved April 26, 1918.

An Act relative to the salaries of clerks of certain f /^^^ 17c

POLICE, DISTRICT AND MUNICIPAL COURTS AND OF THE ^'

BOSTON JUVENILE COURT.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and forty of the 1917, 340 (o.
General Acts of nineteen hundred and seventeen is hereby ^ ^' ^'"®'^'^^'^-
amended by inserting after the word "courts", in the second
line, the words: — and of the Boston juvenile court, — and
by striking out the words " and the first and second district
courts of Barnstable", in the third and fourth lines, so as to
read as follows : — Section 1 . The salaries of the clerks of Salaries of
police, district and municipal courts, and of the Boston certain courts
juvenile court, except the municipal court of the city of '^^ '^
Boston, shall be equal to three fourths of the salaries re-
ceived by the justices of their respective courts.

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

Appromd April 26, 1918.

An Act granting the consent of the commonwealth pi -.^q

to the acquisition by the UNITED STATES OF GREAT ^^^'
BREWSTER AND MIDDLE BREWSTER ISLANDS IN BOSTON
HARBOR.

Be it enacted, etc., as folloivs:

Section 1. The consent of the commonwealth of Massa- united states
chusetts is hereby granted to the United States of America J^^Vn^gJandg
to acquire by purchase or condemnation Great Brewster and in Boston
Middle Brewster islands in Boston harbor, the same to be
used for the purposes of national defense.

Section 2. Jurisdiction over the said islands is hereby certain juris-
granted and ceded to the United States, but upon the express by'jlhe com-'^*^'^
condition that this commonwealth shall retain concurrent monweaith.
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 under the authority of this common-
wealth, against any person or persons charged with, crimes

148

General Acts, 1918. — Chaps. 180, 181.

committed without the said islands, may be executed thereon
in the same manner as though this consent and cession had
not been granted. Approved April 26, 1918.

R. L. 81, § 20,
amended.

Support and
burial of
indigent
persons.

C/iap. 180 An Act relative to the support and burial of indigent

PERSONS.

Be it enacted, etc., as folloivs:

Chapter eighty-one of the Revised Laws is hereby amended
by striking out section twenty and substituting the follow-
ing : — Section 20. The overseers of the poor of each place
shall also relieve and support and may employ all poor
persons residing or found therein, having no lawful settle-
ments within this commonwealth, until their removal to the
state infirmary, and if they die shall decently bury them.
They shall also decently bury all deceased persons who,
although without means of support while living, did not
apply for public relief, and all unknown persons found dead.
The expense thereof may be recovered of their kindred, if
any, chargeable by law for their support in the manner
hereinbefore provided; and if the expense of their burial is
not paid by such kindred, an amount not exceeding thirty
dollars for the funeral expenses of each pauper over twelve
years of age, and not exceeding fifteen dollars for the funeral
expenses of each pauper under that age, shall be paid by the
conmionwealth : provided, however, that the overseers of the
poor file with each claim an affidavit of the undertaker
stating the amount received from the city or town, and
further stating that he has not received and will not accept
money for such funeral expenses from any other source.

Approved April 26, 1918.

Proviso.

ChAip.\S\ An Act designating the Mayflower as the floral

emblem of the commonwealth.

Be it enacted, etc., as follows:

Section 1. The maj^ower (epegsea repens) is hereby
' designated the state flower or floral emblem of the common-
wealth of Massachusetts,
Section 2. This act shall take effect upon its passage.

Approved May 1, 1918.

State flower
designated.

.General Acts, 1918. — Chaps. 182, 183. 149

An Act to provide further for the protection of the C hap. 1S2

PUBLIC HEALTH IN THE VALLEY OF NEPONSET RIVER.

Be it enacted, etc., as follows:

Section 1. In addition to the sums authorized to be Protection of
expended by chapter six hundred and fifty-five of the acts Pn"the vaitey
of nineteen hundred and eleven, chapter ninety-one of the rfve!-^^"'^^*
resolves of nineteen hundred and thirteen, chapter one
hundred and forty-three of the resolves of nineteen hundred
and fourteen, chapter ninety-three of the resolves of nineteen
hundred and fifteen, chapter one hundred and forty-six of
the resolves of nineteen hundred and sixteen, and chapter
two hundred and sixty-five of the General Acts of nineteen
hundred and sixteen, a further sum, not exceeding seven
thousand dollars, may be expended under the direction of
the state department of health for the purpose of carrying
out the provisions of the acts above mentioned relative to
the protection of the public health in the valley of Neponset
river. The expense incurred under this act shall be paid f^f^e^^J** °^
and repaid in accordance with the provisions of section five
of said chapter six hundred and fifty-five.

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

Approved May 2, 1918.

An Act relative to the burial of indigent soldiers r^hf.^. ico
and of their wives, widows or dependent mothers.

Be it enacted, etc., as follows:

Section 1. Chapter five hundred and eighty-seven of e?c*' amended
the acts of nineteen hundred and fourteen, as amended by
chapter one hundred and ninety-one of the General Acts of
nineteen hundred and sixteen, is hereby further amended
by striking out section seventeen and substituting the
following: — Section 17. The mayor of each city and the Burial of indi-
selectmen of each town or, in Boston, the soldiers' relief |t°!lndof^'
commissioner, shall designate a burial agent, who shall not widoJI'orde-
be one of the overseers of the poor or be emploved bv them, pendent
and who shall, under regulations established by the com-
missioner of state aid and pensions, cause properly to be
interred the body of any honorably discharged soldier,
sailor or marine who served in the army or navy of the
United States during the war of the rebellion, or during the
war between tlie United States and Spain or the Philippine

150 General Acts, 1918. — Chap. 184.

insurrection after the fourteenth day of February, in the
year eighteen hundred and ninety-eight and prior to the
fourth day of July in the year nineteen hundred and two, or
in the Mexican insurrection of nineteen hundred and sixteen
and of nineteen hundred and seventeen, or in the present
Proviso. war with Germany, provided that the soldier, sailor or

marine dies in such service or after an honorable discharge
therefrom, and the body of his wife, widow or dependent
mother, and the bodies of such army nurses as are entitled
to state aid under section three of this act, if they die without
sufficient means to defray funeral expenses; but no wife or
widow of any soldier, sailor or marine of the civil war shall
be entitled to the benefits of this section unless she was
married to him prior to the twenty-seventh day of June in
the year eighteen hundred and ninety, and no wife or widow
of any soldier, sailor or marine of the Spanish war, or the
Philippine insurrection, unless she was married to him prior
to the first day of January in the year nineteen hundred and
ten; and no wife or widow of any soldier, sailor or marine
of the Mexican insurrection or of the present war with
Germany unless she was married to him prior to his final
Certification discharge from such service. If an interment has taken
takes place placc without the kuowlcdgc of the burial agent, application
edge'of buri^ ' may be made to him within thirty days after the date of the
agent, etc. death, or after final interment if the soldier, sailor or marine
dies in the German war service, and if upon investigation he
shall find that the deceased was within the provisions of this
section and the rules of the commissioner of state aid and
pensions, he may certify the same as provided in the follow-
ing section.
Section 2. This act shall take effect upon its passage.

Approved May 2, 1918.

Chap. 1S4: An Act relative to the taxation op insurance

COMPANIES.

Be it enacted, etc., as follows:

Part' III '§33 Section 1. Part III of chapter four hundred and ninety
etc., amended, of the acts of nineteen hundred and nine, as amended in
section thirty-three by chapter two hundred and twenty-
seven of the General Acts of nineteen hundred and sixteen
and by chapter ninety-seven of the General Acts of nineteen
hundred and seventeen, is hereby further amended by striking
out section thirty-three and substituting the following: —

General Acts, 1918. — Chap. 184. 151

Section 33. In determining the amount of the tax payable Taxation of

, ,1 n !• ^' II 111 mutual liability

under the nve precedmg sections, all unused balances on insurance com-
notes taken for premiums on open policies, all sums paid uom?' ^ "''"
for return premimns on cancelled policies, and all sums
actually paid either to other domestic insurance companies
or to the agents of foreign companies for re-insurance on
risks, the premiums on which, but for such re-insurance,
would be liable to taxation, shall, in each case, be deducted
from the full amount of premiums and assessments; but no
deduction shall be allowed of sums paid for re-insurance
effected 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 insurance companies taxable under the pro-
visions of said sections the amount of all unabsorbed premium
deposits actually returned or credited to policy-holders
during the year for which the tax is determined: provided, Provisos.
however, that no such deduction shall be made except in the
case of domestic mutual companies with a guaranty capital
or permanent fund previously subject to a corporate fran-
chise tax, 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 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
premimn tax upon like insurance companies chartered by
this commonwealth, or upon their agents, when doing
business therein.

Section 2. Section twenty-eight of Part III of said pjfr^t m.' § 28,
chapter four hundred and ninety is hereby amended by amended,
striking out the words "and except companies liable to
taxation on their corporate franchise under the provisions of
this part", in the third, fourth and fifth lines, and by insert-
ing after the word "premiums", in the sixth and ninth
lines, the words: — charged or, — so as to read as follows:
— Section 28. A domestic fire, marine, fire and marine. Excise tax on
real estate title and other insurance company, except life etc."o"cMtain
insurance companies, shall annually pay a tax or excise of suSnce com-
one per cent on all premiums charged or received for insurance pa^^ies.

152

General Acts, 1918. — Chap. 184.

Exemptions.

1909, 490,
Part III, § 31,
amended.

Taxation of
fire, marine
and other com-
panies created
under foreign
governments.

Proviso.

Evidence of
deposit of
securities.

1909, 490,
Part III, § 34,
etc., amended.

Filing of
returns of in-
surance com-
panies, associa-
tions or part-
nerships with
the tax com-
missioner.

during the preceding year whether in cash or in notes abso-
lutely payable, and one per cent on all assessments made by
such company upon policy-holders; but premiums charged
or received in other states where they are subject to a like
tax shall not be so assessed.

Section 3. Section thirty-one of Part III of said chapter
four hundred and ninety is hereby amended by inserting
after the word "charged", in the seventh line, the words: —
or received, — -and by inserting after the Avord "or", in the
eighth line, the words: — received or,- — so as to read as
follows: — Section 31. Every fire, marine, fire and marine,
and other insurance company, association or partnership,
including associations formed upon the plan known as
Lloyds, incorporated or associated under the laws of any
government or state other than one of the United States,
shall annually pay a tax of four per cent upon all premiums
charged or received on contracts made in this common-
wealth for insurance, or received or collected by agents in
this commonwealth: provided, that when the tax commis-
sioner is satisfied that any such company has, during the
whole term for which the tax is to be assessed, kept on de-
posit with the insurance or other department of any state of
the United States, or in the hands of trustees, resident in
and citizens of such states, for the general benefit and se-
curity of all policy-holders residing in the United States,
securities approved by the insurance commissioner of the
value of two hundred thousand dollars, which have been at
all times available for the payment of losses in this common-
wealth, the tax upon the premiums of such company shall
be assessed at the rate of two per cent. The certificate of
the insurance commissioner may be received by the tax
commissioner as sufficient evidence that such securities have
been so deposited.

Section 4. Part III of said chapter four hundred and
ninety, as amended in section thirty-four by section one of
chapter one hmidred and four of the General Acts of nineteen
hundred and seventeen, is hereby further amended by
striking out said section thirty-four and substituting the
following : — Section SJf.. Every company liable to taxation
under the provisions of sections twenty-eight to thirty-two,
inclusive, 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

General Acts, 1918. — Chap. 184. 153

premiums charged or received, and the assessments collected
by it during the year ending on the preceding thirty-first day
of December. Every foreign company, association or
partnership, including associations formed upon the plan
known as Lloyds, authorized to do busmess in the common-
wealth, shall annually, during the montli of January, 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 havmg knowledge of the facts, of the amount
insured by it upon property or interests in this common-
wealth, and the premimns and assessments upon such
insurance charged or received 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 Tax commis-
commissioner may extend the time within which any such ex°tend'Sme
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 company, as-
sociation 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.

Section 5. Section forty of Part III of said chapter four 1909, 490.
hundred and nmety, as amended by section six of chapter fta^ameidtd.
one hundred and ninety-eight of the acts of nmeteen hundred
and fourteen, and as affected by chapter two hundred and
eighty-one of the General Acts of nineteen hundred and
sixteen, is hereby further amended by inserting after the
word "part", in the fifth line, the words: — and except
insurance companies with capital stock and mutual insurance
companies with a guaranty capital or permanent fund
whose premiums are otherwise taxable under the provisions
of this part, — and by striking out all after the word " re-
turn", in the seventy-fifth line down to and including the
word "commonwealth", in the eightieth line, so as to read
as follows: — Section, Ifi. Every corporation organized filing of
under the general or special laws of the commonwealth for with tax
purposes of business or profit, having a capital stock divided
into shares, except banks, whose shares are otherwise taxable
under the provisions of this part, and except insurance com-
panies with capital stock and mutual insurance companies
with a guaranty capital or permanent fund whose premiums
are otherwise taxable under the provisions of this part, in
addition to all returns required by its charter, and in addition

commissioner.

154

General Acts, 1918. — Chap. 184.

Capital stock,
authorized, etc.

Detailed
statement of
real estate, etc.

List of share-
holders, resi-
dences, etc.

to all returns otherwise required under the provisions of this
part, shall annually, between the first and tenth days of
April, make a return to the tax commissioner, under oath of
its treasurer, stating the name of the corporation, its place
of business, and setting forth as of the first day of April of
the year in which the return is made: —

First. The total authorized amount of the capital stock
of the corporation; the amount issued and outstanding and
the amount then paid thereon; the classes, if any, into
which it is divided; the par value and number of its shares;
the market value of the shares of its stock, or of each class
of its stock, if there are two or more classes.

Second. A statement in such detail as the tax commis-
sioner may require of the works, structures, real estate,
machinery, poles, underground conduits, wires and pipes,
and of the merchandise and other assets belonging to the
corporation, with the value thereof, and of the liabilities of
the corporation; and in the case of domestic business cor-
porations a statement of such assets as are without the com-
monwealth. Except in the case of domestic business cor-
porations the returns required by this section shall also
contain, in a form prescribed by the tax commissioner, a
statement of the profit or loss which has resulted from the
business of the corporation for the twelve months ending
with the thirty-first day of December next preceding the
year in which the return is made.

Third. A complete list of the shareholders of the cor-
poration, their residences, the amount and class of stock,
if more than one, belonging to each. If stock is held as
collateral security, the list shall state the name and residence
of the pledgor and of the pledgee. Railroad corporations
and telegraph, street railway, and electric railroad companies,
whether chartered or organized in this commonwealth or
elsewhere, shall also state in their return the whole length of
their lines and so much of the length of their lines as is
without the commonwealth ; electric railroad companies shall
also return so much of their line as is constructed on private
land; street railway and electric railroad companies shall
also state in their return the length of track operated by
them in each city or town on the thirty-first day of March
preceding the return, to be determined by measuring as
single track the total length of all tracks operated by them,
including sidings and turn-outs, whether owned or leased by
them or over which they have trackage rights only, and the

General Acts, 1918. — Chap. 184. 155

amount of dividends paid on their capital stock during the
year ending on the thirtieth day of September preceding
the return, and during each year from the organization of the
company. Telephone companies organized under the general
or special laws of this commonwealth, and manufacturing,
owning, using, selling or licensing others to use telephones or
other apparatus or appliances pertaining thereto wholly or
partly witliin this commonwealth, and all such companies
incorporated without the commonwealth for the purpose of
establishing, owning or licensing others to use such tele-
phones, apparatus or appliances, but having in use within
it any of their lines or telephones, shall also state in their
return, in such form as the tax commissioner may require,
the facts necessary to ascertain the deductions authorized
by the following section. Such domestic companies may Domestic com-
annually, between the first and tenth days of April, make a annual return
return to the tax commissioner, signed and sworn to by whkhh^vf °^''^
their president, treasurer and clerk, specifying the amount ^c.jo^r'preced-
and market value of all stocks in other corporations held by i^s year, etc.
them upon which a tax has been assessed and actually paid
either in this or in any other state for the year preceding the
date of said return; and the books, accounts and papers of
such corporations shall be examined by the tax commissioner
so far as may be necessary for the verification of said return.
Other corporations required to make a return under the pro- Ret^^n of
visions of this section shall also state therein the amount, Sf^'o^tsfle'^
value and location of all works, structures, real estate, Massachusetts,
machinery, poles, underground conduits, wires and pipes
owned by them and subject to local taxation without the
commonwealth. Such return shall be filed with the tax
commissioner. In the case of domestic business corporations
the whole of said return, and in the case of other corpora-
tions so much of said return as relates to the profit or loss
which has resulted from the business of the corporation shall
be open only to the inspection of the tax commissioner, his inspection of
deputy, clerks and assistants, and such other officers of the restdcted.
commonwealth as may have occasion to inspect it for the
purpose of assessing or collecting taxes.

Section 6. Section forty-one of Part III of said chapter 1909, 490.
four hundred and ninety as amended by chapter two hundred ftc^* am^Jdtd.
and seventy of the acts of nineteen hundred and ten, by
chapter four hundred and ninety-one of the acts of nineteen
hundred and twelve, by section six of chapter one hundred
and ninety-eight of the acts of nineteen hundred and four-

156 General Acts, 1918. — Chap. 184.

teen and by chapter thirty-four of the General Acts of nine-
Paragraph tccn hundred and fifteen is hereby further amended by
sentence "^^ Striking out the first sentence of the paragraph designated

stricken out. ''"Pif+Vi"

Part m.' § 18, Section 7. Section eighteen of Part III of said chapter
etc., amended, four hundred and ninety, as amended by section two of
chapter one hundred and ninety-eight of the acts of nineteen
hundred and fourteen, is hereby further amended by striking
out the words "or of any insurance company hable to taxa-
tion under the provisions of section forty-three", in the
sixth, seventh and eighth fines, by striking out the words
"or insurance company", in the ninth fine, and by striking
out the words ", institution for savings or insurance com-
pany", in the thirteenth fine, and substituting the words: —
or institution for savings, — so as to read as fofiows: —
Deduction of Sectlon 18. The amount actuafiy 'paid into the treasury of
by savings the commonwcalth annuafiy, under the provisions of this
part, on account of shares in banks, which on the first day of
April are the absolute property of any savings bank or
institution for savings liable to taxation under the pro^•isions
of section twenty-one, shall be deducted from the taxes of
such savings bank at the next payment by them to the
commonwealth after the collection of the taxes on such bank
shares. The tax commissioner may require a statement of
all shares so owned by any savings banlv or institution for
savings, in a form appro\-ed by him and signed and sworn to
by the treasurer or like financial officer thereof. He shall,
from such statement and other evidence and subject to
appeal by such corporation, as herein provided in similar
cases, determine the amounts to be deducted, and certify
the same to the treasurer and receiver general upon the
final determination thereof; but the amount so to be de-
ducted from the tax payable by any savings bank or institu-
tion for savings shall not, in any year, exceed the amount
of the tax assessed on account of that portion of its deposits
invested in shares in banks.
Repeal. SECTION 8. Scctiou fifty-three of Part III of said chapter

four hundred and ninety is hereby repealed.
Section 9. This act shall take effect upon its passage.

A'p'proved May 2, 1918.

General Acts, 1918. — Chap. 185. 157

An Act authorizing cities and towns to fill by tempo- Chap.lSd

RARY appointment THE PLACES OF MUNICIPAL OFFICERS
ENGAGED IN MILITARY OR NAVAL SERVICE.

Be it enacted, etc., as follows:

Section 1. The mayor of any city, and the majority ^*?n|^f en
of a board composed of the selectmen, clerk and treasurer of by temporary

, . , , , , J, • 1 j» appointment

any town, may, durmg the present war and tor a period or the places of
six months after the end thereof, as fixed by federal au- offi^ere^engaged
thority, appoint a citizen of the city or town to perform the Ifava/seTv^ice^
duties of any municipal officer, including the officers above
mentioned or any member of a municipal board or com-
mission, who is absent in the military or naval service of the
United States. The person so appointed shall have the
powers and duties, shall be subject to the obligations, and
shall receive the compensation which pertain to the office to
which he is appointed. Subject to the provisions of chapter
two hundred and fifty-four of the General Acts of nineteen
hundred and seventeen, compensation shall not be paid to
absent officers whose places are filled by appointments made
hereunder. Subject to the provisions of section two, tempo-
rary officers of a city appointed as aforesaid shall serve until
the return of the absent officer, or until the expiration of the
term for which he was chosen. Subject to the provisions of
section two, temporary officers of a town appointed as afore-
said shall serve until the return of the absent officer, or until
the date of the next annual town meeting. If the term of
the absent toxMi officer does not expire on or before the date
of the said meeting a temporars^ officer shall be nominated
and elected by the to\vn in the manner provided by law for
filling the said office, provided that the office is an elective
one. If the office be an appointive one, it shall be filled by
a temporary appointment made by the appointing authority
elected at the said meeting or elected prior thereto and
continuing in office thereafter. The temporary officer so
chosen shall serve until the return of the absent officer, or
until the expiration of the term of the absent officer. Ap- Appointments
pointments made hereunder shall not be subject to the ci^*ifse''rvf4*°
civil service laws or regulations, and may be revoked at any ifons"'^ ^eguia-
time by the appointing authority.

Section 2. In case of the death of the absent officer, or when tempo-
of his removal from the city or town of which he was an SentThSi"*'
officer, or of his permanent incapacitation for the duties of *^®^®®' ^^'''

158

General Acts, 1918. — Chap. 186.

his oflBce, the powers, duties and compensation of the person
temporarily appointed shall cease, and the vacancy in the
office shall be filled in the manner provided by law.
Section 3. This act shall take effect upon its passage.

Approved May 2, 1918.

1903, 456,

§ 1, amended.

Apportion-
ment, etc., of
income of
Massachusetts
School Fund,
etc.

Chap. 18Q An Act eelative to the distribution of the hiassa-

CHUSETTS school FUND.

Be it enacted, etc., as follows:

Section 1. Chapter four hundred and fifty-six of the
acts of nineteen hundred and three is hereby amended by
striking out section one and substituting the following: —
Section 1. The annual income of the Massachusetts School
Fund shall, without specific appropriation, be apportioned
and distributed for the support of the public schools in the
following manner: — Every town which complies with all
laws relative to the distribution of said income and whose
valuation of real and personal property, as shown by the
last preceding assessors' valuation thereof, exclusive of
omitted assessments, as provided by section eighty-five of
Part I of chapter four hundred and ninety of the acts of
nineteen hundred and nine, as amended by chapter eighty-
nine of the acts of nineteen hundred and eleven, does not
exceed one half million dollars, shall annually receive five
hundred dollars; but if its rate of taxation for any year shall
be eighteen dollars or more on a thousand dollars it shall
receive seventy-five dollars additional; every such town
whose valuation is more than one half million dollars and
does not exceed one million dollars shall receive three hun-
dred dollars; and every such town whose valuation is more
than one million dollars and does not exceed two million
dollars shall receive one hundred and fifty dollars; and
every town whose valuation is more than two million dollars
and does not exceed two and one half million dollars shall
receive seventy-five dollars. The remainder of said income
shall be distributed to towns whose valuation does not exceed
two and one half million dollars and whose annual expendi-
ture from the proceeds of local taxation for the support of
public schools is not less than one sixth of their annual
expenditure from the proceeds of local taxation for all town
purposes, as follows: — Every to'vm. whose annual expendi-
ture from the proceeds of local taxation for the support of
public schools is not less than one third of its annual expendi-

General Acts, 1918. — Chap. 187. 159

ture from the proceeds of local taxation for all town purposes
shall receive a proportion of said remainder expressed by
one third; every to^^^^ whose annual expenditure from the
proceeds of local taxation for the support of public schools is
not less than one fourth of its annual expenditure from the
proceeds of local taxation for all town purposes shall receive
a proportion ex-pressed by one fourth; every town whose
annual expenditure from the proceeds of local taxation for
the support of public schools is not less than one fifth of its
annual expenditure from the proceeds of local taxation for
all town purposes shall receive a proportion expressed by
one fifth; and every town whose annual expenditure from
the proceeds of local taxation for the support of public
schools is not less than one sixth of its annual expenditure
from the proceeds of local taxation for all town purposes
shall receive a proportion expressed by one sixth. All
money appropriated for other educational purposes, unless
otherwise provided for, shall be paid from the treasury of
the commonwealth. An annual report setting forth the Annual report
information required for the distribution provided for in this board^'ofleTu-^
section shall be filed by the school committee with the board '^^*'°°' ^^'^'
of education on or before the first day of February, and any
town failing to file such report by the fifteenth day of Febru-
ary shall forfeit its right to participate in the distribution of
the income which has accrued during the last preceding year.

Section 2. Section two of said chapter four hundred and f2°\mended.
fifty-six is hereby amended by striking out the words
"twenty-fifth day of January", in the sixth line, and substi-
tuting the words: — tenth day of March, — so as to read as
follows : — Section 2. The income of said fund which has To be appor-
accrued on the thirty-first day of December in each year annually.
shall be apportioned by the commissioners of the Massa-
chusetts School Fund in the manner provided for by section
one of this act, and shall be paid to the several to\vns on the
tenth day of March thereafter. Ayproved May 2, 1918.

Chap. 187

An Act to extend the time within which certain
counties shall provide hospital care for consump-
TIVE patients.

Be it enacted, etc., as folloics:

Section 1, Section one of chapter two hundred and |^/\^^end^d
eighty-six of the General Acts of nineteen hundred and
sixteen is hereby amended by striking out the word "eight-

160

General Acts, 1918. — Chap. 187.

Certain coun-
ties to provide
tuberculosis
hospitals for
certain cities
and towns.

Time when
available, etc.

1916, 286 (G),
§ 2, etc.,
amended.

Making of con-
tracts for sup-
plying hospital
facilities for
consumptives.

een", in the last line, and substituting the word: — nine-
teen, — so as to read as follows: — Section 1. The county
commissioners of each county in the commonwealth, except
Suffolk, Nantucket and Dukes County, are hereby authorized
and directed to provide adequate hospital care for all those
persons residing in cities or towms having less than fifty
thousand population, as determined by the latest United
States census, within the boundaries of their respective
counties and suffering from consumption, who are in need of
such hospital care and for whom adequate hospital provision
does not already exist. The said hospital provision shall be
available for patients on or before the first day of January,
nineteen hundred and eighteen; but if, in order to comply
with the provisions of this section, it is necessar\^ for any
county to construct a new building at an expense exceeding
ten thousand dollars, including any necessary payment for
land, or to make substantial additions to or alterations in
an existing building at an expense exceeding ten thousand
dollars, such new construction, addition or alteration need
not be completed until the first day of September, nineteen
hundred and nineteen.

Section 2. Section two of said chapter two hundred and
eighty-six, as amended by chapter two hundred and fifty-one
of the General Acts of nineteen hundred and seventeen, is
hereby further amended by striking out the word ^'eighteen",
in the second hne, and substituting the word: — nineteen,
— so as to read as follows: — Section 2. A contract entered
into before April first of the year nineteen hundred and
nineteen 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 commis-
sioners 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 institution, or the trustees of any fund available
for the purpose of supplying hospital facilities for persons
suffering from consumption, for the express purpose of supply-
ing, within a reasonable time as provided in the conditions
of approval of the state department of health, and guarantee-
ing adequate hospital provision for consumptives coming

General Acts, 1918. — Chap. 188. 161

under the provisions 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
department of health, be renewable upon such terms as shall
be satisfactory to the contracting parties: yronded, however, Proviso,
that if such contracts are not renewed and approved by the
state department of health at least nine months before their
expiration, or if the contracts are renewed and the state
department of health shall refuse approval on the ground
that by reason of changed circiunstances 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 ap-
proved 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.

Approved May 2, 1918.

An Act relative to the duties and liabilities of Chap. 1S8

MEMBERS OF THE STATE GUARD.

Be it enacted, etc., as follows:

Section 1. The home guard organized under the pro- Home guard,
visions of chapter one hundred and forty-eight of the General torttte guard.
Acts of nineteen hundred and seventeen shall hereafter be
known as the state guard.

Section 2. Chapter one hundred and forty-eight of the i9i7, i48 (co,
General Acts of nineteen hundred and seventeen is hereby •'*'"'^"
amended by striking out section two and substituting the
following: — Section 2. The state guard may be of such Duties and
numerical strength, and shall be so organized, maintained, membeSof
officered, armed and equipped, and enlisted for, or disbanded ^*'^*«euard.
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 state guard shall perform such duties as shall be pre-
scribed by order of the commander-in-chief, and all members
of the state guard shall have and exercise throughout the
commonwealth all the powers of constables, police officers

162

General Acts, 1918. — Chap. 189.

Compensation, and watchmcn, except the service of civil process. The
compensation of officers and men of the state guard, when
called by executive order for service and while on such
service, shall be fixed by the commander-in-chief, and shall
in no event exceed the compensation of officers and men of
the national guard of like grade. No officer or man in the
state guard shall be liable, either civilly or criminally, for
any injury to persons or property caused by him or by his
order while he is acting in obedience to and in execution of
orders received by him from the person or persons and in
the manner prescribed by sections twenty-five and twenty-
six of chapter three hundred and twenty-seven of the General
Acts of nineteen hundred and seventeen, unless the act or
order causing the injury was manifestly beyond the scope of
authority of such officer or soldier.

Approved May 2, 1918.

Chap. 1S9 An Act relative to the publication of annual

REPORTS OF STATE OFFICIALS AND DEPARTMENTS.

Be it enacted, etc., as foUoios:

Section 1. All reports required by law to be made by
permanent state officers, departments, boards and institu-
tions shall, except as otherwise provided, be printed annually
before the assembling of the general court or as soon there-
after as possible. Except for facts or information specifically
required by law, said reports shall be a brief summary of
the year's work, together with recommendations for the
succeeding year. They shall be numbered in a series to be
called public documents. The supervisor of administration
shall designate the number of each report to be printed, and
no additional copies shall be printed at the expense of the
commonwealth. The auditor shall not approve any bill for
printing incurred in violation of this section.

Section 2. Section seven of chapter nine of the Revised
Laws, chapter two hundred and sixty-nine of the acts of
nineteen hundred and two, chapter three hundred and
ninety of the acts of nineteen hundred and three, chapters
three hundred and eighty-eight and four hundred and ten
of the acts of nineteen hundred and four, chapters one hun-
dred and thirty-eight and two hundred and seventy-five of
the acts of nineteen hundred and five, chapter four hundred
and forty-four, sections two and three of chapter four hun-
dred and fifty-nine and five hundred and twenty-three of the

Supervisor of
administration
to designate
number of
annual reports
of state officials
and depart-
ments to be
printed.

Repeal

General Acts, 1918. — Chap. 190. 163

acts of nineteen hundred and eight, chapters eighty-three,
two hundred and thirty-six, section two of chapter four
hundred and twenty-nine and section one of chapter five
hundred and fourteen of the acts of nineteen hundred and
ten, chapters seventy-four and four hundred and forty-six
of the acts of nineteen hundred and eleven, chapters one
hundred and thirty-two and three hundred and fifty-eight of
the acts of nineteen hundred and thirteen, section two of
chapter ninety-one, section two of chapter two hundred and
ninety-one, and chapter five hundred and seventy-five of the
acts of nineteen hundred and fourteen, chapter one hundred
and forty-nine of the General Acts of nineteen huncbed and
fifteen and section two of chapter two hundred and thirty-
three of the General Acts of nineteen hundred and sixteen
are hereby repealed, and so much of section five of chapter Repeal as
four hundred and sixty-two of the acts of nineteen hundred number to be
and eight, section three of chapter three hundred and seventy- P"nted.
one of the acts of nineteen hundred and nine, section two of
chapter five hundred and twenty-six of the acts of nineteen
hundred and eleven, section one of chapter two hundred and
ninety-five of the acts of nineteen hundred and thirteen,
section four of chapter six hundred and eight of the acts of
nineteen hundred and twelve as amended by section one of
chapter three hundred and twenty-nine of the acts of nine-
teen hundred and thirteen and section one of chapter two
hundred and ninety-one of the acts of nineteen hundred and
fourteen as relate to the number of copies of reports to be
printed are hereby repealed.
Section 3. This act shall take effect upon its passage.

Approved May 3, 1918.

An Act relative to interest on unpaid taxes. Cliav 190

Be it enacted, etc., as follows:

Section 1. Part I of chapter four hundred and ninety 1909,490,
of the acts of nineteen hundred and nine, as amended in ftc^inlnded.
section seventy-one by section one of chapter six hundred
and eighty-eight of the acts of nineteen hundred and thirteen,
by section twent}'-one of chapter tw^o hundred and thirty-
seven of the General Acts of nineteen hundred and fifteen,
and by chapter one hundred and three of the General Acts
of nineteen hundred and sixteen, is hereby further amended
by striking out said section seventy-one and substituting the

164 General Acts, 1918. — Chap. 191.

to^and^n- followiiig: — Sectiou 71. Taxes shall be payable in every
terest thereon, ^.j^y ^j^^j towii aiicl ill every fire, water, watch or improve-
ment district in which the same are assessed, and bills for
the same shall be sent out, not later than the fifteenth day
of October of each year, imless by vote, ordinance or by-
law of the city, town or district, an earlier date of payment
is fixed. On all taxes remaining impaid after the expiration
of seventeen days from said October fifteenth or after such
longer time as may be fixed by any city, town or district
which fixes an earlier date for payment, but not exceeding
thirty days from such earlier date, interest shall be paid at
the rate of six per cent per annum, computed from the date
on which they become payable; but if, in any case, the tax
bill is sent out later than the day prescribed, interest shall be
computed only from the expiration of such seventeen days
or said longer time. In no case shall interest be added to
taxes paid prior to the expiration of seventeen days from the
date when they are payable, nor shall taxes be payable at
par, except as hereinafter provided, after the first day of
November of the year in which they are due. Bills for taxes
assessed under the provisions of section eighty-five of Part
I of said chapter four hundred and ninety shall be sent out
not later than December twenty-sixth, and said taxes shall
be payable not later than December thirty-first. If re-
maining unpaid after that date, interest shall be paid at the
rate above specified, computed from December thirty-first
until the day of payment, but if, in any case, the tax bill is
sent out later than December twenty-sixth, interest shall be
computed from the fifteenth day of January next following.
In all cases where interest is payable it shall be added to and
become a part of the tax.
Section 2. This act shall take effect upon its passage.

Approved May 3, 1918.

C/iai). 191 An Act to provide for an additional legacy and

SUCCESSION tax.

Be it enacted, etc., as follows:

Additional leg- Section 1. All property subject to a legacy and succes-
c^siont^r sion tax under the provisions of section one of chapter five
hundred and sixty-three of the acts of nineteen hundred and
seven, codified as section one of Part IV of chapter four
hundred and ninety of the acts of nineteen hundred and
nine, as amended by section one of chapter two hundred and
sixty-eight of the General Acts of nineteen hundred and

General Acts, 1918. — Chaps. 192, 193. 165

sixteen, and of any further amendments thereof or additions
thereto, shall be subject to an additional tax of twenty-five
per cent of all taxes imposed thereon by the said acts. All
provisions of law relative to the determination, certification,
payment, collection and abatement of such legacy and
succession taxes shall apply to the additional tax imposed
by this act.

Section 2. This act shall take effect upon its passage, Application
but it shall apply only to property or interests therein °
passing or accruing upon the death of persons who die
subsequent to the passage hereof and within one year there-
after. Approved May 3, 1918.

An Act relative to deductions from the pay op em- Chav. 1^2

PLOYEES BECAUSE OF TARDINESS.

Be it enacted, etc., as follows:

Section 1. There shall not be deducted from the wages Deductions
of an employee in any factory, workshop, manufacturing, empioy^ees"
mechanical or mercantile establishment, or from the wages ^oTk"^ ^^^ ^
of a mechanic, workman or laborer, on account of the em-
ployee's coming late to work, a sum in excess of the pro-
portionate wage which would have been earned during the
time actually lost.

Section 2. Violation of any provision of this act shall Penalty.
be punished by a fine of not more than fifty dollars for each
offence. Approved May 3, 1918.

An Act relative to the authority of the state (7/iap.l93
nursery inspector, in respect to importation of
nursery stock.

Be it enacted, etc., as follows:

Section twelve of chapter five hundred and seven of the 1012, soy, § 12,
acts of nineteen hundred and twelve is hereby amended by
inserting after the word "agriculture", in the second line,
the words : — after a duly advertised public hearing with
notice to interested parties, — and by striking out the
words "not already present in this state", in the seventh
and eighth lines, and substituting the words : — , or is liable
to act as a carrier of insect pests or diseases, — so as to read
as follows: — Section 12. The state nursery inspector, wath ^"^sta'te^"^
the approval of the secretary of the state board of agriculture, nursery in-

P,, , .. ii«i • •! • • specter relative

alter a duly advertised public hearing with notice to inter- to importation
ested parties, may prohibit for such periods and under such stock. ^

166 General Acts, 1918. — Chaps. 194, 195, 196.

conditions as in his judgment may seem necessary, the
dehvery within the state of nursery stock from any other
state, province or country when in his opinion such nursery
stock is Hable to be infested with insect pests or diseases, or
is liable to act as a carrier of insect pests or diseases. He,
with the approval of the secretary of the state board of
agriculture, shall have power to prescribe such general re-
quirements as may be needed to carry out the provisions of
this act, and may publish information about such insects and
diseases as are concerned in this act.

Ajjproved May 3, 1918.

Chap. 194: An Act to increase the salary of the present offi-
cer IN attendance on the municipal court of the

BRIGHTON DISTRICT OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:
san^OTn'^an- SECTION 1. B. Franklin vSanborn, the officer in attend-
" tebifhed ^^^^^ ^^ ^^^ municipal court of the Brighton district of the
city of Boston, shall receive an annual salary of twelve
hundred dollars, to be so allowed from the first day of Jan-
uary, nineteen hundred and eighteen.
JflSt "^ *'*^°^ Section 2. This act shall take effect upon its acceptance
by the city council of the city of Boston, witli the approval
of the mayor. Approved May 3, 1918.

[Accepted, May 15, 1918.]

Chap. 195 An Act to increase the salary of the messenger of

THE MUNICIPAL COURT OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Messenger, SECTION 1. The anuual Salary of the messenger of the

ipal court," '" municipal court of the city of Boston shall be nineteen

estawished. huudrcd dollars.

Time of taking SECTION 2. This act sliall take cffcct upou its acccptaucc
by the city council of the city of Boston, with the approval
of the mayor. Approved May 3, 1918,

[Accepted, May 15, 1918.)

Chap. 19Q An Act to authorize domestic corporations to make

CERTAIN contributions IN TIME OF WAR.

Be it enacted, etc., as follows:
Certain do- Section 1. Evcry domcstic corporation or association

mestic corpora- • t p />i i*j.i j." Pxi

tions may orgamzcd for profit may, during the continuance oi the war.

General Acts, 1918. — Chaps. 197, 198. 167

by vote of a majority in interest of the stockliolders or make certain
shareholders present and voting at a meeting called for that during present
purpose, authorize the directors or trustees to contribute *^'^"
from time to time for the relief, aid and comfort of the
armed forces of the United States an amount not exceeding
in the aggregate during any fiscal year five per cent of the
net profits of the corporation or association for the preceding
year: provided, however, that, if any stockliolder or share- Proviso.
holder at or prior to such meeting shall file with the clerk
his written objection to such action, the corporation or
association shall retain out of its contribution an amount
equal to the interest of such stockholder or shareholder
therein, and shall pay over the same, on demand, to him at
any time within six months after the balance of the contri-
bution shall have been paid.
Section 2. This act shall take effect upon its passage.

Approved May 7, 1918.

An Act to establish a ^^NIMUM salary for certain (JJiq^j) 197

PUBLIC SCHOOL TEACHERS.

Be it enacted, etc., as follows:

On and after the first day of January, nineteen hundred Mininmmsai-
and nineteen, the compensation of every teacher employed public school
in any public day school in the commonwealth, except eltabiTshed.
persons in training and those employed as temporary substi-
tutes, shall be at the rate of not less than five hundred and
fifty dollars for the school year in that school: provided, Proviso.
hoivever, that this act shall not apply to any town whose
taxable valuation does not exceed one million dollars.

Approved May 10, 1918.

An Act relative to high school education in towns nh„^ iqq

OF LESS THAN FIVE HUNDRED FAMILIES AND TO STATE
AID THEREFOR.

Be it enacted, etc., as follows:

Section 1. For the purposes of this act a "high school" de^JSj^"***^'"
is defined as that part of the school system which furnishes
instruction in addition to that offered in the first eight
grades and other than vocational instruction which is directly
aided by the commonwealth.

Section 2. If a town of less than five hundred families. Reimbursement
according to the latest census, state or national, maintains a tCwns main-
public high school, it shall, subject to the provisions of section high*"fh^h!."'

168

General Acts, 1918. — Chap. 198.

Payment of
tuition of pu-

Eils attending
igh school of
another city or
town, etc.

Transporta-
tion.

Approval of
high schools
by board of
education, etc.

Board of edu-
cation to issue
certificate, if
school commit-
tee refuses.

Average ex-
penditure by
town for reim-
bursement, etc.

six hereof, be reimbursed annually from the treasury of the
commonwealth a sum, not exceeding one thousand two
hundred and fifty dollars, determined as follows: for a
principal and for each teacher devoting full time to the high
school, two hundred and fifty dollars; for a principal and
for each teacher devoting part time to the high school, a
part of two hundred and fifty dollars proportional to the
amount of time devoted to the high school. But no town
shall receive money from the commonwealth under the pro-
visions of this section unless its high school is approved by
the board of education.

Section 3. If a town of less than five hundred families,
according to the latest census, state or national, does not
maintain a public high school offering four years of instruc-
tion, it shall pay the tuition of any pupil who resides in that
town and obtains from the school committee of the town a
certificate to attend a high school of another city or town
included in the list of high schools approved for this purpose
by the board of education. Such a town shall also, through
its school committee, provide, when it is necessary, for the
transportation of such a pupil, but the town is not hereby
required to, but may, expend more than one dollar and fifty
cents per week for transportation during the time of actual
attendance of the pupil. The board of education shall ap-
prove the high schools which may be attended by such
pupils, and it may, for this purpose, approve a public high
school in an adjoining state. Whenever, in the judgment of
the board of education, it is exj^edient that such a pupil shall
board in the town in which he attends high school, the town
may, through the school committee, pay toward the board
of that pupil, in lieu of transportation, such sum as the
school committee may determine.

If the school committee refuses to issue a certificate as
aforesaid, application may be made to the board of education,
which, if it finds that the educational needs of the pupil in
question are not reasonably provided for, may issue a certifi-
cate having the same force and effect as though issued by
the school committee. The application shall be filed with
the superintendent of schools of the town, and by him
transmitted forthwith to the board of education with a
report of the facts relative thereto.

Section 4. If the expenditure per thousand dollars valua-
tion from the proceeds of local taxation for the support of
public schools, made by any town of less than five hundred

General Acts, 1918. — Chap. 198. 169

families, for the three town fiscal years preceding any school
year, averaged more than four and not more than five dollars,
the town shall be reimbursed from the treasury of the com-
monwealth one half of the amount that it paid for that
school year, in accordance with section three, for the trans-
portation of pupils to high schools of other cities or towns,
or for board in lieu thereof; if said average was more than
five and not more than six dollars the town shall be reim-
bursed three fourths of the amount that it paid in accordance
with section three for transportation, or for board in lieu
thereof; and if said average was more than six dollars, the
town shall be reimbursed the whole amount that it paid in
accordance with section three for transportation, or for
board in lieu thereof; but reimbursement by the state for Limit for
expenditures for transportation, or for board in lieu thereof, or^board'^of'""
shall not be based on any amounts in excess of one dollar and p^p''^-
fifty cents per week of actual attendance of any pupil, and
all expenditures for transportation upon which state reim-
bursement is to be based shall be subject to approval by the
board of education.
Section 5. If the valuation of a town of less than five valuation basis

iTin-i-p,!, HI T for reim burse-

hundred lamihes tor the town fiscal year precednig any ment.

school year does not exceed five hundred thousand dollars,
the town shall be reimbursed from the treasury of the com-
monwealth, subject to the provisions of section six hereof,
for the whole amount that it paid for that school year in
accordance with section three hereof for the tuition of pupils
attending high schools in other cities or towns; if said valua-
tion exceeds five hundred thousand dollars but does not ex-
ceed one million dollars, the town shall be reimbursed three
fourths of the amount that it paid for such tuition; and if
said valuation exceeds one million dollars, it shall be reim-
bursed one half the amount that it paid for such tuition.
Section 6. No town shall receive any reimbursement Reimburse-

. , . , 1111 • • ment to certain

from the treasury or the commonwealth under the provisions towns, how
of sections two and five of this act if the valuation of the ®*'™'°^ ■
town for the town fiscal year preceding the school year for
which such reimbursement is to be made, divided by the
average membership of its public schools for the school year
preceding the school year for which such reimbursement is
to be made, exceeds the corresponding quotient for the com-
monwealth.

Section 7. If the school committee of a town of less Reimburse-
than five hundred families, not maintaining a public high SructionoT

170

General Acts, 1918. — Chap. 199.

p^jPiij'^ysi-^ school offering four years of instruction, provides for the
instruction of a pupil who by reason of physical disability is
unable to attend a high school in another city or town, and
if the arrangement is approved by the board of education,
the town shall be reimbursed from the treasury of the com-
monwealth for such expenditure under the same conditions
and to the same amount that it would have received reim-
bursement for the tuition of such a pupil in the high school
of another city or town, and for his transportation thereto.
But such reimbursement shall not be based on any amounts
in excess of one hundred dollars per year in lieu of tuition,
and one dollar and fifty cents per week of actual instruction
in lieu of transportation.

Repeal. Section 8. Scction three of chapter forty-two of the

Revised Laws, as amended by chapter four hundred and
thirty-three of the acts of nineteen hundred and two, by
chapter five hundred and thirty-seven of the acts of nineteen
hundred and eleven, and by chapter three hundred and
ninety-six of the acts of nineteen hmidred and thirteen, and
chapters two hundred of the acts of nineteen hundred and
six, and four hmidred and twenty-seven of the acts of nine-
teen hundred and eight, are hereby repealed.

Time of taking SECTION 9. This act shall take effect on the first day of

effect, and ap- , i i i i • i i ii i

plication of the January, nmeteen hundred and nineteen, and shall apply to
expenses for high school education incurred on and after
September first, nineteen hundred and eighteen.

Approved May 10, 1918.

Chap. 199 An Act to provide that bail or deposits forfeited in

CASES OF illegitimacy MAY BE APPLIED TO THE SUPPORT
OF THE CHILD.

Be it enacted, etc., as follows:

Chapter five hundred and sixty-three of the acts of nine-
teen hundred and thirteen is hereby amended by inserting
Bail or deposits ^ftcr scctiou scvcu the following new section : — Section 8.
If money is forfeited or recovered upon a recognizance or
deposit in lieu thereof in proceedings under this act, the
court in which such proceedings are pending may order such
money paid to the probation officer and expended by him,
under the direction of the court, for the support of the child.

Approved May 10, 1918.

1913, 563,
amended

forfeited in
cases of illegit-
imacy may be
applied to
support of
child.

General Acts, 1918. — Chaps. 200, 201. . 171

An Act to provide for instruction in Spanish in the Chav. 200

PUBLIC HIGH schools.

Be it enacted, etc., as follows:

Section 1. In every public high school having not less instruction in
than one hundred and fifty pupils and offering a commercial tain public
course of study, there shall be provided a course in com- '^ sciooe.
mercial Spanish upon the written request of the parents or
guardians of not less than twenty pupils, and upon the en-
rolment of not less than twenty properly qualified pupils in
such course, provided that tlie said request is made, and the Proviso,
said enrolment is completed, before the first day of August
of each year.

Section 2. This act shall take effect on the first day of S.^^*^"^^"^
July, nineteen hundred and eighteen.

Approved May 10, 1918.

An Act to increase the salary of the chief deputy Char). 20\

sheriff of the county of SUFFOLK.

Be it enacted, etc., as follows:

Section 1. Section one of chapter five hundred and one 1913,501,
of the acts of nineteen hundred and thirteen is hereby •*™®"
amended by strikmg out the word "twenty-one", in the
eleventh line, and substituting the word : — twenty-three, —
so as to read as follows: — Section 1. The sheriff of the chief deputy
county of Suffolk may appoint one of the court officers of county, salary
the superior court to act as chief deputy sheriff for attend- ^ *
ance on the superior court of said county. Such officer,
under the orders of the sheriff, and in addition to his regular
duties as a court officer, shall supervise, direct and assign
the officers of the said court. The said chief deputy sheriff
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 by the county in
equal monthly instalments the sum of twenty-three hundred
dollars a year.

Section 2. This act shall take effect upon its acceptance Time of taking
by the city council of the city of Boston, with the approval ^^^*'*'
of the mayor. Approved May 13, 1918.

[Accepted, June 3, 1918.1

172

General Acts, 1918. — Chaps. 202, 203.

R. L. 9, 5 8,
etc., amended.

Distribution
of public
documents
regulated.

Chap. 202 An Act to regulate the distribution of public docu-
ments.

Be it enacted, etc., as follows:

Section 1 . Chapter nine of the Revised Laws as amended
m section eight by chapter four hundred and twenty-two of
the acts of nineteen hundred and eight, by section two of
chapter two hundred and ninety-one of the acts of nineteen
hundred and fourteen, and by chapter three hundred and
thirty-six of the acts of nineteen hundred and fourteen, is
hereby further amended by striking out said section eight
and substituting the following : — Section 8. The secretary
of the commonwealth shall furnish to each city and town of
the commonwealth, to be preserved in a public place therein,
one copy of each of such reports included in the public
document series as the city or town clerk may apply for.
He shall furnish one copy of each of said reports to such
public and other libraries as may apply therefor. If the
commissioner of public records shall report to the secretary
of the commonwealth that in his opinion such city or town
is unable to make suitable provision for the care and use of
the documents, he may discontinue sending them to such
city or town. Each member of the general court and of the
executive department, the clerk of each house and each
reporter assigned to either branch may upon a written
request signed by him and delivered to the secretary of the
commonwealth receive a copy of any such document. Ten
copies shall be placed in the state library for the use of the
library and for exchange.

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

Approved May 14, 1918.

R. L. 3, § 10,
etc., amended.

C/iap. 203 ^N ^^'^ relative to the time of payment of members

OF THE GENERAL COURT.

Be it enacted, etc., as follows:

Section 1. Chapter three of the Revised Laws, as
amended in section ten by chapter one hundred and sixty-
three of the acts of nineteen hundred and seven and by
chapter thirteen of the acts of nineteen hundred and twelve,
is hereby further amended by striking out the said section,
Time of pay- and Substituting the following: — Section 10. Each member
bers o?tS^°" of the general court shall be entitled to be paid one hundred

general court.

General Acts, 1918. — Chaps. 204, 205. 173

and fifty dollars on account on the day preceding the last
legislative day of each month; but such monthly payments
shall not exceed, in the aggregate, the compensation of the
member for the annual session; and each member shall, on
the legislative day in which the general court is in session
preceding the fifteenth day of each month, be entitled to
receive an amount not exceeding the proportion then due at
the rate of one hundred and fifty dollars monthly.
Section 2. This act shall take effect upon its passage.

xiyinoved May I4, 1918.

Chap.204

An Act to enlarge the powers of the homestead
commission in providing homesteads for citizens.

Be it enacted, etc., as follows:

Section 1. Section two of chapter three hundred and §^2^kmenlSd
ten of the General Acts of nineteen hundred and seventeen is
hereby amended by inserting after the w^ord " commission ",
in the fifth line, the words : — and the commission may
take mortgages upon said land with or without buildings
thereon for such portion of the purchase price and upon such
terms as it shall deem advisable, — so as to read as follows :
— Section 2. The commission may sell land acquired here- Powers of the
under, or any parts thereof, with or without buildings commis^slon in
thereon, for cash, or upon such instalments, terms and con- Eo^Ws for
tracts, and subject to such restrictions and conditions as ^ged ^ ^""
may be determined upon by the commission, and the com-
mission may take mortgages upon said land with or without
buildings thereon for such portion of the purchase price and
upon such terms as it shall deem advisable, 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.

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

Approved May I4, 1918.

Chap.205

An Act regulating the manner in which cities and

TOWNS shall proceed UNDER ARTICLE XLVII OF THE
AMENDMENTS TO THE CONSTITUTION.

Be it enacted, etc., as follows:

Section 1. Cities and towns acting under the provisions Cities and
of article XI^VII of the amendments to the constitution of Se^LTu^bHc"

174 General Acts, 1918. — Chap. 205.

tradm^|j«tc., the commonwealth for the purpose of maintaining,
times. tributing and providing at reasonable rates, during time of

war, public exigency, emergency or distress a sufficient
supply of food, other common necessaries of life and tempo-
rary shelter for their inhabitants, shall proceed according to
the provisions of this act.
Cash to be paid SECTION 2. Articlcs fumishcd or scpvices rendered uudcr

for all service,

etc. the provisions of this act shall be charged for, so far as is

practicable, at rates calculated to cover all costs and charges
connected with the particular undertaking or service, and
shall be paid for in cash at the tinie of delivery or perform-
ance.

^count^°ltc Section 3. Any city or town acting under the authority
of this act shall keep accounts, in such form as may be pre-
scribed by the bureau of statistics, covering separately, so
far as is practicable, the cost of the particular undertaking
or service in respect to each commodity included therein;

Report. and a report in detail of all receipts and expenditures con-

nected with such undertaking or service shall be included in
the annual report of the treasurer of the city or town.

moMjffor Section 4. For the purpose of exercising the powers

^cT'S,^*''' of t^® aforesaid cities and towns may raise and appropriate money
outside of any limit imposed by law upon their tax rate or
debt, but any bond or note or certificate of indebtedness
issued for the said purpose shall be payable in not more
than two years from the date of its issue. The receipts from
any undertaking or service authorized by this act shall not
be applied to municipal purposes otlier than those described
in section one, so long as there are any obligations outstand-
ing issued on account of any such undertaking or service.

by whom"'^' Section 5. The expenditure of all money appropriated

made. uudcr authority of this act shall be under the direction of

the mayor, or of a department official appointed by the
mayor, with the approval of the city council or body exer-
cising the powers of a city council in cities other than Boston,
and in Boston with the approval of the civil service com-
mission, as provided in chapter four hundred and eighty-six
of the acts of nineteen hundred and nine; and in towns shall
be under the direction of the selectmen or of an official or
officials appointed by them.
Section 6. This act shall take effect upon its passage.

Ajiproved May I4, 1918.

General Acts, 1918. — Chaps. 206, 207. 175

Am Act to extend state-aided vocational education Chap. 20Q

DURING THE PERIOD OF THE WAR.

Be it enacted, etc., as follows:

Section 1. The restriction imposed by paragraph 6 of vocltionaudu-
section one of chapter four hundred and seventy-one of the dun^ngMHod^*^
acts of nineteen hundred and eleven upon evening classes in o^^he war,
industrial, agricultural and household art schools, according
to which instruction in such classes shall be given only to
persons employed during the day in work to which the in-
struction so given applies, is hereby removed for the period
of the present war and one year thereafter, and during that
time instruction in such classes may be given to any pupils
for whom it would be profitable.

Section 2. The restriction imposed by section three of tions'^rem^ved"
said chapter four hundred and seventy-one, as amended by [^rioTof"time.
section five of chapter two hundred and fifteen of the General
Acts of nmeteen hundred and seventeen, according to which
instruction in certain day or part-time evening classes in
industrial, agricultural and household art schools is re-
stricted to persons under twenty-five years of age, shall not
apply during the period of the present war or for one year
thereafter, and during the said tune such instruction may
be given to persons not under twenty-five years of age.

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

Approved May 15, 1918.

An Act relative to the income tax on property held Chav 207

IN trust.

Be it enacted, etc., as follows:

Section 1. Section nine of chapter two hundred and i^i^, 269^|G).
sixty-nine of the General Acts of nineteen hundred and
sixteen is hereby amended by inserting after the word
"commonwealth", in the ninth line, the following: — In the
computation of the tax the trustee, in addition to the de-
duction on account of interest paid, allowed under the pro-
visions of section three of this act, shall be entitled to the
following deductions from income taxable under sections
two, five (a) and five (c) of this act, respectively, before the
taxable income of the beneficiary or beneficiaries shall
finally be determined : —

176

General Acts, 1918. — Chap. 207.

Income tax on
property held
in trust.

Deductions
allowed.

(a) Such proportion of the following items as the amounts
of income taxable under the provisions of sections two, fite
(a) and five (c) of this act, respectively, bear to the total
income received by the trustee from all sources, exclusive of
income taxable under section five (b) of this act, to wit/ —
all taxes paid within the year to the United States or toy
other nation or to any state, county, city, town or district,
except taxes assessed on real estate, or tangible personal
property, inheritance or other taxes assessed upon the
transfer of estates of deceased persons, Massachusetts
income taxes and assessments for betterments; amounts
paid within the year for rental of safe deposit boxes; and
amounts paid within the year for premiums on surety bonds
of the trustee.

(b) All amounts ])aid on account of fees or compensation
for services of the trustee, to an amount not exceeding five
per cent of the gross income taxable under sections two, five
(a) and five (c), respectively, of this act.

(c) All taxes paid within the year to the commonwealth
and assessed under the provisions of this act on income
taxable under sections two, five (a) and five (c) of this act,
respectively, on account of beneficiaries who still remain
inhabitants of the commonwealth.

(d) The trustee shall also be entitled to deduct from the
income taxable under the ])rovisions of section two of this
act a proper amount for the amortization, according to any
approved method, of premiums paid upon bonds owned by
the estate the income of which is taxable under the provision
of said section two, — and also by inserting after the word
"trustees", in the fifty-sixth line, the words: — except the
provisions of clauses (a), (b), (c) and (d) of this section au-
thorizing certain deductions, — so as to read as follows: —
Section 9. The income received by estates held in trust by
trustees, any one of whom is an inhabitant of this common-
wealth or has derived his appointment from a court of this
commonwealth, shall be subject to the taxes assessed by this
act to the extent that the persons to whom the income from
the trust is payable, or for whose benefit it is accumulated,
are inhabitants of this commonwealth. The tax shall be
assessed to such of the trustees as are inhabitants of the
commonwealth. In the computation of the tax the trustee,
in addition to the deduction on account of interest paid,
allowed imder the i)rovisions of section three of this act,
shall be entitled to the following deductions from income
taxable under sections two, five (a) and five (c) of this act,

General Acts, 1918. — Chap. 207. 177

respectively, before the taxable income of the beneficiary
or beneficiaries shall finally be determined: —

(a) Such proportion of the following items as the amounts For certain

p. jii ij^i •• p ,• , taxes paid, etc.

or mcome taxable under the provisions or sections two,
five (a) and five (c) of this act, respectively, bear to the
total income received by the trustee from all sources, ex-
clusive of income taxable under section five (b) of this act,
to wit : — all taxes paid within the year to the United States
or any other nation or to any state, county, city, town or
district, except taxes assessed on real estate, or tangible
personal property, inheritance or other taxes assessed upon
the transfer of estates of deceased persons, Massachusetts
income taxes and assessments for betterments; amounts
paid within the year for rental of safe deposit boxes; and
amounts paid within the year for premiums on surety bonds
of the trustee.

(b) All amounts paid on account of fees or compensation For services of

• . trustee etc.

for services of the trustee, to an amount not exceeding five
per cent of the gross income taxable under sections two,
five (a) and five (c), res])ectively, of this act.

, 1 1 J 1 • • p , 1 • , • tno common-

ana assessed under the provisions ot tins act on income wealth, etc.

taxable under sections two, five (a) and five (c) of this act,

respectively, on account of beneficiaries who still remain

inhabitants of the commonwealth.

(d) The trustee shall also be entitled to deduct from the For amortiza-
income taxable under the provisions of section two of this m'iumspaid
act a proper amount for the amortization, according to any "tc"" ^^ ^'
approved method, of premiums paid ui)on bonds owned by

the estate the income of which is taxable under the provisions
of said section two.
Such part of the income of intangible personal property Certain income

111.,, • t_1j 1j1j> of non-residenta

held in trust as is payable to or accumulated tor persons exempt.
who are not inhabitants of the commonwealth, shall be
exempt from the taxes imposed by this act.

If an inhabitant of this commonwealth receives income income from
from one or more executors, administrators or trustees, none outside Massa-
of whom is an inhabitant of this commonwealth or has aubfecrt^rai*!
derived his appointment from a court of this commonwealth,
such income shall be subject to the taxes assessed by this
act, according to the nature of the income received by the
executors, administrators or trustees.

An executor, administrator, or trustee may, at the request Executor, etc..
of any beneficiary, claim the benefit of the exemi^tions pro- tain exemptions
vided by sections four and five of this act for each person benencfa%?etc.

178

General Acts, 1918. — Chap. 207.

Proviso.

Corporations
acting as trus-
tee to be sub-
ject to act.

Act, with cer-
tain exceptions,
to apply to in-
come received
by guardians,
etc.

Tax commis-
sioner, with
attorney-gen-
eral, may agree
upon tax from
certain estates.

to whom the income from the trust is payable, or for whose
benefit it is accumulated, and an inhabitant of this common-
wealth receiving income from one or more executors, ad-
ministrators or trustees, none of whom is an inhabitant of
this commonwealth or has derived his appointment from a
court of this commonwealth, may also claim the benefit of
such exemptions : provided, however, that no such exemptions
shall be allowed unless the tax commissioner is satisfied by
an affidavit from the beneficiary who claims exemptions, or
for whose benefit the same are claimed, or otherwise, that
such beneficiary is not allowed in all trusts or estates under
which he may be a beneficiary, and on account of all income
on which he is liable to taxation under this act, more than
the total amount of exemptions to which he is entitled under
said sections four and five respectively.

Corporations authorized under the laws of this common-
wealth to act as trustee or in any other fiduciary capacity
shall, with respect to the income received by them in that
capacity, be subject to the provisions of this act in the same
manner and under the same conditions as individual in-
habitants of this commonwealth acting in similar capacities,
except that no such corporation shall be taxed on account of
any property the income of which would be taxable under
section two hereof if received by an individual inhabitant,
or on account of the income derived from such property, if
such property is held by such corporation as mortgagee or
pledgee to secure the payment of bonds, notes or other
evidences of indebtedness the interest on which is taxable
under section two of this act to such individual inhabitants
of the commonwealth as receive it, or the principal of which
is exempt from taxation under laws other than this act.

The provisions of this act with reference to the taxation of
income received by trustees, except the provisions of clauses
(a), (b), (c) and (d) of this section authorizing certain de-
ductions, shall, so far as apt, apply to the income received
by guardians, conservators, trustees in bankruptcy, receivers
and assignees for the benefit of creditors. Income accumu-
lated in trust for the benefit of unborn or unascertained
persons or persons with contingent interests shall be taxed
as if accumulated for the benefit of inhabitants of this
commonwealth.

For the purpose of facilitating the settlement and distribu-
tion of estates held by executors, administrators, trustees,
guardians, conservators, trustees in bankruptcy, receivers

General Acts, 1918. — Chaps. 208, 209. 179

and assignees for the benefit of creditors, the tax commis-
sioner, with the approval of the attorney-general, may on
behalf of the commonwealth agree upon the amount of
taxes at any time due or to become due from such estates
under the provisions of this act, and payment in accordance
with such agreement shall be full satisfaction of the taxes to
which the agreement relates.

Section 2. This act shall take effect upon its passage Act not to
but shall not apply to taxes levied in the year nineteen
hundred and eighteen on account of income received in the
year nineteen hundred and seventeen.

Approved May 15, 1918.

apply to taxes
on income re-
ceived in 1917.

C/iap.208

An Act to establish the salary of the justice of the

FIRST district COURT OF NORTHERN MIDDLESEX.

Be it enacted, etc., as follows:

Section 1 . The annual salary of the justice of the first Justice, first
district court of northern Middlesex shall be sixteen hundred northeriTMld-
dollars, except that during the present war and for one year established!^^
after its termination, as defined by federal authority, his
salary shall be at the rate of two thousand dollars annually.

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

Approved May 15, 1918.

Chap.209

An Act relative to the definition of contagious
diseases of domestic animals.

Be it enacted, etc., as follows:

Section 1. Section twenty-eight of chapter ninety of r. l. 90, s 28,
the Revised Laws, as amended by section one of chapter six ^^°" ^"'^'^'^^'^■
of the acts of nineteen hundred and eleven, is hereby further
amended by striking out the said section and inserting in
place thereof the following : — Section 28. Contagious
diseases, under the provisions of this chapter, shall include diseases of
such diseases as are recognized by the United States bureau m°aTs*^define'd"
of animal industry to be contagious or infectious.

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

Approved May 15, 1918.

180

General Acts, 1918. — Chaps. 210, 211.

1908, 590, § 68,
etc., amended.

Chap. 210 An Act relative to the investment by savings banks

IN bankers' acceptances.

Be it enacted, etc., as follows:

Section sixty-eight of chapter five hundred and ninety of
the acts of nineteen hundred and eight, as amended by
section eight of chapter four hundred and ninety-one of the
acts of nineteen hundred and nine, by section ten of chapter
six hundred and twenty-two of the acts of nineteen hundred
and ten, by chapter five hundred and eighty of the acts of
nineteen hundred and twelve, by chapter two hundred and
ninety-one of the acts of nineteen hundred and thirteen, and
by chapter two hundred and seventy-three of the General
Acts of ]iineteen hundred and fifteen, is hereby further
amended by inserting after the clause entitled "Seventh",
the following : — • Seventh (a) In bankers' acceptances and
bills of exchange of the kinds and maturities made eligible
by law for re-discount with federal reserve banks, provided
that the same are accepted by a bank, banking association
or trust company incorporated under the laws of the United
States or of this commonwealth, and having its principal
place of business within the commonwealth. Not more than
ten per cent of the deposits and of the income derived there-
from shall be invested by any savmgs bank in bankers'
acceptances or bills of exchange, nor shall any savings bank
invest in the acceptances and bills of exchange eligible by
law for re-discount wuth federal reserve banks of any one
accepting bank or trust company to an amount in excess of
five per cent of its deposits and of the income derived tliere-
from. The aggregate amount of bankers' acceptances and
bills of exchange of any bank, banking association or trust
company held by any savings bank shall not exceed twenty-
five per cent of the paid up capital and surplus of such bank,
banking association or trust company.

Approved May 15, 1918.

Investment by
savings banks
in bankers'
acceptances.
Proviso.

ChaV 211 -^^ ^^'^ RELATIVE TO THE SALARIES OF THE CLERKS OF
CERTAIN POLICE, DISTRICT AND MUNICIPAL COURTS.

Be it enacted, etc., as follows:

Clerks of cer- Section 1. The Salaries of the clerks of police, district
saiarieTestib- and municipal courts, except the municipal court of the city

lished.

General Acts, 1918. — Chap. 212. 181

of Boston, shall be equal to three fourths of the salaries
received by the justices of their respective courts.

Section 2. So much of section sixty-seven of chapter Repeal,
one hundred and sixty of the Revised Laws and of chapter
three hundred and forty of the General Acts of nineteen
hundred and seventeen and of all acts in amendment thereof
or in addition thereto as is inconsistent herewith is hereby
repealed.

Section 3. This act shall take effect as of June first, Time of taking
nineteen hundred and seventeen.

Apinoved May 15, WIS.

An Act relative to the granting of licenses for the /^z,^^ 212
taking of lobsters. '

Be it enacted, etc., as follows:

Section two of chapter three hundred and twelve of the i9i7, 312 (G),
General Acts of nineteen hundred and seventeen is hereby ^ 2- '*™^"'^^'i'
amended by inserting after the word "licenses", in the fifth
line, the words: — in the form prescribed and upon a blank
furnished by the board of commissioners on fisheries and
game, — by striking out all after the word "be", in the
twenty-third line, to and including the word "expiration",
in the twenty-eighth line, and substituting the words : —
forwarded to said board on the first Monday of every month,
together with coupons provided for a description of the
licensee and his buoys, and for such other mformation as
may be required. All books of forms furnished to city or
town clerks under the provisions of this act shall be returned
to the said board on January first of each year, — and also
by adding at the end tliereof the following : — From the
license fee aforesaid the sum of fifteen cents shall be retained
by the clerk of the city or town in which the license is granted,
— • so as to read as follows : — Section 2. The clerk of any Granting of
city or town in tlie counties of Essex, Middlesex, Suffolk, lakCiTofTob-^
Norfolk, Plymouth, Barnstable, Bristol, Dukes or Nantucket, counties'"" ^'^'^
situated on the shores of this conmionwealth, shall, in the
manner and subject to the provisions hereinafter set forth,
grant licenses in the form prescribed and upon a blank
furnished by the board of commissioners on fisheries and
game, to catch or take lobsters from the waters of the com-
monwealth within three miles of the county within which
the city or town granting the license is situated. Such a

182

General Acts, 1918. — Chap. 213.

License fee,
etc.

Special mark-
ings for buoys
to appear in
license.

Norfolk county
privilege.

Part of license
fee to be re-
tained by city
or town clerk.

license shall be granted to any applicant who has resided in
the commonwealth for a period of at least one year next pre-
ceding 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 pa;yTnent 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
conmiissioners 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 city or town
clerk granting a license, shall collect therefor a fee of one
dollar, which shall be forwarded to said board on the first
Monday of every month, together with coupons provided
for a description of the licensee and his buoys, and for such
other information as may be required. All books of forms
furnished to city or town clerks under the provisions of this
act shall be returned to the said board on January first of
each year.

An applicant for a license under the provisions of this act
shall state the color scheme or other special markings of the
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
shall have the right to fish in the waters of the two adjoining
counties. From the license fee aforesaid the smn of fifteen
cents shall be retained by the clerk of the city or town in
which the license is granted. Approved May 15, 1918.

Chap. 213 ^ ^^'^ RELATIVE TO THE RENEWAL OF CERTAIN ELEC-
TRICIANS' CERTIFICATES HELD BY MEN IN THE MILITARY
OR NAVAL SERVICE OF THE UNITED STATES.

Be it enacted, etc., as follmvs:

Section 1. Any master electrician's certificate or
journeyman electrician's certificate granted under the pro-
visions of chapter two hundred and ninety-six of the General
OT^'nl^S''*'*'*'^ ^^*^ ^^ nineteen hundred and fifteen and expiring while the
service. holder thereof is in the military or naval service of the

United States shall be renewed without further examination
upon the payment of the fee prescribed in said chapter at

Renewal of
certain electri'
cians' certifi-
cates held by
men in United

General Acts, 1918. — Chaps. 214, 215. 183

any time within four months after the discharge of such
person from the service.
Section 2. This act shall take effect upon its passage.

A'piiroved May 21, 1918.

An Act to define the authority or the board of Chap. 21 A

PAROLE AS to TRANSFERRED PRISONERS.

Be it enacted, etc., as follows:

Section 1. The power to grant a permit to be at liberty Authority of
to any person sentenced or transferred to the state prison, ai" to tra^-'^" "
to the Massachusetts reformatory, to the reformatory for defintd?"^"''^"
women, or to the prison camp and hospital, and to revoke,
revise, alter or amend the same, shall remain in the board of
parole of the Massachusetts bureau of prisons, created by
chapter two hundred and forty-one of the General Acts of
nineteen hundred and sixteen, until the expiration of the
maxunum term of the sentence for the service of which the
person was so committed or transferred, notwithstanding
the subsequent transfer of such person to any other institu-
tion.

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

Approved May 21, 1918.

An Act to provide compensation for damages incident nhnrt 215
TO checking the spread of the white -pine blister

RUST.

Be it enacted, etc., as follows:

Section 1. The owner of any cultivated berry-bearing CompenBation
shrubbery destroyed by the state nursery inspector or his damlg^inci-
agents acting under the provisions of chapter five hundred fngthcs^'pread"
and seven of the acts of nineteen hundred and twelve, as pine biTstlr^
amended by chapter one hundred and sixty-one of the '^'^*-
General Acts of nineteen hundred and fifteen, by chapter
ninety-one of the General Acts of nineteen hundred and
sixteen and by chapter two hundred and sixty-three of the
General Acts of nineteen hundred and seventeen, for the
purpose of checking the spread of the white pine blister
rust, shall receive compensation therefor from the common-
wealth, provided that he shall, within thirty days after the Proviso,
accrual of his claim to compensation if the same accrues
after the passage of this act, and within sixty days after the
date of the passage of this act, if his claim accrued before

184

General Acts, 1918. — Chaps. 216, 217.

Arbitrators to
determine dam-
ages in case of
disagreement,
etc.

Appropriation
for current

fiscal year.

that date, give notice in writing thereof to the state nursery
inspector. The said inspector shall thereupon personally,
or by his deputy, investigate the same, and in case he is
unable to agree with the claimant as to the validity of his
claim or as to the amount thereof, the questions at issue
shall be determined by three arbitrators, to be composed of
the secretary of the state board of agriculture, the state
forester, and an assistant attorney-general to be designated
by the attorney-general. Any award of damages made by
the arbitrators shall be certified to the auditor of the com-
monwealth, together with the costs of appraisal, and the
said damages and costs shall thereupon be paid from the
treasury of the commonwealth in the same manner as other
claims.

Section 2. To carry out the provisions of this act there
may be expended from the treasury of the commonwealth
during the current fiscal year, the sum of eight thousand
dollars.

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

Ajjproved May 21, 1918.

Chap.216 An Act relative to the issue of joint and several
workmen's compensation policies by insurance com-
panies.

Be it enacted, etc., as follows:

Section 1. Two or more insurance companies authorized
to make such insurance in this commonwealth may unite
in issuing joint and several workmen's compensation policies,
subject to approval by the insurance commissioner as pro-
vided in chapter two hundred and eighty-seven of the
General Acts of nineteen hundred and fifteen, in which case
the policies may be headed by the names of all the com-
panies assuming the joint and several obligations under the
contract.

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

Api^roved May 21, 1918,

Insurance com-
panies may
issue joint and
several work-
men's compen-
sation policies.

Chap.217 An Act providing for the payment of certain fees

FOR CERTIFIED STATEMENTS ISSUED BY THE VARIOUS
BOARDS OF REGISTRATION OR EXAMINATION.

Be it enacted, etc., as follows:

Section 1. Any person who applies to a board of regis-
tration or examination established by the commonwealth

Certain fees to
be paid for
certified state-

General Acts, 1918. — Chap. 218. 185

for a certified statement of registration shall, upon applica- ments issued
tion, pay to the issuing board a fee of either one or two dol- regisrmtion^or
lars according to rules and regulations established by such «''^"»"'*t'o"-
board. Said rules and regulations shall stipulate what in-
formation is to be furnished for the minimum fee of one
dollar, and shall provide that, in case any additional in-
formation is furnished, the fee shall be two dollars.

Section 2. Any board of registration or examination issue of dupii-
may issue a duplicate certificate of registration upon satis- ''''^'' f^^rtificate.
factory evidence that the original certificate has been de-
stroyed. The fee for a duplicate certificate shall be five Fee.
dollars.

Section 3. The provisions of this act shall not apply to Act not to
fees paid under the provisions of section twenty-nine of ceHmn^ees.
chapter five hundred and thirty-four of the acts of nineteen
hundred and nine and acts in amendment thereof and in
addition thereto.

Section 4. All fees collected in pursuance of this statute Fees to be paid
shall be paid monthly into the treasury of the conunon- "'^° ^^easury.
wealth.

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

Approved 31 ay 21, 1918.

An Act to change the official designation of the CJiar) 218
commissioner of weights and measures and to
establish his salary and the number of his inspec-
tion FORCE.

Be it enacted, etc., as follows:

Section 1. The commissioner of weights and measures Commissioner
appointed under the provisions of chapter five hundred and meas^ifesf ^""^
thirty-four of the acts of nineteen hundred and seven shall changedTo
hereafter be known and designated as the commissioner of ofTtanda^r
standards. He shall be appointed by the governor, with the Term of office.
advice and consent of the council, for the term of three
years from the date of his commission, shall receive an salary
annual salary of three thousand dollars, and may expend for established.
clerical services, travel and contingent office expenses of
himself and his inspectors such sums as may be necessary,
and as shall be appropriated therefor by the general court.

Section 2. The commissioner may appoint seven in- inspectors,
spectors at an annual salary each of not more than fifteen ""'"'^^'■' '^'<'-
hundred dollars. They shall give bonds for the faithful
performance of their duties.

186

General Acts, 1918. — Chaps. 219, 220.

Distribution
of tax on
incomes for
year 1919.

^onstmra. Section 3. This act shall not be construed to affect the

tenure of any inspector of weights and measures.
Section 4. This act shall take effect upon its passage.

Aj^i^roved May 21, 1918.

Chap. 219 An Act relative to the distribution of the tax on

INCOMES FOR THE YEAR NINETEEN HUNDRED AND NINE-
TEEN.

Be it enacted, etc., as follows:

On or before the fifteenth day of November in the year
nineteen hundred and nineteen the treasurer and receiver
general shall pay to each city or town, and to each fire,
water, improvement, light and watch district having the
power of taxation, an amount equal to the difference between
the average amount of the tax levied upon personal property
in such city, town or district in the years nineteen hundred
and fifteen and nineteen hundred and sixteen and the average
amount, computed by the tax commissioner, of the tax upon
the personal property actually assessed in such city, town
or district for the years nineteen hundred and seventeen and
nineteen hundred and eighteen. If the amount of taxes
collected from incomes shall exceed the sum necessary to
make the said pa;yTn,ents, the balance shall be distributed
among the several cities and towns in proportion to the
amount of the state tax imposed upon each of them in the
year nineteen hundred and nineteen: provided, that of the
aforesaid excess the commonwealth shall retain a sum
sufficient to reunburse it for the expenses incurred under
chapter two hundred and sixty-nine of the General Acts
of nineteen hundred and sixteen and amendments thereof
during the year nineteen hundred and nineteen, and
abated taxes repaid thereunder during that year. In years
subsequent to nineteen hundred and nineteen, the taxes
collected under the provisions of said chapter two hundred
and sixty-nine and amendments thereof shall be distributed
as the general court may determine.

Approved May 21, 1918.

Certain excess,
how dis-
tributed.

Proviso.

General court
to determine
distribution
subsequent to
1919.

C/iap.220 An Act relative to the sale of commercial fertilizers.

Be it enacted, etc., as follows:

Pe'kmmded Section 1. Chapter three hundred and eighty-eight of

the acts of nineteen hundred and eleven is hereby amended

General Acts, 1918. — Chap. 220. 187

by striking out section six, and substituting the following : —
Section 6. When the certified copy of the label of any Saio of com;
brand of fertilizer has been filed, and the proper fees have iTzeTsWulated;
been paid, the director of the Massachusetts agricultural sHng^^kbei.
experiment station shall issue or cause to be issued a certificate
to that effect; and the certificate shall be deemed to au-
thorize the sale in this commonwealth, in compliance witli
this act, of the brand of fertilizer for which the certificate is
issued up to and including the thirty-first day of December
of the year for which it is issued. The director of the Mas- when certificate
sachusetts agricultural experiment station or his authorized ™*^
deputy may refuse to issue a certificate for any fertilizer or
brand of fertilizer which does not contain at least one half
of one per cent of nitrogen, or one half of one per cent of
potash soluble in distilled water, or one per cent of phosphoric
acid, or five per cent of lime, or five per cent of magnesia, or
which contains its potash or phosphoric acid or lime or
magnesia in forms substantially insoluble by the methods of
analysis for commercial fertilizers prescribed by the Associa-
tion of Official Agricultural Chemists of North America, or
which does not possess substantial properties as a fertilizer.
The said director or his deputy may also refuse to issue a
certificate for any fertilizer under a name, brand, or trade
mark which is untrue in any particular, or which, in his
opinion, would be misleading or deceptive in any particular
or would tend to mislead or deceive as to the constituents or
properties of said fertilizer. The director or his deputy may
refuse to issue more than one certificate for any fertilizer
under the same name or brand, or to issue a certificate for
any fertilizer under a name or brand to the use of which the
party is not lawfully entitled. Should a certificate be issued ^e^ffira'te"'' °^
for any fertilizer and it be discovered afterward that the
certificate itself, or the granting of it, or the manner of
procuring it, was in any respect in violation of any provision
of this act, the said director, and his authorized deputy,
shall have power to cancel the certificate. No commercial Penalty.
fertilizer or brand of fertilizer shall be sold or offered or ex-
posed for sale until a certificate has been issued by the
director or his authorized deputy, and any manufacturer,
importer, or other person who shall sell, or offer or expose for
sale a fertilizer or brand of fertilizer for which no certificate
has been issued, or the certificate for which has been can-
celled, shall be punished by a fine not exceeding two hundred
dollars for each offence.

188

General Acts, 1918. — Chap. 220.

1911, 388, 5 9,
amended.

Penalties.

Director may
prescribe rules
and regulations.

Complaints,
how treated.

Sworn state-
ment in form
prescribed by
director to be
filed, etc.

Section 2. Section nine of chapter three hundred and
eighty-eight of the acts of nineteen hundred and eleven is
hereby amended by inserting after the word "with", in the
tenth hne, the words : — he may prescribe and enforce such
rules and regulations relative to the sale of commercial
fertilizers as he may deem necessary to carry into effect the
full intent and meaning of this act, — so as to read as fol-
lows : — Sectio7i 9. Any person hindering or obstructing
the director of the Massachusetts agricultural experiment
station, or any inspector or deputy of the said director, in
the discharge of the authority or duty conferred or imposed
by any provision of this act and any person violating any
provision of sections one, two, three, four and five of this
act shall be fined not less than fifty dollars and not more
than two hundred dollars for each offence. It shall be the
duty of the said director to see that the provisions of this
act are complied with, he may prescribe and enforce such
rules and regulations relative to the sale of commercial
fertilizers as he may deem necessary to carry into effect the
full intent and meaning of this act and he may, in his dis-
cretion, prosecute or cause to be prosecuted any person
violating any provision of this act. But no complaint based
upon an analysis of samples shall be made for any such
violation, if the samples were taken otherwise than as pro-
vided in this act. And no complaint shall be made for a
failure of any fertilizer or brand of fertilizer to meet the
guaranteed analysis thereof if the analysis of such fertilizer
made by the director, or by his deputy or deputies, shows
the amounts of the constituents thereof to be substantially
equivalent to the percentages stated in the label of the
fertilizer.

Section 3. In addition to the requirements of section
five of chapter three hundred and eighty-eight of the acts of
nineteen hundred and eleven, ever^'^ manufacturer, importer
or other person who sells or offers or exposes for sale in this
commonwealth any commercial fertilizer shall, on or before
the first day of January and July in each year, beginning with
January, nineteen hundred and nineteen, file with the di-
rector of the Massachusetts agricultural experiment station
a sworn statement in such form as the director may prescribe
setting forth the nmnber of net tons of fertilizer sold by
him in the commonwealth during the preceding six months,
stating in each case the number of tons of every brand sold,
together with a permit allowing the director or his authorized

General Acts, 1918. — Chap. 221. 189

deputy to examine the books of the person fihng the state-
ment, for the purpose of verifying the same, and shall there-
upon pay to the director a fee of six cents a ton of two thou-
sand pounds for the fertilizers so sold, except that no such
statement, permit or fee shall be required in respect of agri-
cultural lime. The said director or his authorized deputy Director's
shall have power to cancel the certificate for any brand of cwTfficate!'''"''^
fertilizer in respect to which the requirements of this section
have not been complied with,, and any manufacturer, im- Penalty.
porter or other person who shall sell or offer or ex])ose for
sale in this commonwealth a fertilizer or brand of fertilizer
without having filed the statement and permit and paid the
fee required by this section shall be punished by a fine not
exceeding five hundred dollars for each offence. But no Agent, etc.,
agent or other person shall be obliged to file a statement or fi?es°tatemlnt,
permit, or pay the fee required by this section, for any brand ^*''-
of fertilizer for which the statement and permit have been
filed and for which the fee has been paid by the manufacturer
or importer of such brand. The director is hereby authorized Siilct°and ac-
and it is made his duty to collect the fee required by this ^""^^ ^"'^ ^'^^■
section, and to turn over the same to be accounted for and
disbursed in accordance with the provisions of section ten
of said chapter tliree hundred and eighty-eight.

Approved May 21, 1918.

An Act relative to the expenditures of the armory z^/,/,^ 221
commissioners. ^'

Be it enacted, etc., as follows:

Part I of chapter three hundred and twenty-seven of the 1917, 327 (G),
General Acts of nineteen hundred and seventeen is hereby rmended*^'
amended by striking out section forty-three and substituting
the following: — Section 43. To meet the expenses incurred Expenditures
under the preceding two sections the armory commissioners coma^issbn^s.
may ex-pend such amounts as may annually be appropriated
therefor by the general court, together with such armory
loan funds as may from time to time be authorized specifically
by the general court: provided, however, that said commis- Proviso.
sioners shall submit annually to the general court, in accord-
ance with law, estimates in detail of the needs for which
appropriations are required to carry out the purposes of said
sections. Approved May 21, 1918.

190

General Acts, 1918. — Chap. 222.

1909, 490,
Part III, § 43,
etc., amended.

Tax to be paid
on corporate
franchise.
Rate, how
determined.

Chap. 222 An Act relative to the taxation of domestic business

CORPORATIONS.

Be it enacted, etc., as follows:

Section 1. Section forty-three of Part III of chapter
four hundred and ninety of the acts of nineteen hundred and
nine, as amended by section two of chapter four hundred
and fifty-three of the acts of nineteen hundred and thirteen,
and by section six of chapter one hundred and ninety-eight
of the acts of nineteen hundred and fourteen, is hereby
further amended by inserting after the word "deductions",
in the twentieth hue, the words: — excepting, however,
securities which, if owned by a natural person resident in
this commonweahh, would not be liable to taxation, — so
as to read as follows: — Section ^3. Every corporation
subject to the provisions of section forty shall annually pay
a tax upon its corporate franchise, after making the deduc-
tions provided for in section forty-one, at a rate equal to the
average of the annual rates for three years preceding that in
which such assessment is laid, the annual rate to be de-
termined by an apportionment of the whole amount of
money to be raised by taxation upon property in the com-
monwealth during the same year, as returned by the assessors
of the several cities and towns under the provisions of section
fifty-nine of Part I, after deducting therefrom the amount
of tax assessed upon polls for the preceding year, as certified
to the tax commissioner, upon the aggregate valuation of all
cities and towns for the preceding year, as returned under
sections fifty-nine and sixty of Part I; but the said tax upon
the value of the corporate franchise of a domestic business
corporation, after making the deductions provided for in
section forty-one, shall not exceed a tax levied at the rate
aforesaid upon an amount, less said deductions, excepting,
however, securities which, if owned by a natural person
resident in this commonwealth, would not be liable to
taxation, twenty per cent in excess of the value, as found by
the tax commissioner, of the works, structures, real estate,
machinery, poles, underground conduits, wires and pipes,
and merchandise, and of securities which if owned by a
natural person resident in this commonwealth would be
liable to taxation; and the total amount of the tax to be
paid by such corporation in any year upon its property
locally taxed in this commonwealth and upon the value of

Certain
deductions
excepted, etc.

General Acts, 1918. — Chap. 223. 191

its corporate franchise shall amount to not less than one
tenth of one per cent of the market value of its capital stock
at the time of said assessment as found by the tax com-
missioner.

Section 2. This act shall take effect as of the first day Time of taking
of April in the year nineteen hundred and eighteen.

Approved May 21, 1918.

An Act to authorize cities and towns to make Chap. 223

CERTAIN CONTRACTS DURING THE PRESENT WAR.

Be it enacted, etc., as follows:
Section 1. Cities and towns are hereby authorized, pities and

. . PI • towns may

durmg the contmuance or the present war, to enter mto make certain
contracts for the use and occupation by the United States of the united
any properties, real or personal, owned or held by them and prLent w""^
for the furnishing of instruction, training, lodging and
maintenance to persons who are in or who are preparing to
enter the service of the United States.

Section 2. For the purpose of exercising the powers May raise
aforesaid cities and towns may raise and appropriate money money'for^'^'^^^
outside of any limit imposed by law upon their tax rate or the actfete.
debt, but any bond or note or certificate of indebtedness
issued for the said purpose shall be payable in not more
than five years from the date of its issue. The receipts from
any undertaking or service authorized by this act shall not
be applied to municipal purposes other than those described
in section one, so long as there are any obligations outstand-
ing issued on account of any such undertaking or service.

Section 3. The expenditure of all monev appropriated Expendit»ires,

*" Dv whom

under authority of this act shall be under the direction of made.
the mayor, or of a department official appointed by the
mayor, with the approval of the city council or body exer-
cising the powers of a city council in cities other than Boston,
and in Boston with the approval of the civil service com-
mission, as provided in chapter four hundred and eighty-six
of the acts of nineteen hundred and nine; and in towns shall
be under the direction of the selectmen or of an official or
officials appointed by tliem.

Section 4. This act shall take effect upon its passage Time when
and shall, except as to contracts previously entered into, to^operi'tr'**^
cease to operate on the termination of said state of war.

Approved May 21, 1918.

192

General Acts, 1918. — Chap. 224.

Water supply
for proposed
Belchertown
state school.

Provisos.

Chap. 224. An Act to authorize the commission on mental

DISEASES TO PROVIDE A WATER SUPPLY FOR THE PRO-
POSED BELCHERTOWN STATE SCHOOL.

Be it enacted, etc., as follows:

Section 1. The commission on mental diseases, for the
purpose of supplying the proposed Belchertown state school
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 so much thereof as may be necessary
for the purposes of this act, or of any ground sources of
supply, by means of driven, artesian or other wells, within
the limits of the town of Belchertown, 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 easements necessary for collecting, storing,
holdmg, purifying and preserving the purity of the water
and for conveying the same to any part of the lands owned
by the commonwealth: provided, however, that no source of
water supply and no lands necessary for preserving the
quality of the water shall be taken or used without first
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 said department; and
provided, further, that if the source of supply selected shall be
situated within the Imiits of any source of supply which has
been acquired by the city of Springfield, acting under its
statutory rights, the commonwealth shall pay to the city of
Springfield for the water diverted such sum as shall be
agreed upon by the commission on mental diseases and the
board of water commissioners of the said city, and in case of
failure to agree upon the sum to be paid, the same shall be
determined by a board of arbitration consisting of three
members, one of whom shall be chosen by the commission on
mental diseases, anotlier by the board of water commissioners
of the city of Springfield, and a third by the two so chosen,
and the decision of the said board shall be final and bindmg
upon the commonwealth and the city.

Section 2. Said commission may construct on lands
acquired under the provisions of this act proper dams,
reservoirs, standpipes, tanks, buildings, fixtures and other
structures, and may make excavations, procure and operate

Construction
of dams,
reservoirs and
other struc-
tures, etc.

General Acts, 1918. — Chap. 224. 193

machinery and provide such other means and appHances, and
do such other things as may be necessary for the establish-
ment and maintenance of complete and effective water
works; and for that purpose may construct wells and reser-
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 town
of Belchertown in such manner as not unnecessarily to ob-
struct the same; and for the purpose of constructing, laying,
maintainmg, 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 of Belchertown. Said commission Entry upon
shall not enter upon, construct or lay any conduits, pipes or railroad, etc.
other works within the location of any railroad corporation,
except at such time and in such manner as it may agree upon
with such corporation, or in case of failure so to agree, as
may be approved by the public service commission.

Section 3. Said commission shall, within ninety days Description

P , , 1 , 1 • p 1 1 • 1 j_ e -L • 1 j_ of lands taken,

after the takmg ot any lands, rights or way, water rights, etc., to be
water sources or easements, under the provisions of this act, '■*<'°'"''®'^-
file and cause to be recorded in the registry of deeds for the
county of Hampshire, 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 Payment of
sustained by any person or corporation by the taking of any
land, right of way, water, water source, water right or ease-
ment, or by any other thing done by said commission under
the authority of this act. Any person or corporation sus- Remedy upon
taining damages as aforesaid and failing to agree with the igr^'^ls to
commission as to the amount thereof may have the same '^^™^®®' ^**-
assessed and determined in the manner provided by law in
the case of land taken for 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 under the authority of this act; but no such applica-
tion shall be made after the expiration of the said two years,
and no assessment for damages shall be made for the taking

194

General Acts, 1918. — Chaps. 225, 226.

Penalty for
pollution of
water, etc.

Expenditure
authorized.

Act to be void,
unless, etc.

of any water, water right, or any injury thereto, and the
said period of two years shall not begin to run, until water is
actually withdrawn or diverted by said commission 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 comxaonwealth 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 carrjdng out the pro-
visions of this act, the commission on mental diseases is
authorized to expend a sum not exceeding fifty 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,
but shall become void unless the commission oh mental
diseases shall select a source of water supply and begin the
construction of the water works herein authorized within
two years after the date of its passage.

Approved May 24, 1918.

Chap. 225 An Act to establish the salaries of the members of

THE state board OF CONCILIATION AND ARBITRATION.

Be it enacted, etc., as follows:

state^board of SECTION 1. The Salaries of the members of the state
and arbitration, board of conciliatiou and arbitration shall be at the rate of
IstabiTshed. three thousand dollars each annually.

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

Approved May 2^, 1918.

Chap. 22Q An Act to permit street railway companies to use

MOTOR VEHICLES NOT RUNNING ON RAILS OR TRACKS,
AND TO MAKE OPERATORS OF SUCH VEHICLES COMMON
CARRIERS SUBJECT TO THE SUPERVISION OF THE PUBLIC
SERVICE COMMISSION.

Be it enacted, etc., as follows:
^j^et^raiiway SECTION 1. Any strcct railway company, with the ap-
may operate proval of the public scrvicc commission, may acquire, own

motor vehicles -i ^

General Acts, 1918. — Chap. 226. 195

and operate for the transportation of passengers or freight o°\radfs'"^
motor vehicles not running upon rails or tracks.

Section 2. Every person, firm or corporation, including operators of

, •! • .• 1 , 1 • 1 certain motor

street railway companies, operating any such motor vehicle vehicles made
upon any public street or way for the carriage of passengers ra"i?rs?etc.
for hire in such a manner as to afford a means of transporta-
tion similar to that afforded by a street railway, by mdis-
criminately receiving and discharging passengers along the
route on which the vehicle is operated or may be running, is
hereby declared to be a common carrier, and shall in respect
to the operation of such vehicle be subject to such orders,
rules and regulations as have been or may from time to time
be prescribed or adopted by the licensing authorities of any
city or town which has accepted the provisions of chapter
two hundred and ninety-three of the General Acts of nineteen
hundred and sixteen. Any petitioner, or any street railway Appeal to
company aggrieved by such orders, rules or regulations, TOmmifsk)^^
may appeal to the public service commission whose decision, ^^'^'
after notice to said licensing authorities and a hearing
thereon if requested by such authorities, shall be final. Such
appeal may be taken within thirty days from the time such
orders, rules or regulations become effective or in case the
same have already become effective, within thirty days after
the passage of this act. All orders, rules or regulations Enforcement
made, established or prescribed hereunder shall be enforced ° "'^ ^^^' ^ '^'
in the manner provided in section twenty-eight of chapter
seven hundred and eighty-four of the acts of nineteen hun-
dred and thirteen.

Section 3. In cities or towns that have not accepted the Public service
provisions of said chapter two hundred and ninety-three have'^origfnaf
wherein a street railway exists, and wherein a line of motor ierJafn'^citSs'^
vehicles has been established under the pro\asions of section ^^■J'°^^^^'
one of this act, the public service conmiission shall have
origmal jurisdiction over persons, firms or corporations
mentioned in section two, and may prescribe rules and regu-
lations until the city or town accepts the provisions of said
chapter two hundred and ninety-three whereupon original
jurisdiction shall vest in the city or town, subject to appeal
to the public service commission as provided in section two.

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

Approved 31 ay 24, 1918.

196 General Acts, 1918. — Chaps. 227, 228.

Chap. 221 An Act relative to the salaries of the court

OFFICERS IN ATTENDANCE UPON THE SESSIONS OF THE
MUNICIPAL COURT OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

of°Boston°^^^ Section 1. The annual salaries of the court officers in
TOurt°sa!iries attendance at the sessions of the municipal court of the city
established. of Boston shall be nineteen hundred dollars each, to be paid

by the county of Suffolk in monthly instalments, in full for

all services performed by them.
teS'ng°lffect. 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, 1918.

[Accepted, Junes, 1918.]

Chav '22S An Act to provide for the classification of certain
POSITIONS in the commonwealth and to regulate
promotion therein.

Be it enacted, etc., as follows:
ciassi^cation Section 1. All appointive offices and positions in the
positions in the government of the commonwealth, except those in the ju-
dicial and legislative branches, shall be classified by the
supervisor of administration, subject to the approval of the
governor and council, in services, groups and grades according
to the duties pertaming to each office or position. Such
classification shall be established by specifications defining
for each grade the titles, duties and responsibilities, and
minimum qualifications for entrance and promotion. The
titles so designated shall be the official title of positions
defined ^^^""^ iucludcd therein, and shall be set forth on all pay rolls. The
term "group" as used in this act and in said classification
shall be construed to include positions in a separate pro-
fession, vocation, occupation or trade involving a distinctive
line of work which requires special education, training or
experience. The term "grade" shall be construed to mean
a subdivision of a group, and to include all positions with
substantially identical authority, duties and responsibility
as distinct from all other grades in that group. The term
"advancement" shall be construed to mean an increase
from one salary rate to another salary rate within a grade.
The term "promotion" shall be construed to mean a change
from the duties of one grade to the duties of a higher grade.

General Acts, 1918. — Chap. 228. 197

and shall involve a change in salary to the rates of the
higher grade.

Section 2. The supervisor of administration shall have Duties of
authority to make rules and regulations, subject to the IdmSsTra^ion.
approval of the governor and council, providing for the ap-
plication and administration of the classification and the
specifications established under the provisions of this act.

Section 3. No salary attached to an office or position Salaries not
classified in accordance with the provisions of this act shall unless, etc.
be increased by a department head unless an appropriation
sufficient to cover such increase has been granted by the
general court in pursuance of a specific recommendation in
the estimates filed as required by law. No increase in salary when certain
granted in accordance with chapter two of the General Acts salary are to
of nineteen hundred and sixteen shall take effect prior to
June first of the year when it is approved as therein pro-
vided.

Section 4. Incumbents of positions classified in accord- Administrative

• 1 1 • • PI- in p p authorities not

ance with the provisions or this act shall perform, so far as to be restricted
is practicable, the duties prescribed for the respective grades, duties, etc.
but nothing in this act shall be construed to limit or restrict
administrative authorities in exercising supervision of, or
control over, or in assigning related, incidental or emergency
duties to, their employees.

Section 5. For the purposes of the classification au- Meaning of
thorized by this act the words laborers, workmen and me- ete.,Xr^°' ^'
chanics shall have the same meaning as m chapter four ciassfficltfon.
hundred and ninety-four of the acts of nineteen hundred and
eleven, and the amendments thereof, and nothing contained
herein shall be construed as placing employees of the com-
monwealth outside the civil service laws, rules and regula-
tions, nor shall the classification aforesaid take precedence
over any rulings of the board of boiler rules, of the boiler
inspection department of the district police, or of the state
exammers of electricians at present in force, regardmg the
construction, care and operation of boilers, engines and other
apparatus which may be under the charge of such laborers,
workmen and mechanics.

Section 6. This act shall not effect a reduction in any No reduction
salary rate, including the increase allowed under chapter salary rates,
three hundred and twenty-three of the General Acts of ^^^'
nineteen hundred and seventeen, paid as of the first day of
January in the year nineteen hmidred and eighteen, and
any present employee mentioned in chapter five hundred

198

General Acts, 1918. — Chap. 229.

Objecting
employees
may appeal
and have
hearing, etc.

Act not to be
construed as
affecting
operation of
certain laws.

and fifty-four of the acts of nineteen hundred and fourteen,
who was in the service under said chapter prior to July first,
nineteen hundred and seventeen, and who did not receive
the benefits provided by said chapter three hundred and
twenty-three, shall be entitled to the said benefits, and such
salary rate shall obtain until advancement or promotion is
warranted by the terms of the classification and by law.
Any employee of the commonwealth objectmg to any pro-
vision of the classification affecting his position may appeal
in writing to the supervisor of administration, and shall be
entitled to a hearing upon such appeal. The supervisor shall
report with such recommendations as he may deem ex-
pedient to the governor and council.

Section 7. This act shall not be construed as affecting
the application or operation of sections twenty and twenty-
one of chapter five hundred and fourteen of the acts of nine-
teen hundred and nine, of chapter four hundred and ninety-
four of the acts of nmeteen hundred and eleven, of chapter
five hundred and twenty-eight of the acts of nineteen hun-
dred and twelve, of chapters six hundred and six hundred
and eighty-eight of the acts of nineteen hundred and four-
teen, of chapters two hundred and fifty-nine and two hun-
dred and eighty-eight of the General Acts of nineteen hundred
and fifteen, or of acts in amendment thereof.

Approved May 27, 1918.

Maintenance of
Barnstable
county
infirmary, etc.

Chap. 229 An Act to peovide for the maintenance of the

INFIRMARY OF THE COUNTY OF BARNSTABLE.

Be it enacied, etc., as follows: .

Section 1. The trustees of the county of Barnstable
infirmary, established under chapter one hundred and fifty-
three of the General Acts of nineteen hundred and fifteen,
as amended by chapter one hmidred and thirty-two of the
General Acts of nineteen hundred and eighteen, shall pro-
vide for the care, maintenance, repair and other expenses of
upkeep of said infirmary and for the support of the patients.
For these purposes the county commissioners of the county
of Barnstable shall include in the annual estimates required
by section twenty-seven of chapter twenty-one of the Revised
Laws, as affected by chapter four hundred and forty-seven
of the acts of nineteen hundred and eleven, the estimate of
said trustees of the amount required for said purposes for
the ensuing year, and the trustees may expend for said

General Acts, 1918. — Chap. 230. 199

purposes such sums as the general court may authorize in the
annual appropriation for county expenses. The treasurer of
said county, on the requisition of said trustees, shall pay
over to them for the purposes above mentioned the sums so
appropriated, and the same may be disbursed therefor under
their direction. In January of each year the county com-
missioners shall apportion and assess the cost incurred for
the previous year for the care, maintenance, repair and
other expenses of upkeep of the said infirmary, as determined
by said trustees, but not iaicluding the cost of the support
of patients, upon the several towns iji the county, in accord-
ance with the valuation used in assessing the county taxes,
and may also determine the time at which such assessments
shall be paid. The reasonable cost of the support of patients
shall be paid to the trustees in accordance with the pro-
visions of section twelve of chapter two hundred and eighty-
six of the General Acts of nineteen hundred and sixteen, at
such times as they shall render bills for the same, and the
county commissioners and trustees, respectively, shall have
all the remedies provided by said chapter two hundred and
eighty-six, and acts in amendment thereof and in addition
thereto, to enforce pa\irient of all moneys due under this
act. The proceeds of all payments mider this act shall be Proceeds of
used for the said expenses of the infirmary and for the support how^JTsed.'
of patients.

Section 2. The provisions of sections forty-five to fifty Barnstable
inclusive of chapter twenty-one of the Revised Laws, and fn^mMy
acts in amendment thereof and in addition thereto, relative to^cirtSn^'"^*
to the supervision and control of county accounts, shall ^n^w!""^
apply to the county of Barnstable infirmary.

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

Approved May 28, 1918.

An Act to provide for the training and instruction qJku) 230
OF disabled soldiers and sailors by the common-
wealth and by the federal government.

Be it enacted, etc., as follows:

Section 1 . For the purpose of fitting for employment in Board of
the industries of the commonwealth, and of making self- h^^Tlharle
supporting and independent of charitable aid soldiers and aLibiTd
sailors who have been or may become disabled or diseased in soldiers and

ss-ilors tor

the present war service of the United States or of its allies, employment,
and who are residents of the commonwealth at the time of

200

General Acts, 1918. — Chap. 230.

Appointment
of executive
head, and
advisory board
makeup.

Executive
secretary of
the board.

Board of
education to
have use and
custody of any
state hospital,
etc.

Powers given
board of
education for
purposes of the
act.

Lease or permit
to use certain
state property
may be
granted the
United States,
etc.

their discharge, or within one year thereafter, and continue
to be residents while receiving the benefits of this act, the
board of education is hereby directed to estabHsh a division
for their training and instruction.

Section 2. Said division shall consist of a qualified
executive head, appointed by the board of education, and
an advisory board. The advisory board shall consist of the
commissioner of education, who shall be chairman, the
surgeon general, the commissioner of health, the director of
the bureau of statistics, the director of mental diseases, the
chairman of the industrial accident board, and the supervisor
of administration, ex ofRciis, and nine other persons who
shall be appointed by the governor, with the advice and
consent of the council, and shall serve without compensation.
The director of the bureau of statistics shall be the executive
secretary of the board.

Section 3. The governor, with the advice and consent
of the council, is hereby authorized to transfer, either wholly
or in part, to the board of education, for the use of said
division, the use and custody of any state hospital, school
or workshop, including its equipment and employees, or
any other suitable resources of the commonwealth, for a
period not exceeding the duration of the present war and
two years after its termination as defined by federal au-
thority.

Section 4. The board of education, acting through said
division, is hereby empowered to make reasonable agree-
ments for the use of available facilities for the purposes of
this act, to provide such facilities where they are needed and
to employ qualified persons to teach or supervise the soldiers
and sailors seekmg re-education or trainmg under the pro-
visions of this act.

Section 5. The governor, with the advice and consent
of the council, may lease to, or permit to be used by, the
United States or any department, bureau or agency thereof,
any state hospital, school, workshop and its premises and
equipment, or any other suitable resources belonging to the
commonwealth for the purpose of enabling the United States
to carry on the re-education and rehabilitation in industry of
any soldiers and sailors m the service of the United States
or of its allies, and may assign to the United States or its
agents any agreement or contract entered into by the board
of education or by said division for carrying out the purposes

General Acts, 1918. — Chap. 231. 201

of this act, upon such terms and conditions as will fully
protect the commonwealth against expense.

Section 6. To carry out the provisions of tliis act, there Expenditures
may be expended from the treasury of the commonwealth ^"
such amounts as shall annually be appropriated by the
general court, but, during the present fiscal year, not more
than ten thousand dollars.

Section 7. This act shall take effect upon its passage.

Approved May 28, 1918.

An Act to establish a division in the department of nhQfr) 231

THE industrial ACCIDENT BOARD FOR THE TRAINING OF
CRIPPLES.

Be it enacted, etc., as folloics:

Section 1. There is hereby established, under the Division
direction and control of the industrial accident board, a fepartmlnt'of
division for the training and instruction of persons whose acci^mt^board
capacity to earn a living has in any way been destroyed or for training
impaired through industrial accident: provided, that at the Proviso,
time of the accident which incapacitated them they were
residents of the commonwealth. The said board shall in
its annual report to the general court describe in detail the
work of the division, and may from tune to time issue bulle-
tins contaming information relative thereto.

Section 2. The head of the said division shall be ap- Appointment
pointed and his salary determined by the industrial accident d^i^^j|i°^
board, subject to the approval of the governor and council, salary, etc.
and he may be removed by the said board. The division
shall be furnished with suitable quarters in the state house,
and may expend for salaries and other necessary expenses
such amount as shall annually be appropriated therefor by
the general court.

Section 3. The said division shall aid persons who are to aid persons
incapacitated as described m section one in obtaining such ^ifefr^^jf^lcft
education, training and employment as will tend to restore to earn a
their capacity to earn a liveliliood. The division may co-
operate with the United States govenunent, and in co-
operation with the board of education may establish or
maintain, or assist m establishing or maintaming, in schools
or institutions supported wholly or in part by the common-
wealth such courses as it may deem expedient, and other-

202

General Acts, 1918. — Chap. 232.

1917, 327(G),
§ 113, amended.

Retirement of
officers of the
militia for age
or length of
service.

Proviso.

wise may act in such manner as it may deem necessary to
accomplish the purposes of this act.
Section 4, This act shall take effect upon its passage.

Approved May 28, 1018.

Chap. 232 An Act relative to the retirement of officers of

THE MILITIA.

Be it enacted, etc., as follows:

Section 1. Chapter three hundred and twenty-seven of
the General Acts of nineteen hundred and seventeen is
hereb}' amended by striking out section one hundred and
thirteen and substituting the following: — Section 113.
Any commissioned officer in the militia service of the age of
sixty-four years shall be discharged or placed upon the re-
tired list with the grade held by him at the time of making
application therefor: provided, that he complies with the
provisions of tliis act, and any commissioned officer in the
militia service who has served as such in the active militia
of this commonwealth for the period of ten years may, upon
his own application, be placed upon the retired list witli the
rank held by him at the time of making the application;
but an officer who, at the time of making such application,
has remained in the same grade for the period of ten years,
or has served as a commissioned officer for the period of
fifteen years, or, having served in the army or navy of the
United States in time of war and having been honorably dis-
charged therefrom, has also served as a commissioned officer
in the militia of this commonwealth for the period of five
years, may be retired with the rank next in grade above that
held by him during the six montlis preceding the time of
making such application. Any commissioned officer who has
served in the active militia of this commonwealth for the
period of fifteen years, at least six of which have been as a
commissioned officer, may be placed upon the retired list
with the rank held by him at the time of making such ap-
plication. Any commissioned officer requesting retirement
after the completion of twenty-five years or more of com-
missioned service may be placed upon the retired list with
such increase in rank as the commander-in-chief may direct.
whoM^e^'te''^'^ A conmiissioned officer upon the retired list who accepts a
commission in commission ill the active militia may at any time, upon his
may be again own application, be placed again upon the retired list with
Pr^so. the rank with which he was formerly retired; provided,

General Acts, 1918. — Chaps. 233, 234. 203

however, that if his latest service on the active Hst has en-
titled him to a grade on the retired list higher than that
previously held by him, he shall be given such higher grade.
At his own request, an officer applying for retirement, or a
retired officer, may be given any rank of the same grade
then held by him or of a lower grade. All officers who held Certain officers

• • T li T 1 1 -T ' • may apply for

a commission m the Massachusetts volunteer militia prior retirement.
to the passage of this chapter, who would have been entitled
to retirement as hereinbefore provided had the same been
in effect, shall be entitled to apply for retirement under the
provisions of this section.

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

Approved Maij 28, 1918.

Chap. 23S

An Act relative to appropriations by cities and

TOWNS in aid of DEPENDENT RELATIVES OF SOLDIERS
AND SAILORS.

Be it enacted, etc., a^ folloivs:

Section 1. Section seven of diapter one hundred and i9i7, 179 (o,
seventy-nine of the General Acts of nineteen hundred and
seventeen is hereby amended by striking out the words
"liabilities mcurred under the provisions of", m the first and
second lines, and substituting the words: — appropriations
for purposes specified in, — so as to read as follows: — Sec- Appropriations
tion 7. Cities and towns, to meet appropriations for purposes towns\n aid^of
specified in this act, are hereby authorized to borrow in dependent

r6l3.tiv6s 01

excess of the statutory limit, for a period not exceeding one soldiers and
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 2. This act shall take effect upon its passage.

Approved May 28, 1918.

An Act to establish the salaries of the chief quar- fhn^ 234
termaster and the superintendent of armories of
the militia.

Be it enacted, etc., as foUoivs:

Section 1. The annual salary of the chief quartermaster chief quarter-
of the militia shall be three thousand dollars and that of the ^^^erlntenlient
superintendent of armories twenty-three hundred clollars. of armories of

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

Approved May 28, 1918. ''"''''''''"'■

204

General Acts, 1918. — Chaps. 235, 236.

Chap. 235 An Act relative to the assessment of the excise upon

FOREIGN CORPORATIONS.

Be it enacted, etc., as follotvs:

Section 1. Section fifty-six of Part III of chapter four
hundred and ninety of the acts of nineteen hundred and nine
is hereby amended by adding at the end thereof the follow-
ing : — provided, that for the purpose of assessing the excise
lipon corporation* whose stock was issued without a par
value one hundred dollars shall be considered par, — so as
to read as follows: — Section 56. Every foreign corporation
shall, in each year, at the time of filing its annual certificate
of condition, pay to the treasurer and receiver general, for
the use of the commonwealth, an excise tax to be assessed
by the tax commissioner of one fiftieth of one per cent of the
par value of its authorized capital stock as stated in its
annual certificate of condition; but the amount of such
excise tax shall not m any one year exceed the sum of two
thousand dollars: provided, that for the purpose of assessing
the excise upon corporations whose stock was issued without
a par value one hundred dollars shall be considered par.

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

Approved May 28, 1918.

1909, 490,
Part in, § 56,
amended.

Assessment
of annual
excise tax upon
foreign
corporations.

Proviso.

Massachusetts
highway
commission
may improve
Prospect street
in Leominster.

C/iap. 236 An Act relative to the improvement by the Massa-
chusetts HIGHWAY commission OF PROSPECT STREET IN
THE CITY OF LEOMINSTER.

Be it enacted, etc., as follows:

Section 1. The location of Camp Devens at Ayer
having made necessary the improvement by the common-
wealth of a new traffic route to replace the state highway
now closed by military order, the Massachusetts highway
commission is hereby authorized to expend during the
present year the simi of twenty thousand dollars in the con-
struction or improvement of a highw^ay in the city of Leomm-
ster, known as Prospect street, beginning at the town line
of Lunenburg and extending in a westerly direction toward
North Leominster, ten thousand dollars to be paid by the
city of Leominster, five thousand dollars by the county of
Worcester and five thousand dollars by the commonwealth
from the Motor Vehicle Fees Fund. Neither said way nor
any part thereof shall thereby become a state highway, and

General Acts, 1918. — Chap. 237. 205

the way shall be maintained and kept in repair by the city
of Leominster. This act shall not be construed as prohibit-
ing the laying out and construction of said way, or any part
thereof, as a state highway, under the laws applicable thereto,
whenever the Massachusetts highway commission shall deem
it expedient so to do. Ajiy unexpended balance of the sum
hereby authorized to be expended may be used in the succeed-
ing year for the same purpose.

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

Approved May 28, 1918.

An Act relative to the dissemination by advertise- (7/^^^ 237

MENT OR otherwise OF INFORMATION CONCERNING CER-

tain diseases.
Be it enacted, etc., as foUoivs:

Section 1. Chapter three hundred and eighty-six of the loos. 386,
acts of nineteen hundred and eight is hereby amended by '*™*'°^®*^-
addmg at the end thereof the words : — ; nor to the print-
ing, publishing or distribution of any matter pertaining to
venereal diseases by state or municipal health authorities, —
so as to read as follows: — ^Vlloever publishes, delivers, dis- Penalty for
tributes or causes to be published, delivered, or distributed, fnforSLtfon"^
an advertisement, statement or notice, other than a label cenTin^difeases
which is attached to a bottle or package of medicine, or ^^nt'^^'e^J''®®'
which is contained in a sealed package of medicine, de-
scribing the causes, symptoms, details or effects of a venereal
disease, or of a disease, infirmity or condition of the sexual
organs, for the purpose of calling attention to or advertising
a person or persons from whom, or an office or place at
which, information, treatment, or advice may be obtained
concerning such diseases or conditions, shall be punished by
imprisonment for not more than six months or by a fuie of
not less than fifty nor more than five hundred dollars, or by
both such fine and imprisonment. But the prohibitions of Prohibitions
this act shall not be deemed to apply to the printing or apply in certain
delivering in sealed packages outside of this commonwealth '^'*®^'"
of books, pamphlets, or circulars containing such advertise-
ments; nor to newspapers printed outside of this common-
wealth; nor to the printmg, publishing or distribution of
any matter pertaining to venereal diseases by state or mu-
nicipal health authorities.

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

Approved May 28, 1918.

206

General Acts, 1918. — Chap. 238.

Street railway

companies

may become

common

carriers of

merchandise,

etc.

Appeal to
public service
commission.

Chap. 238 An Act relating to street railway companies as

COMMON CARRIERS.

Be it enacted, etc., as follows:

A street railway company, upon the petition of any
interested party, may become a common carrier of news-
papers, baggage, express matter and freight, upon such parts
of its railway and subject to such orders, rules or regulations
as may from time to time be made, established or prescribed
by the board of aldermen of a city, or body exercising similar
powers, or the selectmen of a town, hereinafter termed the
licensing authorities. Any such petitioner or any street
railway company, aggrieved by such orders, rules or regula-
tions, or in case of failure of the licensing authorities of any
city or town to act upon such petition within thirty days
of its presentation, may appeal to the public service com-
mission, whose decision, after public notice and hearing,
shall be made within thirty days of the said appeal and shall
be final. All orders, rules or regulations made, established
or prescribed as aforesaid shall be enforced in the manner
provided in section twenty-eight of chapter seven hundred
and eighty-four of the acts of nineteen hundred and thirteen.
Any street railway company acting under the authority
herein granted shall be subject to the provisions of chapter
four hundred and twenty-one of the acts of nineteen hundred
and six, and amendments thereof, and of all laws now or
hereafter in force relating to conmion carriers in so far as
they shall be consistent herewith. The authority conferred
upon any street railway company by said licensing authorities
by, virtue of the provisions of this act may be revoked at
any time by said licensing authorities if, after public notice
and hearing, they shall determine that the public mterests
so require : provided, hotvever, that any company or interested
party, aggrieved at such revocation, may appeal to the
public service commission, whose decision, after public
notice and hearing, shall be made within thirty days of the
said appeal and shall be final and shall be enforceable as
provided in said section twenty-eight.

Approved May 28, 1918.

Authority may
be revoked.

Proviso.

General Acts, 1918. — Chaps. 239, 240. 207

An Act to regulate appointments of treasurers and Chap. 239

STEWARDS OF STATE INSTITUTIONS.

Be it enacted, etc., as follows:

Appointments of treasurers and stewards in the institu- Appointments
tional service of the commonwealth shall not hereafter be and stewards
made from a civil service list established by examination, institutions
Whenever a vacancy occurs in the office of treasurer or Fromdvli'"^'^^
steward at any institution the appointing authority shall service Ust, etc.
certify to the civil service commission the name of a person how aied!
believed to be competent by reason of training and experience
to fill the vacancy, and shall furnish the commission with
such information concerning the proposed appointee as the
commission may require. The commission shall immediately Duties of civil
make a careful inquiry into the qualifications of the pro- commission.
posed appointee under such rules as it may, with the approval
of the governor and council, establish, and if it is satisfied
that he is a competent person, with the requisite qualifica-
tions, it shall notify the appointing authority that the ap-
pointment is approved, and upon receipt of such notice the
appointment shall take effect, subject to the provisions of
law relating to the filing of bonds by the treasurers of institu-
tions. If the commission does not, within thirty days after whenappoint-
the appointee is certified to it, notify the appointing au- ^^^ *^^°' '
thority of its approval, the appointment shall be void.

Approved May 28, 1918.

An Act to establish minimum salaries for officers of diny 240

COUNTY PENAL INSTITUTIONS.

Be it enacted, etc., as follows:

Section 1. Masters and deputies of houses of correction Salaries of
and keepers of jails who do not hold the position of master, orcountV ^'^^
deputy or keeper by reason of their office as sheriffs shall fnTtitutions.
receive an annual salary of not less than fifteen hundred
dollars.

Section 2. Officers who have been in the prison service Amount of
of the several counties of the commonwealth for a period TetOTmined by
less than one year shall receive an annual salary of not less j^servfce!^'™^
than one thousand dollars; officers who have been in the
prison service of the several counties for more than one year

208

General Acts, 1918. — Chap. 241.

Deductions
where

maintenance
is furnished.

Salary increase
allowed from
June 1, 1918.

Not to apply
to certain
counties.

Acceptance of
act required
in Suffolk
county.

and less than three years shall receive an annual salary of
not less than twelve hundred dollars; officers who have been
in the prison service of the several counties for more than
three years and less than five years shall receive an annual
salary of not less than thirteen hundred dollars; and officers
who have been in the prison service of the several counties
for more than five years shall receive an annual salary of
not less than fourteen hundred dollars. In counties where
maintenance is furnished, in whole or in part, such mainte-
nance shall be deducted from the salary of the said officers;
but in no case shall the amount deducted exceed three
hundred dollars annually.

Section 3. The aforesaid salaries shall be paid by the
counties in which the penal institutions are situated, and
shall be allowed from the first day of June, nineteen hundred
and eighteen.

Section 4, The provisions of this act shall not apply to
the counties of Dukes County and Nantucket.

Section 5. This act shall not apply to the officers in the
prison service of the county of Suffolk unless it is accepted
by the mayor and city council of the city of Boston prior to
December thirty-first, nineteen hundred and eighteen.

Approved May 28, 1918.

[Accepted, June 12, 1918, for Suffolk Ck)unty.]

State prizes for

agricultural

exhibits.

Chap. 24:1 An Act to provide state prizes for agricultural

EXHIBITS.

Be it enacted, etc., as follows:

Section 1. The state board of agriculture is hereby au-
thorized to offer prizes for competitive exhibits of fruit,
flowers, vegetables, grasses, grains or other farm crops,
dairy products, honey, horses, cattle, sheep, swine, poultry
and poultry products and farm operations. The board shall
make rules and regulations for carrymg out the provisions
of this act, and may expend for the purpose such simis as
shall be appropriated therefor by the general court.

Section 2. Chapter three hundred and nmeteen of the
acts of nineteen hundred and tliirteen, as amended by
chapter two hundred and sixty-seven of the acts of nineteen
himdred and fourteen; chapter four hundred and twenty-
seven of the acts of nineteen hundred and ten; and chapter
four hundred and eleven of the acts of nineteen hundred and
twelve, are hereby repealed.

Repeal.

General Acts, 1918. — Chaps. 242, 243. 209

Section 3. Section two of tliis act shall take effect on Timeof
the first day of December, nineteen hundred and eighteen.
The remainder of the act shall take effect upon its passage.

Ayyromd May 28, 1918.

Chav.2^2

An Act relative to the compensation of certain
appointees of the sergeant-at-arms.

Be it enacted, etc., as follows:

All persons who have been regularly in the employ of the Compensation
commonwealth since September first, nineteen hundred and appointees of
seventeen under appointment from the sergeant-at-arms at-^a?mf!^°*"
whose compensation is not affected by chapter one hundred
and eighteen of the General Acts of nineteen hundred and
eighteen are hereby granted an increase in compensation tlie
amomit of which shall be determined according to the pro-
visions of chapter three hundred and twenty-tliree of the
General Acts of nineteen hundred and seventeen, except
that such increase shall be reckoned on the basis of the
compensation received on September first, nineteen hundred
and seventeen, and that such increase shall be permanent.

Approved May 28, 1918.

An Act to prohibit and provide for the abatement (7/iai).243

OF CERTAIN NUISANCES ON THE SEASHORE IN CERTAIN
COUNTIES.

Be it enacted, etc., as follows:

Section 1. It shall be unlawful for any person to deposit. Abatement of
or wilfully or negligently cause or permit to be deposited or nuisances on

,T n • t " . ,1 j_ii the seashore

to dispose or m such manner as to cause the same to be de- in the counties
posited by the action of the tide or otherwise upon the sea- co?nty!^
shore within the limits of the counties of Dukes County, NanTucket.""^
Barnstable or Nantucket, any mammals, alive or dead,
constituting or likely to constitute a nuisance or a detriment
to the health of the community. Aiy person violating any Penalty.
provision of this section shall be punished by a fine of not
less than twenty nor more than five hmidred dollars.

Section 2. The owner of any premises upon which any Removal of
such mammals are deposited shall, within forty-eight hours owner of
after being notified so to do by the board of health of the p'"'''^'^®^'
city or town concerned, remove the same. In case the
nuisance is not abated by the owner of the premises, or by

210

General Acts, 1918. — Chap. 244.

Proviso.

the person causing the nuisance, the city or town, acting by
its board of health, shall abate tlie same, and may recover
the expense therefor from tlie person causing such nuisance
or from the owner of the premises aforesaid : iwovided, how-
ever, that no owner shall be liable as such for a sum ex-
ceeding twenty-five dollars in any one year. All expenses of
abatement not recoverable as aforesaid shall be paid by the
county in which the same are incurred.

Approved May 28, 1918.

Estimates to
be submitted
to the super-
visor of

administration,
etc.

C/iap.244 An Act to establish a budget system for the com-
monwealth.

Be it enacted, etc., as folloios:

Section 1. 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 supervisor of administration
statements showing in detail tlie amounts appropriated for
the current fiscal year, and estimates of the amounts re-
quired for ordinary maintenance for the ensuing fiscal year,
with an explanation of any increased appropriations recom-
mended, and witli citations of the statutes relating thereto,
together with such other information, from time to time, as
may be required by the supervisor of administration. The
said estimates shall not include any estimate for any new
or special purposes or objects not authorized by statute.
The officer or board submitting the estimates shall file on
the same date duplicate copies thereof with the auditor of
the conmionwealth.

Section 2. Officers, heads of departments, boards, com-
missions and trustees of institutions who, in their annual
reports or otherwise, recommend or petition for the expendi-
ture of money from the treasury of the commonwealth from
any source of revenue, including expenditures to be met by
assessments or the issue of notes or bonds, for any purpose
or object not covered by the estimates required to be sub-
mitted under the provisions of section one of this act shall,
on or before October fifteenth of each year, submit estimates
thereof in detail to tlie supervisor of administration, together
with such other information as he may require from time to
time.

Duplicate to
the auditor.

Estimates for
appropriations
for special
purposes, etc.

General Acts, 1918. — Chap. 244. 211

Section 3. The auditor of the commonwealth shall °ditor°^^''^
annually, on or before the twenty-sixth day of December,
prepare and file with the clerk of the house of representatives
and with the supervisor of administration statements of
state accounts setting forth in comparative tabulations the
estimates filed under the provisions of section one of this
act and estimates of all claims and other expenditures au-
thorized by the statutes, including interest, sinking fund and
serial bond requirements, the appropriations for the pre-
ceding year and expenditures for all state purposes for the
preceding three years. The auditor shall further prepare and
file with the said clerk and supervisor, on or before the said
twenty-sixtli day of December, his estimates for the ordinary
and other revenue of the commonwealth in comparative
tabulations with the actual revenue for the preceding three
years, together with a statement of the free or unencumbered
cash balance and other resources available for appropriation.

Section 4. The supervisor of administration shall study Examination of
and review all estimates and requests for appropriations and investigations,
other authorizations for expenditures of state funds filed ^^"^
with him as provided in this act, and shall make such in-
vestigations as may be necessary to enable him to prepare
a budget for the governor, setting forth such recommenda-
tions as the governor shall determine upon. The governor
may call upon the department of the auditor for information
relative to the finances of the commonwealth and for assist-
ance in the preparation of the budget. For this purpose the Auditor may
auditor may appoint a deputy in his department at an deputy*! etc.
annual salary not to exceed thirty-fi\'e hundred dollars. The Governor to
budget shall be submitted by the governor to the general etc ™wUh" ^^^'
court not later than the second Wednesday in January of
each year, and it shall embody all estimates, requests and
recommendations for appropriations or other authorizations
for expenditures from the treasury of the commonwealth.
The budget shall be classified and designated so as to
show separately estimates and recormnendations for: (a) ex-
penses of administration, operation and maintenance; (6)
deficiencies or overdrafts in appropriations of former years;
(c) new construction, additions, improvements and other
capital outlay; (d) interest on the public debt and sinking
fund and serial bond requirements; and (e) all requests and
proposals for expenditures for new projects and other under-
takings; and shall include in detail definite recommenda-
tions of the governor relative to the amounts which should

recommenda-
tions.

212

General Acts, 1918. — Chap. 245.

General ap-
propriation
biU.

Repeal.

Time of
taking effect.

be appropriated therefor. The budget shall also include
definite recommendations of tlie governor as to tlie financing
of the expenditures recommended and the relative amounts
to be raised from ordinary revenue, direct taxes or loans.
All appropriations based upon the budget to be paid from
taxes or revenue shall be incorporated in a single bill to be
designated the general appropriation bill. With the budget
the governor shall submit to the general court such messages,
statements or supplemental data with reference to the
budget as he may deem expedient, and from time to time
during the session of the general court he may submit supple-
mental messages on recommendations relative to appropria-
tions, revenues and loans.

Section 5. Sections three and four of chapter seven
hundred and nineteen of the acts of nineteen hundred and
twelve, as amended by chapter two hundred and seventy-
eight of the General Acts of nineteen hundred and seventeen,
and all other acts and parts of acts inconsistent herewith,
are hereby repealed.

Section 6. This act shall take effect on the first day of
July in the year nineteen hundred and eighteen.

Approved May 28, 1918.

Chap. 24:5 An Act to establish the district court of nantucket.
Be it enacted, etc., as follows:

District court
of Nantucket
established.

Sittings for
criminal
and civil
business.

Time of
taking effect.

Section 1. The county of Nantucket shall constitute a
judicial district under the jurisdiction of a court to be called
tire district court of Nantucket. There shall be one justice,
who shall receive an annual salary of five hundred dollars,
to be paid by the county of Nantucket, and one special
justice. All the provisions of law applicable to district
courts shall apply to said court, except as is otherwise pro-
vided herein.

Section 2. Sittings of said court for criminal business
shall be held in the town of Nantucket daily, except on
Sundays and legal holidays. Sittings of said court for civil
business shall be held in the town of Nantucket on such
days as may be fixed by law or rule of court.

Section 3. So much of this act as relates to the ap-
pointment and qualifying of the justices of the said court
shall take effect upon its passage, and the remainder shall
take effect on the first day of July in the year nineteen hun-
dred and eighteen. Nothing in this act shall affect any suit

General Acts, 1918. — Chap. 246. 213

or proceeding, civil or criminal, pending before any trial ^i'ts!efa,^''*
justice or court at the time when this act takes effect, and pending,
such trial justice or court may continue to exercise juris-
diction thereof. Approved May 28, 1918.

An Act to provide for the transfer of the property (7/j(jr>.246

OF THE NEW BEDFORD TEXTILE SCHOOL TO THE COMMON-
WEALTH.

Be it enacted, etc., as foUoics:
Section 1. The trustees of the New Bedford Textile New Bedford

oil- ijj ■UiP V.JJJ J. Textile School

bchool, mcorporated under chapter tour hundred and seventy- may transfer its
five of the acts of eighteen hundred and ninety-five, are commonweaUh.
hereby authorized to transfer and convey to the common-
wealth as of the first day of July in the current year, all the
property, both . real and personal, of the said school by
instrument duly recorded in the registry of deeds of the
county of Bristol, southern district; and the conmion wealth
shall thereafter, in accordance with the conditions of section
three of this act, maintain the said school for the purpose
stated in the said act of incorporation and in any amend-
ments thereof or additions thereto.

Section 2. Upon the completion of such transfer and ^"g^^^
conveyance, there shall be established a board of seventeen appointm^t,
trustees, which shall be composed of the mayor and the etc.
superintendent of schools of the city of New Bedford, ex
officiis, and fifteen others, who shall be appointed by the
governor, with the advice and consent of the council, five
for terms of one year, five for terms of two years, and five
for terms of three years, and thereafter, as the term of each
trustee expires, or in case of a vacancy, the governor shall in
like manner appoint a successor for a term of three years,
or for the unexpired term. Upon their qualification, said
trustees shall be vested with all the powers, rights and
privileges and shall be subject to all the duties, of the exist-
ing trustees of the New Bedford Textile School, except that
the title to all the property of said school shall be vested in
the commonwealth.

Section 3. In case the transfer authorized by section Expenditures,
one is made, there may be expended out of the treasury of ^ '^'
the commonwealth, during the present fiscal year, a sum not
exceeding thirty thousand dollars, to be paid on properly
approved vouchers submitted to the auditor of the com-
monwealth: provided, however, that the said amount shall P'"o'"so.

214

General Acts, 1918. — Chap. 247.

New Bedford
may raise sum
by taxation.

not be available until an additional sum of ten thousand
dollars has been paid into the treasury of the commonwealth
by the city of New Bedford towards the support of said
school during the year. The city of New Bedford is hereby
authorized to raise by taxation, and pay the same into the
treasury of the commonwealth, such sum, not less than ten
thousand dollars, as may be necessary to secure the amount
authorized by this act.
Section 4. This act shall take effect upon its passage.

Approved May 29, 1918.

Removals,
suspensions,
transfers,
etc., in civil
service.

Chap. 24:7 An Act relative to the removal, suspension or

REDUCTION OF PERSONS IN THE CLASSIFIED CIVIL
SERVICE.

Be it enacted, etc., as follows:

Section 1. Every person holding office or employment
in the public service of the commonwealth, or in any county,
city or town thereof, classified under the civil service rules
of the conmion wealth, except as is otherwise provided herein,
shall hold such office or employment and shall not be re-
moved therefrom, lowered in rank or compensation or sus-
pended, or without his consent, transferred from such office
or employment to any other except for just cause, and for
reasons specifically given him in writing within twenty-four
hours after such removal, suspension, transfer or lowering
in rank or compensation.

If within three days thereafter, the person sought to be
removed, suspended, lowered or transferred shall so request
in writing, he shall be given a public hearing in not less than
three nor more than fourteen days after the filing of the
request, by the officer or board whose action affected him,
as aforesaid, and he shall be allowed to answer the charges
preferred against him, either personally or by counsel, and
shall be notified, in writing, within three days after the
hearing, of the decision of such officer or board. In default
of such hearing, said person shall forthwith -be reinstated.
A copy of said reasons, notice, answer, and decision shall be
made a matter of public record in the department.

Section 2. Every police officer now holding or hereafter
appointed to an office classified under the civil service rules
of the commonwealth, in any city, and whether appointed
for a definite or stated term, or otherwise, shall hold such

Public hearing,
etc.

Notice of
decision.

Removal, etc.,
of police
officers.

General Acts, 1918. — Chap. 247. 215

office continuously during good behavior, and shall not be
removed therefrom, lowered in rank or compensation, or
suspended, or, without his consent, transferred from such
office or employment to any other, except for just cause and
for reasons specifically given in writing by the removing
officer or board within twenty-four hours after such removal,
suspension, transfer or lowering in rank or compensation,
and every police officer sought to be so removed, lowered in
rank or compensation, suspended or transferred, shall be
entitled to a public hearing, the same in all respects as pro- Public hearing,
vided in section one of this act, including notice of decision, ^ '
reinstatement and record of proceedings.

Section 3. Within thirty days after the hearing, pro- Action of officer
vided for in this act the person so removed, transferred or ^revLwTd^
lowered in rank or compensation, or suspended, except etc* with"<^r-
members of the police department of the city of Boston, of *^^° exceptions.
the police department of the metropolitan park commission
and except members of the district police, may bring a
petition in the police, district or municipal court within the
judicial district where such person resides, addressed to the
justice of the court, praying that the action of the officer or
board may be reviewed by the court, and after such notice
to such officer or board as the court may think necessary, it
shall review such action, hear the witnesses, and shall affirm
said order unless it shall appear that it was made without
proper cause or in bad faith, in which case said order shall
be reversed and the petitioner be reinstated in his office
without loss of compensation. The decision of the court ^^j'*'^ ^^^s^°°
shall be ffiial and conclusive upon the parties.

Section 4. Chapter three hundred and fourteen of the Repeal,
acts of nineteen hundred and four, as amended by chapter
two hundred and forty-three of the acts of nineteen hundred
and five, chapter two hundred and ten of the acts of nineteen
hundred and six, chapter six hundred and twenty-four of the
acts of nineteen hundred and eleven as amended by chapter
two hundred and fifty-one of the General Acts of nineteen
hundred and fifteen, are hereby repealed.

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

Approved May 29, 1918.

216

General Acts, 1918. — Chap. 248.

The Bradford
Durfee Textile
School of
Fall River
may transfer
its property
to the com-
monwealth.

Board »f
trustees,
appointment,
term of office,
etc.

C hap. 2A8 An Act to provide for the transfer of the property
OF the br.\dford durfee textile school of fall
river to the commonwealth.

Be it enacted, etc., as follows:

Section 1, The trustees of The Bradford Durfee Textile
School of Fall River, incorporated under chapter two hundred
and ninety-nine of the acts of eighteen hundred and ninety-
nine, are hereby authorized to transfer and convey to the
commonwealth, as of the first day of July in the current
year, all the property, both real and personal, of the said
school by instrument duly recorded in the registry- of deeds
of the county of Bristol, Fall River district; and the com-
monwealth shall thereafter, in accordance with the con-
ditions of section three of this act, maintain the said school
for the purposes stated in the said act of incorporation and
in any amendments thereof or additions thereto.

Section 2. Upon the completion of such transfer and
conveyance, there shall be established a board of seventeen
trustees which shall be composed of the mayor and the
superintendent of schools of the city of Fall River, ex officiis,
and fifteen others, who shall be appointed by the governor,
with the advice and consent of the council, five for terms of
one year, five for terms of two years, and five for terms of
three years, and thereafter, as the term of each trustee ex-
pires, or in case of a vacancy, the governor shall in like
manner appoint a successor for a term of three years, or for
the unexpired term. Upon their qualification, said trustees
shall be vested with all the powers, rights and privileges and
shall be subject to all the duties, of the existing trustees of
The Bradford Durfee Textile School of Fall River, except
that the title to all the property of said school shall be vested
in the commonwealth.

Section 3. In case the transfer authorized by section
one is made, there may be expended out of the treasury of
the commonwealth, during the present fiscal year, a sum not
exceeding thirty thousand dollars, to be paid on properly
approved vouchers submitted to the auditor of the com-
monwealth: -provided, however, that the said amount shall
not be available until an additional sum of ten thousand
dollars has been paid into the treasury of the common-
wealth by the city of Fall River towards the support of said
school during tlie year. The city of Fall River is hereby

Expenditiires,
etc.

Proviso.

General Acts, 1918. — Chap. 249. 217

authorized to raise by taxation, and pay the same into the may raTs^esum
treasury of the commonwealth, such sum, not less than ten by taxation.
thousand dollars, as may be necessary to secure the amount
authorized by this act.
Section 4. This act shall take effect upon its passage.

Approved May 29, 1918.

An Act relative to the medical examiners and to Chap. 24:9

THE medical examiner SERVICE FOR THE COUNTY OF
SUFFOLK.

Be it enacted, etc., as follows:

Section 1. Section seven of chapter twenty-four of the r. l. 24. §7,
Revised Laws, as amended by chapter four hundred and ^ *'" '*™^"
twenty-four of the acts of nineteen hundred and eight, is
hereby further amended by striking out the said section and
substituting the following : — Section 7. In the county of Medical
Suffolk, each medical examiner shall receive from the county Suffolk county,
an annual salary of six thousand dollars, and each associate
examiner an annual salary of one thousand dollars; but if
either associate examiner serves in any year more than two
months, he shall, for such additional service, be paid at the
same rate and the amount so paid shall be deducted from
the salary of the medical examiner at whose request he
serves. The medical examiners and the associate medical
examiners for said county shall be provided with rooms
suitably furnished for the performance of their duties, the
rent, furnishing and office equipment of which shall be paid
for by said county upon the approval of the mayor of Boston.
Each of said medical examiners and associate examiners
may, in the name of the county, contract such bills for
clerical services, postage, stationery, printing, telephones,
travelling, cost of the removal of bodies to appropriate de-
positories and the care of the same, and for such other
incidental expenses as the examiner contracting the same
considers necessary for the proper performance of his duty;
and all such bills shall be paid by the county of Suffolk,
upon a certificate by the contracting examiner that they were
necessarily incurred as aforesaid, and upon the approval of
the auditor of Boston, as provided in section twenty-six,
and of the mayor of said city. Medical examiners and Fees of medical

,. , . . , • 1 11 • examiners in

associate medical examiners in other counties shall receive other counties.
fees as follows: for a view without an autopsy, five dollars;

218

General Acts, 1918. — Chaps. 250, 251.

Time of
taking effect.

Proviso.

for a view and autopsy, thirty dollars; and for travel, ten
cents a mile to and from the place of view.

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: provided, that such acceptance occurs prior to
December thirty-first of the current year.

Approved May 29, 1918.

R. L. 160, § 57,
amended.

Boston
municipal
court, special
justices, duties,
compensation,
etc.

Chap. 2^^ An Act to fix the compensation of the special justices

OF THE municipal COURT OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section fifty-seven of chapter one hmidred and sixty of
the Revised Laws is hereby amended by striking out the
word "fifteen", in the thirteenth line, and substituting the
word : — twenty-five, — so as to read as follows : — Section
57. The special justices of said court, at the request of the
justice whose duty it may be in rotation to hold a session of
said court, may and, in case of the illness or absence of a
justice or of a vacancy, at the request of the other justices
of said court or any of them, shall hold any sessions thereof.
The chief justice or, in case of his death, illness, absence or
incapacity, the senior associate justice, if in his opinion the
public business so requires, may also request the special
justices to hold additional sessions of the court, and the clerk
shall enter said request of record. During the continuance
of such requests, or during the time of such illness, absence
or vacancy, a special justice shall have and exercise all the
powers and duties of a justice of said court. His compensa-
tion shall be twenty-five dollars for each day's service; and,
except when holding an additional session as above pro-
vided, the compensation for service in excess of thirty days
in any one year which may be rendered to or for any one
justice shall be deducted by the treasurer of the county of
Suffolk from the salary of such justice.

Approved Maij 29, 1918.

Chap. 251 An Act providing that notice by mail shall be given
TO parties interested in certain hearings before

THE state board OF CONCILIATION AND ARBITRATION.

Be it enacted, etc., as follows:

Section five of chapter three hundred and forty-seven of
the acts of nineteen hundred and fourteen, as amended by

1914,347, §5,
etc., amended.

General Acts, 1918. — Chap. 252. 219

chapter eighty-nine of the General Acts of nineteen hundred
and sixteen, is hereby further amended by adding at tlie end
thereof the following: — and by mailing a copy of said notice,
postage prepaid, to the employers and to the accredited
representati\'es of the strikers or workmen interested, when
their addresses are known; and m every case the secretary
of the board of conciliation and arbitration shall make
every reasonable and diligent eftort to give notice to said
strikers or interested workmen, — so as to read as follows:
— Section 5. The provisions of this act shall cease to be Decisions of
operative when the state board of conciliation and arbitra- board of
tion shall determine that tlie business of the employer, in anTLrbitration
respect to which the strike or other labor trouble occurred, strikS!^^^"
is being carried on m the normal and usual manner and to
the normal and usual extent. Upon the application of the
employer, this question shall be determined by said board,
but only after a full hearing at which all persons involved
shall be entitled to be heard and be represented by counsel.
The board shall give at least three days' notice of the hearing Notice of
to the strikers and employees by publication in at least three given interested
daily newspapers published in the commonwealth, and by p'*'"*'^®-
mailing a copy of said notice, postage prepaid, to the em-
ployers and to the accredited representatives of the strikers
or workmen interested, when their addresses are known ; and
in every case the secretary of the board of conciliation and
arbitration shall make every reasonable and diligent effort
to give notice to said strikers or interested workmen.

Approved May 29, 1918.

An Act to impose an additional tax upon the income ChaV'252

FROM certain FORMS OF INTANGIBLE PROPERTY AND
FROM TRADES AND PROFESSIONS.

Be it enacted, etc., as folio ivs:

Section 1. There is hereby imposed, in addition to the Additional tax
income taxes levied under the provisions of chapter two ^ms df^ ^
hundred and sixty-nine of tlie General Acts of nineteen hun- '°*'°°^®-
dred and sixteen and all acts in amendment thereof and in
addition thereto, an additional tax on all income taxed
under said chapter, equal to ten per cent of the taxes im-
posed on said income thereby. All provisions of law relative
to the assessment, payment, collection and abatement of
the said income taxes shall apply to the additional tax im-
posed by this act.

220

General Acts, 1918. — Chap. 253.

retefnedby Section 2. The additional taxes provided by this act

commonwealth, gj^all be retained for the general purposes of the common-

Time of

taking effect,
etc.

wealth.

Section 3. This act shall take effect as of January first,
nineteen hundred and eighteen, and shall continue in force
for one year thereafter. Approved May 29, 1918.

Additional tas
upon net
incomes of
foreign
corporations,
etc.

Sworn return
to tax com-
missioner.

Chap. 253 An Act imposing an additional tax upon the net

INCOMES OF FOREIGN CORPORATIONS.

Be it enacted, etc., as follows:

Section 1. Every foreign corporation, as defined in
section thirty-ziine of Part III of chapter four hundred and
ninety of the acts of nineteen hundred and nine, shall pay a
tax to the commonwealth computed upon the net income for
its fiscal or calendar year next preceding, as hereinafter pro-
vided, upon which income such corporation is required to
pay a tax to the United States. Each corporation subject
to the tax imposed by this act shall render to the tax com-
missioner, under oath or affirmation of its treasurer or
assistant treasurer, on or before the first day of July in the
year nineteen hundred and eighteen, unless the fiscal year
of the corporation for which it made return to the collector
of internal revenue ended between the thirtieth day of
April and the first day of July, both inclusive, in which case
the said report shall be rendered by the corporation within
sixty days after the date of the closing of its said fiscal year,
a true copy of the last return made to the collector of internal
revenue, of the annual net income arising or accruing from
all sources in its fiscal or calendar year next preceding,
stating the name and situation of the principal place of
business of the corporation; the kind of business transacted,
and a list of all subsidiary companies, if any, with the situa-
tion of the principal place of business of each; the gross
amount of its income during the said year from all sources,
and the amount of its ordinary necessary expenses paid out
of earnings in the maintenance and operation of the business
and properties of the corporation; such other information
as may be requested by the United States treasury depart-
ment for the purpose of ascertaining the total amount of
net income taxable under the United States income tax act;
the net income of the corporation after making the deduc-
tions authorized; the amount of taxes paid upon its income

General Acts, 1918. — Chap. 253. 221

to the internal revenue department for the year next pre-
ceding the one for which such return is made.
Section 2. If the amount of the net income returned Rfturnof

11, P • 1 change or cor-

by any such corporation to the collector or mternal revenue rectionofnet

•11 xJLj.!- •• p • J. 1 income to tax

IS changed or corrected by the commissioner or mternal commissioner.
revenue or by any other official of the United States, such
corporation, within ten days after the receipt of notification
of the change or correction, shall make return under oath
or affirmation to the tax commissioner of such changed or
corrected net income upon which the tax is required to be
paid to the United States. In case a corporation fails to Penalty for
file the return within the time prescribed, there shall be retura, etc. ^
added to, and become a part of the tax, as an additional tax,
the sum of five dollars for every day during which the cor-
poration is in default. If any deduction is made from the Deductions,
net income as returned, the tax commissioner shall certify and'payATnt
to the auditor the amount of any tax paid upon such de- °^'
duction, and the treasurer and receiver general shall pay
said amount without any appropriation therefor, or if any
addition is made, the corporation shall, within thirty days
after receipt of notice from the tax commissioner of the
amount of such addition, pay the tax thereon.

Section 3. If any such corporation carries on business statement from
outside of this coromonwealth, or owns property beyond its engagedTn"in-
jurisdiction, or is to any extent engaged in interstate or foreign^ °''
foreign commerce, that portion only of its net income which commerce.
is not derived from the said sources shall be apportioned to
this commonwealth and taxed hereunder. Each corpora-
tion, in connection with the return required by section one
of this act, shall state in such form as the tax commissioner
shall prescribe what portion or amount of its amiual net
income is apportionable to this commonwealth, as provided
in this section. A tax is hereby laid on every such corpora- Amount of tax
tion of one per cent of the said income to be assessed in the ^'^^*'^'
manner hereinafter provided.

Section 4. Sections four to nine, inclusive, of the general '^^^^^j^ year'to
act of the current year, entitled "An Act imposing an addi- apply.
tional tax upon the net incomes of domestic corporations",
shall apply to tlie taxes imposed by this act and to the en-
forcement of its provisions.

Section 5. The tax imposed by this act shall be con- Temporary
strued as a temporary emergency tax levied in addition to ^'^^'^^^^"^ ^•
all other taxes imposed on foreign corporations, and not to

222 General Acts, 1918. — Chaps. 254, 255.

any extent as a part of the system of taxation established by
sections fifty-four to fifty-six, inclusive, of Part III of chapter
four hundred and ninety of the acts of nineteen hundred and
nine and acts in amendment thereof or in addition thereto.
f^foney^lT^ SECTION 6. This act shall take effect upon its passage
and shall be operative for one year only.

Apjnoved May 29, 1918.

Chap. 254: An Act to establish the salary of the actuary of

THE MASSACHUSETTS INSURANCE DEPARTMENT.

Be it enacted, etc., as follows:

fctulr"^ Section 1. The annual salary of the actuary of the Mas-

Massachusetts sachusetts insurance department shall be three thousand

insurance . ,.

department, QOliarS.

increase . Section 2. This act sliall take effect upon its passage.

Approved May 29, 1918.

Chap. 255 An Act imposing an additional tax upon the net
incomes of domestic corporations.

Be it enacted, etc., as follows:

Additional tax SECTION 1. Evcry Corporation incorporated under the
comes of domes- laws of this commouwcaltli and doing business for profit
^iccorpora ons, gj^^|j ^^y ^ ^^ ^^ ^^ commoiiwcalth computcd upon the

net income for its fiscal or calendar year next preceding, as
hereinafter provided, upon which income such corporation
teTTOmmS°*° ^^ required to pay a tax to the United States. Every cor-
sioner. poration subject to the tax imposed by this act shall render

to tlie tax commissioner, under oath or affirmation of its
treasurer or assistant treasurer, on or before the first day of
July in the year nineteen hundred and eighteen, unless the
fiscal year of the corporation for which it made return to
the federal collector of internal revenue ended between the
thirtieth day of April and the first day of July, both in-
clusive, in which case such report shall be rendered by the
corporation within sixty days after the date of the closing
of its said fiscal year, a true copy of the last return made to
the collector of internal revenue of the annual net income
arising or accruing from all sources in its fiscal or calendar
year next preceding, stating the name and situation of the
principal place of business of the corporation; the kind of
business transacted, and a list of all subsidiary companies,
if any, with the location of the principal place of business of

General Acts, 1918. — Chap. 255. 223

each; the gross amount of its income, received during such
year from all sources, and the amount of its ordinary necessary
expenses paid out of earnings in the maintenance and opera-
tion of the business and properties of such corporation; such
other information as may be requested by the United States
treasury department for the purpose of ascertaining the
total amount of net income taxable under the United States
income tax act; the net income of such corporation after
making the deductions authorized; the amount of taxes
paid upon its income to the federal internal revenue depart-
ment for the year next preceding the one for which such
return is made; in case of a corporation which carries on other
business. outside the commonwealth, the fair cash value of from c^e?tl?n^
its real estate and tangible personal property in each city or '^'■p°''^*»o'13-
town in this commonwealth, and the fair cash value of its
real estate and tangible personal property located outside
this commonwealth; in case of a corporation deriving profits
principally from the holding or sale of intangible property,
the gross receipts from its business within and without this
commonwealth and the gross receipts from its business
within this commonwealth.

Section 2. If the amount of the net income as returned Return of

1 11 1P1111 p ' change or cor-

by each such company to the lederal collector of mternal rection of net

I , J 1 1 J 1 • • c income to tax

revenue is changed or corrected by the commissioner or commissioner.
internal revenue or by other official of the United States,
such company within ten days after the receipt of notifica-
tion of such change or correction shall make return under
oath or affirmation to the tax commissioner of such changed
or corrected net income upon which the tax is required to
be paid to the United States. In case a corporation fails to Penalty for
file the return within the time prescribed, there shall be return, etc.
added to, and become a part of the tax, as an additional tax,
the sum of five dollars for every day during which such
corporation is in default. If any deduction is made from the Deductions,
net income as returned, the tax commissioner shall certify andp^^ment
to the auditor the amount of any tax paid upon such de- °^"
duction, and the treasurer and receiver general shall pay
said amount without any further act or resolve making
appropriation therefor, or if any addition is made, such
corporation shall within thirty days after receipt of notice
from the tax commissioner of the amount of such addition
pay the tax thereon.

Section 3. If such corporation carries on business out- Apportionment
side of this state, a portion of the net income on which the ton''cwrwso''n

224 General Acts, 1918. — Chap. 255.

MSsTchiS^tS^ tax is imposed by the United States shall be apportioned to
this state as follows: In case of a company demdng profits
principally from the ownership, sale, or rental of real estate,
and in case of a corporation deriving profits principally from
the sale or use of tangible personal property, such proportion
as the fair cash value of its real estate and tangible personal
property in this state on the date of the close of the fiscal
year of such corporation in the year next preceding is to the
fair cash value of its entire real estate and tangible personal
property then owned by it, with no deduction on account of
any incumbrance thereon; in case of a corporation deriving
profits principally from the holding or sale of intangible
property, such proportion as its gross receipts in this state
for the year ending on the date of the close of its fiscal year
next preceding is to its gross receipts for such year within
Determination and without the statc. lu casc neither of the above methods
tax commits- ^ are applicable, the tax commissioner shall determine, in
c'^^!^ '° "^'^^^''^ such manner as he deems equitable, the proportion of the
net income received from business carried on within this
commonwealth.
Tax to be levied SECTION 4. The tax commissioucr, on or before the first
treasurer and re- day of September iu the current year, shall make a list of
forwulction^. companies subject to the tax computed upon their net
incomes, with the amount apportioned to tliis common-
wealth, as provided in section three, and a tax shall be
levied on each of said corporations of one per centum of
such income, and the tax commissioner shall enter the
amount of such tax against the name of each said corpora-
tion. He shall certify to the correctness of the said list, and
said amounts, and deliver a copy thereof to tlie treasurer
and receiver general, who shall collect such tax in the manner
and with the powers provided in Part III of chapter four
hundred and ninety of the acts of nineteen hundred and
Notice of tax to nine. The tax commissioner shall forthwith mail a state-
TOrrectiQn,°' mcut of the amouut of such tax to each said corporation,
heanng, etc. j^^^ failure to rcceivc such statement shall not excuse non-
pa;>Tnent of the tax. Within ten days after the date of such
notice the corporation may apply for a correction of said
tax, and may be heard thereon by the board of appeal pro-
vided for by section sixty-eight of Part III of chapter four
hundred and ninety of the acts of nineteen hundred and
nine, and the decision of said board shall be final and con-
when payable, clusive. Such tax shall be payable on or before the first
day of October in the current year, and to any sum or sums

General Acts, 1918. — Chap. 255. 225

due and unpaid after the said first day of October, after ten

days' notice and demand thereon by the treasurer and

receiver general, shall be added interest at the rate of six

per centum per annum from the time when such taxes were

payable until they are paid, if such pa\Tnent is made before

the commencement of proceedings for recovery thereon, and

twelve per centum if made after the commencement thereof.

In case of failure to make such return, or in case of false or Duties of tax

fraudulent return, the tax conmiissioner, upon discovery up^^SscweW

thereof at any time within three years after the same is due, makereti^n,

shall make a return of such net income, and a tax computed ®*°-

thereon shall be paid by such corporation upon notification

of the amount thereof, and the treasurer and receiver general

shall have the same powers of collection as given by said

Part III.

Section 5. Any such corporation which fails to make Penalties.
any return required by the provisions of this act, or renders
a false or fraudulent return, shall be liable to a penalty of
not less than one hundred dollars nor more than ten thousand
dollars, to be paid to the commonwealth, and to be collected
in the manner prescribed by section seventj'-four of Part
III of chapter four hundred and ninety of the acts of nine-
teen hundred and nine, and any person or any officer of any
such corporation who makes a false or fraudulent return or
statement with intent to defeat or evade pa\Tnent of the
tax required by the provisions of this act shall be subject to
a fine of not more than two thousand dollars or to imprison-
ment for not more than one year, or to both such fine and
imprisonment.

Section 6. If any such corporation fails to render any Taxcommis-
return required by the provisions of this act, or renders a tum of'incomr
false or fraudulent return, the tax commissioner, according whe^e^!^''*'"'''
to the best information obtainable, shall make such return,
according to the form prescribed, of the income liable to a
tax, and shall levy such tax on the amount so determined,
and in case of false or fraudulent return shall add one hundred faded ^*°''^
per centum to such tax, or in case of failure to make a return,
or to verify the same, he shall add fifty per centum to such
tax. The amount so added to tlie tax shall be collected at
the same time and in the same manner as the tax, unless
such failure or falsity is discovered after the tax has been
paid, in which case the tax so added shall be collected in
the same manner as the tax. If such corporation fails to Application to
make such return or to permit an examination of its books, judicS'uourt

226 General Acts, 1918. — Chap. 255.

^one^ '^™'^" the tax commissioner may apply to the supreme judicial
court for the county of Suffolk, for an order requiring such
company to give such return, or to permit such examination.

for'^ntem'^pt. Said court, after such notice as it may find reasonable of the
pendency of such application and hearing thereon, may make
such order as it finds proper, and for violation of such order,
may punish for contempt the president, vice president,
treasurer, or assistant treasurer, and may restrain such
company from further prosecution of its business until it
has made such return, caused its officers or employees to
give the information, or permitted the examination of its
books, as the case may be.

Tbatemlnrof Section 7. Any corporation aggrieved by the exaction

tax to supreme gf gajfj ^^x Or auv portion thereof mav, within six months

judicial court, „ , "^ p i i i

etc. after the pajinent oi the same, whether such pa\Tnent be

made after or before the issue of the warrant mentioned in
section sixty-nine of Part III of chapter four hundred and
ninety of the acts of nineteen hundred and nine, apply by
petition to the supreme judicial court, setting forth the
amount of the tax and cost thereon so paid, the general
legal grounds and the specific grounds in fact, if any, upon
which it is claimed such tax should not have been exacted.
Said petition shall be the exclusive remedy and shall be

Service and pro- entered and heard in the county of Suffolk. A copy of the
same shall be served upon the treasurer and receiver general
and upon the attorney-general. The proceedings upon such
petition shall conform, as nearly as may be, to proceedings
in equity, and an abatement shall be made of only such
portion of the tax as was assessed without authority of law.

i^eg^iy°^*^ Section 8. If the court, upon a hearing or trial, judges

exacted. that Said tax, and the costs thereon, have been illegally

exacted, a copy of tlie judgment or decree shall be trans-
mitted by the clerk of tlie court to the auditor, who shall
thereupon audit and certify the amount judged to have
been illegally exacted, with interest, and costs, to be taxed
by the clerk of the court in the same manner as otlier claims
against the commonwealth, and tlie treasurer and receiver
general shall pay the same, without any appropriation there-
for.

Tax retained by SECTION 9. The uicomc taxes providcd by tliis act shall

the common- -ini i n ^ ii

wealth; inspec- bc rctamcd lor the general purposes or the commonwealth.

restricted; Rctums shall bc opcn to tlie inspection of the tax commis-

cio^me/^l. '^' sioner or his deputies, assistants and clerks, when acting

under his autliority. The disclosure by the tax commissioner,

General Acts, 1918. — Chap. 256. 227

or by any deputy, assistant, clerk or other employee of the
commonwealth, or of any city or town therein, to any person
of any information whatever contained in and set forth by
any such return, except in proceedings to collect the tax, or
by proper judicial order, shall be punishable by a fuie not
exceeding one thousand dollars, or by imprisonment for a
period not exceeding six months, or by both such fine and
imprisonment. Said returns shall be preserved for two years,
and thereafter, imtil the tax commissioner orders them to
be destroyed.

Section 10. The deputy tax commissioner, under the Duties of
direction of the tax commissioner, shall have direction of the missioner,'
assessment of the income taxes provided for by this act, and saiary?etc.
by the general act of the current year, entitled "An Act im-
posing an additional tax upon the net incomes of foreign
corporations", and shall receive a salary of one thousand
dollars m addition to the sum now fixed by statute. He
may procure such additional clerical and other assistants as
may be necessary for the proper administration of tliis act,
and may expend for tlie purposes of this act such amounts
as the general court may appropriate.

Section 11. This act shall take effect upon its passage Actj^perative
and shall be operative for one year only.

Approved May 29, 1918.

An Act relative to the reconstruction of floating Chav.25Q

BRIDGE over GLENMERE POND IN THE CITY OF LYNN.

Be it enacted, etc., as follows:

Section 1. Section one of chapter fifty-seven of the i9i7,57(G),§i,
General Acts of nineteen hundred and seventeen is hereby ^"'®''
amended by inserting after the word "Lynn", in tlie fifth
Ime, the following: — The said commissioners, iii order to
provide for the immediate accommodation of the public and
the continuance of travel over the said turnpike, may lay
out and construct a highway around said pond in such
manner as to furnish an accessible and convenient detour,
and the cost of the laying out and construction thereof, in-
cluding all land damages, if any, shall be deemed a part of
the cost of the reconstruction of the Floating bridge under
the provisions of this act, — so as to read as follows: —
Section 1. The county commissioners of the county of ^p^Yn-"*"^
Essex, subject to all general laws applicable thereto, are bridge over

1 1.1 II- 1 ij^i-riii* Glenmere pond

herebv authorized and directed to reconstruct tlie r loatmg in Lynn.

228 General Acts, 1918. — Chap. 256.

bridge, so-called, over Glenmere pond, on the Salem and
Boston turnpike in the city of Lynn. The said commis-
sioners, in order to provide for the immediate accommodation
of the public and the continuance of travel over the said
turnpike, may lay out and construct a highway around said
pond in such manner as to furnish an accessible and con-
venient detour, and the cost of the laying out and construc-
tion thereof, including all land damages, if any, shall be
deemed a part of the cost of the reconstruction of the Floating
bridge under the provisions of this act. 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 delin-
quent cities and towns in the matter of highways are collected
and applied in pa^Tuent of tlie costs and expenses aforesaid.
l^ended^^'^^' SECTION 2. Section two of said chapter fifty-seven is
hereby amended by striking out the word "eighty-five", in
tlie seventh line, and substituting the words : — one hundred
and twenty-five, — by striking out the words " four and one
half", in the sixteenth line, and substituting the word: —
five, — and by inserting after the word "semi-annually", at
the end of the same line, the words: — except that on bonds
and notes issued during the continuance of the present war
and for one year thereafter, the rate of interest may exceed
five per cent per annum when necessary, — so as to read as
Fio^ting°B?fre ^ollows: — Sectioii 2. The expense incurred under this act
ix)an, Aotof shall be paid in the first instance from the treasury of the
county of Essex and for tliis purpose and for tlie 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 exceeding one hundred and twenty-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

General Acts, 1918. — Chap. 256. 229

by such annual pa;^Tnents, 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 pay-
ment 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 Rate of interest.
not exceeding five per cent per annum, payable semi-annually,
except that on bonds and notes issued during the continuance
of the present war and for one year thereafter, the rate of
interest may exceed five per cent per annum when necessary,
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 commis-
sioners 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. Section five of said chapter fifty-seven is 1917,57(0. §5.
hereby amended by striking out the word "tliirty-five", in
the fifth line, and substituting the word: — fifty, — and by
striking out the words "four and one half", in the fourteenth
line, and substituting the word : — five, — so as to read as
follows: — Section 5. The city of Lynn, for the purpose of ^j^^^ng Bridge
paying its share of the cost of said reconstruction, as herein- ^o^"' ^'^■^ °f
before provided, may incur indebtedness in excess of the
statutory limit and issue bonds or notes therefor, not to
exceed the total siun of fifty 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 pajonent 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 Rate of interest.
exceeding five per cent per anniun, 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 4. This act shall take effect upon its passage.

Ayyromd May 29, 1918.

230

General Acts, 1918. — Chap. 257.

1903, 195, re-
pealed and R.
L. 2, amended.

Use of the great
seal, etc., of the
commonwealth,
for certain pur-
poses,
prohibited.

1908, 507, § 1,
etc., repealed,
and R. L. 4, § 5,
etc., amended.

Chap. 257 An Act to make certain substantive corrections in

EXISTING LAWS.

Be it enacted, etc., as follows:

Arms, Great Seal .and Flag of the Commonwealth.
[Revised Laws, Chapter 2.]

Section 1. Chapter one hundred and ninety-five of the
acts of nineteen hundred and three is hereby repealed, and
chapter two of the Revised Laws is hereby amended by
adding at the end thereof the following section : — Section 5.
Any person using any representation of the arms or the great
seal of the commonwealth for any advertising or commercial
purpose shall be punished by a fine of not less than ten nor
more than one hundred dollars or by imprisoimient for not
more than one year, or by both such fine and imprisonment.

Governor and Council, etc. [Revised Laws, Chap-
ter 4.]

Section 2. Section one of chapter five hundred and
seven of the acts of nineteen hundred and eight, as amended
by chapter one hundred and fifty-nine of the acts of nineteen
hundred and fourteen, is hereby repealed and chapter four
of the Revised Laws, as amended in section five by chapter
one hundred and fifty-eight of the acts of nineteen hundred
and fourteen, is hereby further amended by striking out said
section and substituting the following: — Section 5. The
governor may appoint a private secretary, at a salary of four
tliousand dollars, and an assistant private secretary, at such
salary, not exceedmg two thousand dollars, as the council
may approve, who shall hold office during the pleasure of the
governor.

Section 3. Said chapter four is hereby amended by
striking out section seven and substitutijig tlie following : —
Section 7. The governor, with the advice and consent of
tlie council, may appoint a stenographer for the executive
department at such salary, not exceeding eighteen hundred
dollars, as the council shall approve, who shall hold office
during the pleasure of tlie governor.

Matters of Finance. [Revised Laws, Chapter 6.1

Section 4. The specific approval of the governor and
council shall not be required for the office expenses of any
permanent board or commission, notwithstanding provisions

Governor's

private

secretary.

R. L. 4, § 7,
amended.

Executive
stenographer.

Approval of
certain office
expenses not
required, etc.

General Acts, 1918. — Chap. 257. 231

to that effect of any existing law. This section shall not be
construed as repealing any act requiring the approval of the
governor and council for the fixing of salaries or compensa-
tion.

Section 5. Section fifteen of chapter six of the Revised ^^nd4d.^^'
Laws is hereby amended by adding at the end thereof the
following sentence : — This section shall not apply to bills Section not to
for printing which the auditor, pursuant to section seven of kiisfor
chapter nine of the Revised Laws, and acts in amendment p""*'°°-
thereof, has refused to approve.

Section 6. Said chapter six, as amended by section Rl.6.§ si,

- 111,1 PI e • ^^■> amended.

seven or chapter two hundred and eleven ot the acts or nrne-

teen hundred and five, is hereby further amended by striking

out section thirty-one and substituting the following : —

Section 31. An unexpended balance of an appropriation for Unexpended

the expenses of any fiscal year may be applied in the succeed- to revert.

ing fiscal year to the payment of expenses incurred during

the fiscal year for which the appropriation was made; but

any balance then remaining shall revert to the treasury of

the commonwealth.

Section 7. Said chapter six is hereby amended by ^g^-g^l*^'^^
striking out section forty, as amended by section ten of
chapter two hundred and eleven of the acts of nineteen hun-
dred and five, and inserting in place thereof the following
two sections : — Section Jfi. No obligation incurred by any ^^^^^^1^^
officer or servant of the commonwealth in excess of the regulated.
appropriation for the department or institution which he
represents shall impose any liability upon the common-
w^ealth. If expenditures are made in excess of appropria-
tions, the officers having charge of such expenditures shall
annually, on or before the fifteenth day of December, report
to the auditor the details thereof with the reasons therefor,
and the auditor shall make a special report of the same to
the general court early in its session.

Section MOa. Officers or boards may continue expenditures Expenditures

1 1 1 • 1 1 1 • • niay continue

in each year at the rate authorized by the appropriations untu, etc.
for the preceding year, until the general court makes an
appropriation therefor or provides otherwise.

Attorney-General and District Attorneys. [Revised
Laws, Chapter 7 J

Section 8. Section sixteen of chapter seven of the Re- R.L.7,§i6,etc.,

IT 1 1 i> J • p 1 j^ p repealed, aa re-

vised Laws, and so much or section one or chapter tour lates to bonds
hundred and sixty-nine of the acts of nineteen hundred and attorneys.

232

General Acts, 1918. — Chap. 257.

eight, as amended by chapter sixty-six of the acts of nineteen
hundred and twelve and by chapter six hundred and fifteen
of the acts of nineteen hundred and fourteen, as relates to
tlie bonds of district attorneys, are hereby repealed.

1918, 189, (G),
§ 1, amended.

Public docu-
ments.

Supervisor of
administration
to designate
number to be
printed, etc.

Printing, etc. [Revised Laws, Chapter 9.]

Section 9. Section one of chapter one hundred and
eighty-nine of the General Acts of nineteen hundred and
eighteen is hereby amended by striking out said section and
substituting the following: — Section 1. All reports re-
quired by law to be made by permanent state officers, de-
partments, boards and institutions, shall, except as otlierwise
provided, be printed annually before the assembling of the
general court, or as soon thereafter as possible. Except for
facts or information specifically required by law, said reports
shall be a brief summary of the year's work, togetlier with
recommendations for the succeeding year. They shall be
nmnbered in a series to be called public documents. The
supervisor of administration shall designate tlie number of
copies of each report to be printed, and none additional shall
be printed at the expense of the commonwealtli. The
auditor shall not approve any bill for printmg incurred in
violation of tliis section.

1913, 833, §§ 10,
11, amended.

Registration,
primary, caucus
or election, etc.,
to be deemed
regular in
criminal
prosecution.

Introduction
of certain
evidence, etc.

Elections. [Revised Laws, Chapter 11.]

Section 10. Chapter eight hundred and thirty-five of
the acts of nineteen hundred and thirteen is hereby amended
by striking out sections ten and eleven and substituting the
following: — Section 10. In any criminal prosecution for
the \dolation of any law relating to tlie assessment, qualifica-
tion or registration of voters, to voting lists or ballots or
matters pertaining tliereto, or to primaries, caucuses or
elections or matters pertaining thereto, the presumption, in
the absence of proof to the contrary, shall be tliat such
assessment, qualification or registration, or such voting lists
or ballots or matters pertaining tliereto, or such primary,
caucus or election or matters pertaining thereto, were valid,
regular and formal, and that ever}' officer or person whose
duty it was to do any act in relation thereto acted as pre-
scribed by law. This shall not preA'ent the introduction of
evidence that such assessment, qualification or registration,
or such voting lists or ballots or matters pertaining thereto,
or such primary, caucus or election or matters pertaining

General Acts, 1918. — Chap. 257. 233

thereto were valid, regular or formal, or tliat any officer or
person acted as prescribed by law. As to an alleged election
or primary, the testimony of the city or town clerk, in Boston
of the election commissioners, and as to an alleged caucus,
the testimony of the presiding officer, secretary or clerk
tliereof, that such election, primary or caucus was held,
shall be prima facie evidence that the same was regularly
and duly held.

Section 11. Said chapter eight hundred and thirty-five i9i3, sss. § 4i.
is hereby further amended by strikmg out all of section
forty-one after the word "registration" in the seventh line
and substituting the following: — Except in Boston ^^^f^ ^°[tt||^
Chelsea, they shall compare all notices of omitted assess- mentstobe
ments transmitted to them by the assessors under the pro-
visions of section fifteen, with the annual register of voters
for the previous year, and if it appears to their satisfaction
that any of said omitted assessments is that of a person en-
titled to vote in such previous year they may before the
close of registration enter such name on the current annual
register. They shall, m every case, require the vote by
virtue of which such entry or correction is made to be attested
by their clerk.

Section 12. In Boston and Chelsea the listing and Certain special

. Ill '^^^^ applicable

registration or voters shall continue to be governed by tlie in Boston and
special laws applicable thereto.

Section 13. Chapter eight hundred and thirty-five of i^J^^.^sss, § 113.
tlie acts of nineteen hundred and thirteen is hereby amended amended.
by striking out paragraph two of section one hundred and
thirteen and substituting the following: — The state com- Delegates ta
mittee shall fix the number of delegates to the state con- uonlanT*""'
vention, not less tlian one for each ward or town. City and m^embere^of
town committees shall fix the number of members of ward ^^''^ ^nd town

, . 1 1 1 p 1 1 committees.

and town committees, not less than three tor each ward or
town. Notice of the number of delegates and of the number Notice of num-
of members of committees shall be given by the state, city secretary o^the
or town committee, as the case may be, to the secretary of on^rbelorT'^'*
the commonwealth on or before the first day of August. August first.

Section 14. Section one hundred and thirty-four of i9i3, sss, § 134,
said chapter eight hundred and thirty-five, as amended by ^ °" '^^^
section one of chapter one hundred and five of the General
Acts of nineteen hundred and fifteen, is hereby further
amended by striking out the word "Saturday", in the
seventh line, and substituting the word "Friday", — so as
to read as follows: — Section 134. All nomination papers Nomination

papers to be

234

General Acts, 1918. — Chap. 257.

filed with city
or town clerk.

To be sub-
mitted to
registrars, etc.

1913, 835, § 180,
amended.

Certified copy
of voting list
as checked may
be furnished.

1913, 835, § 193,
amended.

Certain candi-
dates to be
nominated by
direct plurality
vote.

1913, 835, § 249,
amended.

Secretary of the
commonwealth
to be notified if
any machine,
ballot box or
counting
apparatus

of candidates to be voted for at city or town primaries shall
be filed with the city or town clerk not less than ten week
days previous to the day on which the primary is to be held
for which the nominations are made. Every such nomina-
tion paper shall be submitted at 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 the registrars shall forth-
with certify thereon a number of signatures which are names
of voters both in the city or town and in the district for
which the nomination is made. They need not certify a
greater number of names than are required to make a nomi-
nation with one fifth of such number added thereto. Names
not certified in tlie first instance shall not thereafter be
certified on the same nomination papers. The city or town
clerk shall not be required, in any case, to receive nomination
papers for a candidate after receiving papers containing a
sufficient number of certified names to make a nomination,
with one fifth of such number added thereto.

Section 15. Section one hundred and eighty of said
chapter eight hundred and tliirty-five is hereby amended
by striking out the word "may" in the third line, and in-
serting in place thereof tlie word " shall ", — so as to read
as follows: — Section 180. The city or town clerk, upon
written application signed by at least ten voters of a ward or
town for a copy of a list as checked, shall open the envelope
containing the voting list used at any caucus in such ward or
town and shall furnish to them a certified copy thereof as
checked.

Section 16. Section one hundred and ninety-three of
said chapter eight hundred and thirty-five is hereby amended
by striking out the first paragraph of said section and sub-
stituting the following: — Section 193. The nomination of
candidates of political parties for elective city and town
offices, except where city or town charters provide otherwise,
shall be by direct plurality vote in primaries or caucuses.

Section 17. Section two hundred and forty-nine of said
chapter eight hundred and thirty-five is hereby amended by
inserting after the word "primary" in the thirtieth line the
word ", caucus", — so tliat the second paragraph of said
section shall read as follows: — If any machine, ballot box
or counting apparatus approved and prescribed by said
board in accordance with the provisions of this and of the
following section shall, in the judgment of the board at any

General Acts, 1918. — Chap. 257.

235

time thereafter, by reason of the enactment of further re- ceases to

, » i ji • j_ e 1 conform to re-

quirements, cease to coniorm to the requirements oi law, quirementsof

the board shall notify the secretary of tlie commonwealth ^^'"•^^^
thereof, who shall forthwith send a copy of such notice to
every city and town clerk; and no such machine, ballot box
or counting apparatus shall be used at any primary, caucus
or election until, upon examination by said board, it shall in
their judgment conform to all the requirements of law, and
shall be approved in the manner hereinbefore provided.

Section 18. Said chapter eight hundred and thirty-five, ^^J^'Jf'^^^'
as amended by chapter seven hundred and eighty-three of amended,
the acts of nineteen hundred and fourteen, is hereby further
amended by striking out sections three hundred and forty-
eight and three hundred and forty-nine and substituting the
following four sections: — Section 348. No person, in order Expenditures,
to aid or promote his own nomination or election to public candidates for
office, shall himself or through another person give, pay, u^t^? *^
expend or contribute any money or other thing of value, or
promise so to do, in excess of the following amounts : —

Election.

United States Senator,

Governor, ..........

Lieutenant Governor, Secretary of the Commonwealth,
Treasurer and Receiver General, Auditor of the Com-
monwealth, .Attorney-General.

Representative in Congress, ......

State Senator, .........

Representative in the General Court:

Each candidate may spend, in a district entitled to three
representatives.

In a district entitled to two representatives.
In a district entitled to one representative.

$5,000
5,000
3,0001

3,000
50ft

300

200
100

A candidate for any other office may expend an amount
not exceeding twenty dollars for each one thousand, or
major portion thereof, of the registered voters qualified to
vote for candidates for the office in question at the next
precedmg election ; but no such candidate shall expend more
than fifteen hundred dollars for the expenses of a primary,
nor more than three thousand dollars for the expenses of an
election. Any candidate may, however, expend a sum not

236

General Acts, 1918. — Chap. 257.

To include

contributions,

etc.

Exception in
case of a politi-
cal committee.

Payments, etc.,
in excess of sums
authorized to
be deemed a
corrupt
practice.

Candidates to
keep detailed
accounts.

Payments to be
vouched for,
etc.

Candidates for
certain United
States offices to
be subject to
federal laws, etc.

Receipts and ex-
penditures by
political
committees.

exceeding one hundred dollars for primary or election ex-
penses. Contributions by a candidate to political committees
shall be included in the foregoing sums.

The sums hereby authorized shall include all contributions
from individuals, political committees or other sources to a
candidate or person acting in his behalf, and shall include
every pa^rment or promise of payment for any purpose, made
directly or indirectly by, or for the benefit of, a candidate,
except that a political committee may make and mcur ex-
penses not for the sole benefit of an individual candidate, or
which it is permitted by section three hundred and forty-
nme a to make for an individual candidate; and the gift,
pa\Tnent, contribution or promise of any money or tiling of
value in excess of tliose sums, by a candidate directly or
indirectly, or by any person or persons, for his benefit, shall
be deemed a corrupt practice.

Section 348a. Every candidate for nomination or election
to a public office shall keep detailed accounts of all money or
other things of value received by or promised to him or any
person acting under his authority, and of all expenditures
and disbursements made by him or by any person acting
under his authority. The said accounts may be kept by an
agent duly authorized thereto, but the candidate shall be
responsible for the same. The said accounts shall be kept
separate and distinct from any and all other accounts and
shall include money or other things of value contributed or
paid by tlie candidate from his personal funds.

Every payment shall, unless the total expense payable to
any one person is less than five dollars, be vouched for by a
receipted bill, statmg the particulars of the expense, and
every voucher, receipt or account hereby required shall be
preserved for six months after the primary or election to
which it relates. Failure by a candidate so to preserve such
vouchers, receipts and accounts 'shall be deemed prima facie
evidence of a corrupt practice.

Section 349. Candidates for nomination or election to the
senate or house of representatives of the United States shall
be subject to the laws of the United States in so far as sec-
tions three hundred and forty-eight, three hundred and
forty-eight a, and three hundred and forty-nine a may
conflict with such laws.

Section 349a. Political committees, duly organized, may
receive, pay and expend money or other things of value for
the following purposes, and no others: advertising, writing.

General Acts, 1918. — Chap. 257. 237

printing and distributing circulars or other publications, hire
and maintenance of political headquarters, and clerical hire
incidental thereto, meetings, refreshments, not including in-
toxicating liquors, but including cigars and tobacco, decora-
tions and music, postage, stationery, printing, expressage,
travelling expenses, telephone, telegraph and messenger
service, and the hire of conveyances and workers at polling
places.

Such committee may conti'ibute to other political com- Pouticai com-
mittees. A political committee may contribute to the SntrfbJTe^o
personal fund of a candidate; but no such committee shall mitlee^'^tc,
pay, directly or indirectly, any expenses of any candidate gxpenses^of*^ ^^^
for nomination or election, or for his sole benefit, other than "^""^i^^*^-
decorations, music and travelling expenses of members of the
committee and speakers, except by a contribution to the
fund of the candidate. Political committees may hire con- Hire of con-
veyances and workers at elections only, and not more than woSers^lf"
one such conveyance and not more than two persons at each ^^^*'*'°'^ °^'y-
polling place shall be hired to represent the same political
party or principle.

Section 19. Said chapter eight hundred and tliirty-five 1913. 835, § 309.
is hereby further amended by striking out section three hun- ^^^" ''°^^"'^®'^-
dred and sixty-nine, as amended by section ten of chapter
seven hundred and eight^'-three of the acts of nineteen hun-
dred and fourteen, and substituting the following: — Section Election
369. (a) In case five or more voters in the commonwealth EfbroughT^^
shall have reasonable cause to believe that a corrupt practice, clndldates.*'"'^
as defined in the preceding section, has been committed by
any successful candidate, other than a candidate for the
United States congress, or for the general court, for whom
such voters had the right to vote, with reference to his
election, or by any other person in his interest or behalf with
reference thereto, such voters may apply to a justice of the
superior court, sitting in equity within and for the county of
Suffolk, for leave to bring an election petition against such
candidate praying that the election of such candidate be
declared void. Such application shall be subscribed and
sworn to by the petitioners and it shall be heard ex parte
by the justice of the superior court in a summary manner
and upon such evidence as he may require; and if the pe-
titioners shall establish to his satisfaction that there is
reasonable cause to believe that a corrupt practice has been
committed with reference to the election of the candidate in
question, and that upon the evidence obtainable there is

238 General Acts, 1918. — Chap. 257.

reasonable cause to believe that such violations may be
successfully proved, he shall make an order granting leave
to the petitioners to bring an election petition against such
candidate.
S°upe?k)rTOurt (^) After the entry of such order, and within two months
of Suffolk after the election to which it relates, the election petition

county, etc. t m t ' i • -i* ici

may be nled m the superior court withm and tor the county

of Suffolk.
wHof sub-^ ^^ Notice of the petition shall be by writ of subpoena accord-
pcena, etc. jj^g ^q i\^q usual coursc of proceedings in equity and shall

be returnable fourteen days after the date on which the

petition is filed.
Service. A subpoeua issued upon an election petition shall be served

not less than seven days before the return day.
Defence. \ dcfeucc to an clcction petition shall be by answer, which

shall be filed within seven days after the return day, and no

replication need be filed.
Equity docket Elcctlou petitions shall be entered by the clerk on the

equity docket.
detwmhfed b"'^ (<^) Elcctiou pctitious and all motions and otlier applica-
three justices tious, whcthcr intcrlocutory or fijial, and all hearings on the

of the superior . , !•,• i-i*- ci

court, etc. mcrits or upon the makmg, entermg or modiiymg or decrees
therein shall be heard and determined by three justices of
the superior court who shall each year, immediately follow-
ing the filing of any election petition, be assigned by the
chief justice of said court for the hearing and determination
of all matters arising mider election petitions prior to the
next state election. No reference to a master shall be had
upon any matter arising under an election petition, except
in matters of fact relating to financial statements and the
Proceedings to examination of accounts and vouchers. All proceedings
ovCTothMca°e^s! uudcr elcctiou petitions shall have precedence over any case
^*''* of a different nature pending m any court, and the justices

of tlie superior court may from time to time make such rules
regulating the practice and proceedings in matters of such
election petitions, not inconsistent with this chapter, as they
may deem expedient. In the absence of any such rules, the
practice and procedure in election petitions shall be governed
by such laws or rules of court, not inconsistent with this
chapter, as may from time to time be in force relating to
the practice and proceedings in matters of equity.
Decision of ((f) Udou an clectiou petition the decision of the three

justices to be ^ ^ „ , • • i j> • j j?

final, etc. justiccs of the supcrior court assigned as aforesaid, or ot a

majority of tliem, shall be final and conclusive upon all

General Acts, 1918. — Chap. 257. 239

matters in controversy, whether Interlocutory or final, and
whether in matters of fact or matters of law. But the said ^^^® ™^y ^®

. I . . reported to

justices, or a majority or them, may in their discretion, after Bupreme
a finding of facts, either of their own motion or at the request
of either party, report the case to the supreme judicial court
for determination by the full court; and thereupon like pro-
ceedings shall be had as upon a report after a finding of facts
by a justice of the superior court in equity proceedings.

(e) If upon an election petition one or more violations of ^titro^n/ho^.
section three hundred and sixty-eight are proved, it shall be estabUshed.
a defence to the petition if the defendant establishes to the
satisfaction of a majority of the justices hearing the same,

with reference to all of said violations, the following:
As to every such violation, either that

(1) Such violation was not committed by the candidate
or by any person with his knowledge and in his behalf, but
was committed contrary to the orders and without the
sanction or connivance of the candidate;

(2) The participation, if any, of the candidate in such
violation, arose from inadvertence or from accidental mis-
calculation, or from some other reasonable cause of a like
nature, and in any case did not arise from any want of good
faith;

(3) The candidate took all reasonable means for preventing
the commission of violations of this chapter with reference
to the election in question;

(4) The violations in question were of a trivial, unim-
portant and limited character.

(f) The court may by an order make the final disposition Final dispo-
of an election petition conditional upon the filing of a state- madeulxHi ^
ment required by this chapter in a modified form, or within dluons, e'tc."
an extended time, and upon compliance with such other

terms as the court may deem best calculated to carry into
effect the objects hereof, and in such case the court shall
require, within a time certain, further proof as to the com-
pliance with the conditions of such order, whereupon a final
decree shall be entered.

(g) If upon the hearing of an election petition a majority Decree shall be
of the justices hearing the same shall find that in relation to tSn cas^."*'^
the election of the candidate in question a corrupt practice,

as defined in section three hundred and sixty-eight of this
chapter, was committed, either by the defendant or by any
person in his interest or behalf, a decree shall be entered
subject to the limitations and conditions hereinbefore pre-

240 General Acts, 1918. — Chap. 257.

scribed, declaring void the election of the defendant to tlie
office in question, and ousting and excluding him from such
office and declaring the office vacant.
Witness not (h) No pcrsou who is Called to testify upon an election

etc. ' petition shall be excused from testifying or producing any

papers on the ground that his testimony may tend to in-
criminate him or subject him to a penalty or forfeiture;
but he shall not be prosecuted or subjected to any penalty or
forfeiture except forfeiture of election to office, for or on
account of any action, matter or thing concerning which he
may so testify, except for perjury committed in such testi-
mony.
Decree not to be (■{) Nq dccrcc entered upon an election petition shall be a

a bar to criminal ,^' m . .., . »

prosecution, bar to Or anect m any way any cnmmal prosecution or any
candidate or other person, or any inquest in accordance with
sections three hundred and seventy-two to three hundred
and seventy-eight, inclusive, of this chapter.
^f^fi^'^fd ''*'^^to ^-^'-^ ^ certified copy of any final decree entered upon an
be transmitted elcctiou petition, as providcd by this chapter, shall forthwith
the" common- bc transmitted by the clerk to the secretary of the common-
Fimn<rof wealth; and any vacancy in any office created by any such

vacancy. dccrcc shall bc filled in the manner provided by law in case

of the death of the incumbent, but in no case shall the candi-
date so excluded from the office be eligible therefor.
District (k) If upon the hearing of an election petition it shall

noti6edin appear to a majority of the justices hearing the same that
certain cases, ^yj^}-^ reference to the election in question there is a reasonable
presimiption that any violation of this chapter was com-
mitted, they shall cause notice of the facts to be given by
the clerk of said court to the district attorney for the county
in which the violation appears to have been committed, with
a list of the witnesses to establish the violation, and any
other information which they may consider proper; and
thereupon the district attorney shall cause complaint therefor
to be made before a magistrate having jurisdiction thereof.
Notice of facts or shall present the evidence thereof to the grand jury. If
^nerai,°efc. it sliall appear that a successful candidate for district attorney
has been guilty of any such violation, a majority of said
justices shall order the notice of the facts to be given to the
attorney-general, who shall designate a district attorney to
Court may issue make sucli complaiut or presentment. A majority of said
process, etc. justiccs may issue process for the apprehension of any person
so appearing to have committed a violation of this chapter,
and may bind over, as in criminal prosecutions, such witnesses

General Acts, 1918. — Chap. 257. 241

as they deem necessary to appear and testify at the court
having jurisdiction of the crime.

Section 20. Said chapter eight hundred and thirty-five i9i3, sss, §§ 448,
is hereby further amended by striking out sections four
hundred and forty-eight and four hundred and forty-nine
and substitutmg the "following section: — Section US- A ^Xwnderkf''
city or town clerk, precinct clerk, election conunissioner, giggt^on'^''
mayor, alderman, selectman or other officer, who wilfully officers,
signs or issues a certificate not in accordance with the result
of an election as appearing by the records and copies of
records of votes cast, or by a recount of votes, shall be
punished by imprisonment for not more than one year.

Section 21. Said chapter eight hundred and thirty-five i9i3, 835, § 451.
is hereby further amended by striking out section four hun- ^™°° °
dred and fifty-one and substituting the following: — Section Penalty for
451. Whoever, at a primary, caucus or election, places any distinguishing
distinguishing mark upon a ballot, or makes a false state- bin'otrmaking
ment as to his ability to mark his ballot, or allows the mark- oath.^Jtc^*"^ °'
ing of his ballot to be seen by any person for any purpose
not authorized by law, or gives a false answer to or makes a
false oath before a presiding officer, shall be punished by
imprisonment for not more than six months or by a fine of
not more than one hundred dollars.

Section 22. Sections four hundred and fifty-three and ^^p^^-
four hundred and fifty-four of said chapter eight hmidred
and thirt^'-five are hereby repealed.

Section 23. Said chapter eight hundred and thirty-five 1^3, 835, § 455,
is hereby amended by striking out section four hundred
and fifty-five and substituting the following : — Section 4^5. ^,g"^',^^ ^°^
Whoever, knowing that he is not a qualified voter in any voting or
place, wilfully votes or attempts to vote therein, or whoever vote, etc.
votes or attempts to vote more than once on his own name,
his name having been registered more than once, or whoever
votes or attempts to vote in more than one voting precinct
or town, his name having been registered in more than one
voting precinct or 'town, or whoever votes or attempts to
vote on any name other than his own, or knowingly casts or
attempts to cast more than one ballot at one time of balloting,
or whoever votes or attempts to vote otlierwise illegally,
shall be punished by imprisonment for not more than one
year. This section shall apply to primaries, caucuses and
elections.

Section 24. Section four hundred and sixty of said chap- i?i3. 835, § 46o,
ter eight hundred and thirty-five, as amended by section

242

General Acts, 1918. — Chap. 257.

Penalty for
false affidavit,
oath or
certificate, etc.

1913, 835. § 461,
etc., amended.

Penalty for
aiding or
abetting, etc.,
in Boston or
Chelsea.

1913, 835, § 436,
amended.

Penalty for
aiding, etc.,
persons in
illegal voting,
interference
with voter, etc.

eleven of chapter ninety-one of the General Acts of nineteen
hundred and fifteen, section sixteen of chapter twenty-nine
of the General Acts of nineteen hundred and seventeen and
section twenty of chapter one hundred and six of the General
Acts of nineteen hundred and seventeen, is hereby further
amended by inserting after the word "listed" in the fifth
line the words " , or in Chelsea for being given a certificate of
residence by the assessors", — so as to read as follows: —
Section JfiO. Whoever knowingly or wilfully makes a false
affidavit, takes a false oath or signs a false certificate relative
to the qualifications of any person for assessment or registra-
tion, or in Boston or Chelsea for being listed, or in Chelsea
for being given a certificate of residence by the assessors,
shall be punished by imprisonment for not more than one
year.

Section 25. Section four hundred and sixty-one of said
chapter eight hundred and thirty-five, as amended by section
twelve of chapter ninety-one of the General Acts of nineteen
hundred and fifteen, is hereby further amended by inserting
after the word "Boston" in the first line the w^ords "or
Chelsea", and by inserting after the word "thereof" in the
fifth line the words " or in Chelsea for being given a certificate
of such residence by the assessors," — so as to read as fol-
lows: — Section 461. Whoever in Boston or Chelsea aids
or abets a person in knowingly or wilfully making a false
affidavit, taking a false oath or signing a false certificate,
relative to the qualifications of any person for being listed
as a resident thereof, or in Chelsea for being given a certificate
of such residence by the assessors, shall be punished by im-
prisonment for not more than one year.

Section 26. Said chapter eight hundred and thirty-five
is hereby amended by striking out section four hundred and
sixty-six and substituting the following: — Section 4^6.
Whoever, at a primary, caucus or election, aids or abets a
person, who is not entitled to vote, in voting or attempting
to vote, or in voting or attempting to vote under a name
other than his own, or in casting or attempting to cast more
than one ballot, or wilfully azid without lawful authority
hinders, delays or interferes with, or aids in hindering, de-
laying or interfering with a voter while on his way to a
primary, caucus or election, while within the guard rail,
while marking his ballot or while voting or attempting to
vote, or endeavors to induce a voter, before depositing his

General Acts, 1918. — Chap. 257. 243

ballot, to disclose how he marks or has marked it, shall be
punished by imprisoimient for not more than one j'ear.

Section 27. Section four hundred and seventy-five of i^endld.^ ^'^^'
said chapter eight hundred and thirty-five is hereby amended
by inserting after the word "primary" in the fourth line the
word ", caucus", — so as to read as follows: — Section 1^75. fg®"g_^*,^J°J to
Whoever refuses or wilfully neglects to comply with any comply with
regulation made by the election commissioners, aldermen or relative to
selectmen relative to the manner of receiving, counting and ^untinl'or
returning votes cast at a prunary, caucus or election, or returning votes,
relative to the use of seals and ballot boxes, shall be punished
by imprisonment for not more than six months.

Section 28. Sections four hundred and eighty-one and Repeal.
four hundred and eighty-two of said chapter eight hundred
and thirty-five are hereby repealed.

Section 29, Section four hundred and eighty-three of ^mended.^ ^^^'
said chapter eight hundred and thirty-five is hereby amended
by inserting after the word "primary" in the second line
the word ", caucus", — so as to read as follows: — Section Penalty for
483. Whoever wilfully obstructs the voting at a primary, voting!' '"^
caucus or election shall be punished by a fine of not more
than one hundred dollars.

Section 30. Section four hundred and eighty-four of Repeal,
said chapter eight hundred and thirty-five is hereby repealed.

Section 31. Section four hundred and eighty-six of said amended. ^ ^^^'
chapter eight hundred and thirty-five is hereby amended by
inserting after the word "primary", wherever it appears,
the word ", caucus", — so as to read as follows: — Section Penalty for
486. Whoever, with intent to defraud, alters a ballot cast deposing or
at a primary, caucus or election; or, with such intent, deposits ba'uot^wfth
a ballot in the ballot box used at a primary, caucus or election, |fefraud°
or in an envelope provided by law for the preservation of
ballots cast at a primary, caucus or election; or, with such
intent, removes a ballot from any such ballot box or envelope,
shall be punished by imprisonment in jail for not more than
three years.

Relative to the Tax Commissioner.

Section 32. Part III of chapter four hundred and J?f'g^|0'gtc^^*
ninety of the acts of nineteen hundred and nine, as amended amended.
by chapter one hundred and seventy-three of the General
Acts of nineteen hundred and sixteen, is hereby further
amended by striking out section five and substituting the

244

General Acts, 1918. — Chap. 257.

Tax commis-
sioner to furnish
information
and printed
instructions to

Blank forms.

Tax commis-
sioner's duties
and powers
may be
exercised by
certain
subordinates.

1912, 272, §§ 2,
3, amended.

Action may be
taken to recover
taxes

unaccounted
for by
collectors, etc.

Expenses to be
borne by city
or town, etc.

following : — Section 5. He may visit any city or town,
inspect the work of its assessors and give to them such in-
formation and require of them such action as will tend to
produce uniformity in valuation and assessments throughout
the commonwealth. He shall prepare and issue printed in-
structions to assessors as a guide to them in carrying out
said purpose, which shall be adapted to varying local circum-
stances and to differences in the character and condition of
property subject to local taxation. He may furnish to local
assessors blank forms for use in valuing said property. He
may cause an assessor to be prosecuted, either in the county
in which said officer resides or in an adjoining county, for
any violation of the laws relative to the assessment of taxes
for which a penalty is imposed. He may appear before the
superior court or any board of county commissioners sitting
for the abatement of taxes. He shall be allowed his reasonable
travelling expenses incurred under the provisions of this
section. He shall give his opinion to assessors and collectors
upon any question arising under any statute relating to the
assessment and collection of taxes, and may obtain the
opinion of the attorney-general upon such question.

The supervisors of assessors shall perform, subject to the
control, approval and direction of the tax commissioner, all
the duties herein imposed upon said tax commissioner; but
said duties may be performed, and the powers herein granted
may be exercised, by the commissioner in person or by his
deputy, second deputy or first assistant, acting under his
direction and control.

Section 33. Chapter two hundred and seventy-two of
the acts of nineteen hundred and twelve is hereby amended
by striking out sections two and three and substituting the
following: — Section 2. Whenever it shall appear to the
tax commissioner that at the end of three 3'ears from the
commitment of any warrant to a collector any taxes upon
such warrant remain uncollected, or if collected have not
been turned over to the treasurer of the city or town, the
commissioner shall within one year bring the matter to the
attention of the attorney-general, who may bring or cause
to be brought an action of contract in the name of the city
or town against the collector and upon his bond, in the
superior court for tlie county in which the city or town is
situated.

Section 3. Any amount recovered under the provisions
of 'the preceding section shall be paid into tlie treasury of the

General Acts, 1918. — Chap. 257. 245

city or town in whose name the action is prosecuted; but
all reasonable expenses incurred by the attorney-general in
any such action shall be borne by the city or town, and may
be recovered from it by the commonwealth in an action of
contract.

Assessment of Local Taxes. [Revised Laws,
Chapter 12.]

Section 34, Chapter one hundred and eighty-seven of Repeal,
the acts of nineteen hundred and nine is hereby repealed.

Section 35. Part I of chapter four hundred and ninety im 490, Part i,
of the acts of nineteen hundred and nine is hereby amended
by striking out section twenty-nine and substitutmg the
following : — Section 29. ^Vhoever in an 3^ way directly or Agreement for

T , 1 J , -n undervaluation

mdirectly proposes or agrees to an assessment on any specifac as inducement
or limited amount less than that for which he may lawfully *° r^i^ence.
be taxed, with the purpose of making, or as an inducement
to make, any particular place his residence or place of busi-
ness, shall be punished by a fine of one thousand dollars;
and an assessor guilty of making or assenting to any such
proposal shall be subject to a like penaltv.

Section 36. Said Part I, as amended by section five of fl!:ttt^^''^'
chapter one hundred and ninety-eight of the acts of nineteen amended.
hundred and fourteen, is hereby further amended by striking
out section forty-one and substituting the following : • —
Section 41- Assessors before making an assessment shall menTlndlistf'
give seasonable notice thereof to all persons, firms and cor- °^ property.
porations, domestic or foreign, subject to taxation in their
respective cities and towns. Such notice shall be posted in
one or more public places in each city or town, or shall be
given in some other sufficient manner, and shall require the
said persons, firms and corporations to bring in to the
assessors, before a date therein specified, in case of residents
a true list, containing the items required by the tax com-
missioner in the form prescribed by him under section forty-
two, of all their polls arid personal estate not exempt from
taxation, except intangible property the income of which is
included in a return filed the same year in accordance with
section twelve of chapter two hundred and sixty-nine of the
General Acts of nineteen hundred and sixteen, and in case
of non-residents and foreign corporations such a true list of
all their personal estate in that city or town not exempt from
taxation, and may or may not require such list to include

246

General Acts, 1918. — Chap. 257.

Returns of
property by
literary,
charitable, etc.,
corporations.

1900, 490, Part I,
§ 54, etc.,
amended.

Overlay of
taxes, except
Boston.

In Boston.

1909, 490, Part I,
§ 58, amended.

their real estate subject to taxation in that city or town.
It shall also require all persons and corporations, except
corporations making returns to the insurance commissioner
as required by section nineteen of chapter five hundred and
seventy-six of the acts of nineteen hundred and seven, to
bring in to the assessors before a date therein specified,
which shall not be later than the first day of June then
following, unless the assessors for cause shown extend the
time to the first day of July, true lists, similarly itemized,
of all real and personal estate held by them respectively for
literary, temperance, benevolent, charitable or scientific pur-
poses on the preceding first day of April, or at the election
of any such corporation on the last day of its financial j^ear
last preceding said first day of April, and to state the amount
of receipts and expenditures for said purposes during the
year last preceding said days. The notice shall contain the
provisions of section forty-five.

Section 37. Section fifty-four of said Part I, as amended
by section one of chapter six hundred and forty-nine of the
acts of nineteen hundred and thirteen and by section one of
chapter eight hundred and twenty-three of the acts of nine-
teen hundred and thirteen, is hereby further amended by
striking out said section and substituting tlie following : —
Section 5Jf The assessors, except in the city of Boston, may
add to the amount to be assessed not more than five per
cent thereof, although the limit of taxation as fiixed by any
city may by such overlay be exceeded, such amount to be
used only for avoiding fractional divisions of the amount
to be assessed in the apportionment thereof and for abate-
ments granted on account of polls or property assessed in
the year in which the overlay is made or of taxes in the
warrant of which the overlay is a part; but any balance in
the overlay account, in excess of the amount of the warrant
remaining to be collected or abated, shall be transferred to a
reserve fund to be used for extraordinary or unforeseen ex-
penses. In the city of Boston, the assessors, for the purpose
of avoiding fractional divisions of the amount to be assessed
in the apportionment thereof and providing for abatements
granted on account of taxes assessed, may add to the amount
to be assessed not more than five per cent thereof, although
the limit of taxation for that city may by such overlay be
exceeded.

Section 38. Section fifty-eight of said Part I is hereby
amended by striking out the last paragraph, consisting of

General Acts, 1918. — Chap. 257. 247

the words, "In description of lots of land state the number Quartz-sand
of quartz-sand beds, stone quarries and ore beds therein".

Section 39. Section seventy-seven of said Part I is i909, 490, Part i,
hereby amended by striking out, in the fifth and sixth lines,
the words "on the first return day after the expiration of"
and substituting the word "within", — so as to read as
follows: — Section 77. A person aggrieved as aforesaid may, Appeal to
instead of pursuing the remedy provided in the precedmg on refusal to
section, but subject to the same conditions, appeal to the ^ ^^ ^•
superior court for the county in which the property taxed
is situated by entering a complaint in said court within
thirty days from the giving of the notice required by section
seventy-five, which shall be heard and determined as other
court causes by the court sitting without a jury.

Section 40. Section ninety-seven of said Part I is hereby Repeal,
repealed.

Collection of Local Taxes. [Revised Laws,
Chapter 13.]

Section 41. Part II of chapter four hundred and ninety i909, 490, Part
of the acts of nineteen hundred and nine is hereby amended amended.
by striking out section two and substituting the following : —
Section 2. Every collector of taxes, constable, sherift' or Collection and
deputy sheriff, receiving a tax list and warrant from the uSS!^^ °
assessors, shall collect the taxes therein set forth, with
interest, and pay over said taxes and interest to the city or
town treasurer according to the warrant, and shall make
written return tliereof with his tax list and of his doings Return thereof
thereon at such times as the assessors shall in writing re-
quire. He shall also give to the treasurer an account of all
charges and fees collected by him upon each tax in the list.
In towns he shall, on or before the fifth day of each month,
pay over to the town treasurer all money received by him
during the preceding month on account of taxes and interest.

Section 42. Section three of chapter six hundred and 'mLdld ^ ^'
seventy-nine of the acts of nineteen hundred azid thirteen is
hereby amended by inserting after the words "poll taxes",
in the second line, the words: — "interest, charges and
fees", — so as to read as follows: — Section 3. All moneys Disposition of
received by collectors of taxes from the pa\Tnent of poll ^cSvedbytax
taxes, interest, charges and fees as herein provided shall be ''*'"®''*°''^-
accounted for and turned over by said collectors in the
manner provided by law for the accounting and turning over

248

General Acts, 1918. — Chap. 257.

1909, 490, Part
11, § 6,
amended.

Account books,
how provided.

To be open to
inspection.

1909, 490, Part
II, §12,
amended.

Penalty for
failure of tax
collector to pay
over taxes, etc.,
or to exhibit
accounts.

1909, 490, Part
II, § 13, etc.,
amended.

Fees of tax
collector.

To be paid over
to city or town
treasurer.

of collected taxes, and in the settlement of the collector for
taxes committed to him by warrant he shall receive credit
for moneys thus accounted for and turned over by him.

Section 43. Section six of Part II of chapter four hun-
dred and ninety of the acts of nineteen hundred and nine is
hereby amended by striking out said section and substituting
the following: — Section 6. All books kept by the collector
shall be furnished by, and be the property of, the city or
town, and shall at all reasonable times be open to examina-
tion by the auditor of such city or town or by any other
agent thereof duly authorized for that purpose. The collector
shall, upon demand by the mayor, aldermen or selectmen,
exhibit to them or to any persons whom they may designate,
at any time during ordinary business hours, the books,
accounts and vouchers relating to taxes committed to him
for collection and to his receipts and payments on account
of taxes; and they, or the persons designated by them, shall
have full opportunity to examine said books, accounts and
vouchers, and to make copies and extracts therefrom.

Section 44. Said Part II is hereby amended by striking
out section twelve and substituting the following : — Section
12. Every collector who fails to pay over to the city or
town treasurer, as required by law, the taxes and interest
collected by him, or neglects or refuses to exhibit his books,
accounts or vouchers as required by section six, shall be
punished by a fine of not more than three hundred dollars.

Section 45. Section thirteen of said Part II, as amended
by section twenty-two of chapter two hundred and thirty-
seven of the General Acts of nineteen hundred and fifteen,
is hereby further amended by striking out tlie twelftli and
thirteenth paragraphs, reading

"For affidavit, one dollar;

For recording affidavit, Mty cents;"
and substituting the followmg paragraphs: —

For affidavit, twenty-five cents for each parcel of land
included therein;

For recording affidavit, fifty cents for each parcel of land
included therein;

Also by adding at the end of said section the following
paragraph : —

The collector shall pay over to the city or town treasurer,
or account to him for, all charges and fees collected by him
or by a constable, sherifp or deputy sheriff under his direc-
tion; but the city or town shall reimburse or credit him for

General Acts, 1918. — Chap. 257. 249

all expenses incurred by him hereunder, including the lawful

charges and fees of constables, sheriffs and deputy sheriff's

paid or credited by him for collecting taxes; and a city or Collector's pay.

town may pay its collector on a fee or commission basis.

Section 46. Section thirty-six of said Part II, as amended ii?§ 3^6!''eter^
by section two of chapter one hundred and ninety-eight of amended.
the acts of nineteen hundred and fourteen, is hereby further
amended by inserting after the w^ord, "thereof", in the
ninth line the following: ^ — -"but if while such lien is in
force a tax sale or taking has been made, and the deed or
instrument of taking has been duly recorded within thirty
days, but the sale or taking is invalid by reason of any error
or irregularity in the proceedings subsequent to the assess-
ment, the lien shall continue for ninety days after a release,
notice or disclaimer, under sections seventy-one to seventy-
three, inclusive, of Part II, has been duly recorded, or for
ninety days after the sale or taking has been finally adjudged
invalid by a court of competent jurisdiction "; also by adding
at the end of said section the following: — "No tax title
shall be held to be invalid by reason of any errors or irregu-
larities in the proceedings of the collector which are neither
substantial nor misleading", — so as to read as follows: —
Section 36. Taxes assessed upon land, including those Unpaid taxes to

^ ^ .-I • ' Pi- • J. J. be a lien on

assessed under the provisions or sections sixteen, seventeen land, etc.
and eighteen of Part I, shall with all incidental charges and
fees be a lien thereon from the first day of April in the year
of assessment. Such lien shall terminate at the expiration
of two years from the first day of October in said year, if the
estate has in the meantime been alienated, otherwise it shall
continue until an alienation thereof; but if while such lien Tax sale, etc.
is in force a tax sale or taking has been made, and the deed
or instrument of taking has been duly recorded within thirty
days, but the sale or taking is invalid by reason of any error
or irregularity in the proceedings subsequent to the assess-
ment, the lien shall continue for ninety days after a release,
notice or disclaimer, under sections seventy-one to seventy-
three, inclusive, of Part II, has been duly recorded, or for
ninety days after the sale or taking has been finally adjudged
invalid by a court of competent jurisdiction. There shall
be no lien for taxes re-assessed if the property is alienated
before the re-assessment. Said taxes, if unpaid for fourteen
days after demand therefor, may, with said charges and
fees, be levied by sale of the real estate, if the lien thereon
has not terminated. No tax title shall be held to be invalid

250

General Acts, 1918. — Chap. 257.

Tax title not to
be invalid,
when.

Repeal.

1909, 490, Part
11, §42,
amended.

Sale by auction.

Deposit by
purchaser.

1909, 490, Part
II, § 44, etc.,
amended.

Deed to pur-
chaser,
contents.

Title to be held
as security, etc.

Record of deed.

by reason of any errors or irregularities in the proceedings of
the collector Avhich are neither substantial nor misleading.

Section 47. Section seventeen of chapter two hundred
and thirty-seven of the General Acts of nineteen hundred
and fifteen is hereby repealed.

Section 48. Part II of chapter four hundred and ninety
of the acts of nineteen hundred and nine is hereby amended
by striking out section forty-two and substituting the follow-
ing: — Section 4^. If the taxes are not paid, the collector
shall, at the time and place appointed for the sale, sell by
public auction, for the amomit of the taxes and necessary
intervenmg charges, the smallest undivided part of the land
which will bring said amount, or the whole for said amount,
if no person offers to take an undivided part; and may at
such sale require of the purchaser an immediate deposit of
such sum as he shall consider necessary to insure good faith
in the pa;yTnent of the purchase money, and on failure of the
purchaser to make such deposit forthwith, the sale shall be
void and another sale may be made as hereinbefore pro-
vided.

Section 49. Said Part II, as amended by chapter tliree
hundred and seventy of the acts of nineteen hundred and
eleven and by section one of chapter two hundred and thirty-
seven of the General Acts of nineteen hundred and fifteen,
is hereby further amended by striking out section forty-four
and substituting the following : — Section 44- The collector
shall execute and deliver to the purchaser a deed of the land,
which shall state the cause of sale, the price for which the
land was sold, the name of the person on whom the demand
for the tax was made, the places where the notices were
posted, the name of the newspaper in which the advertise-
ment of the sale was published, and the residence of the
grantee, and shall contain a warranty that the sale has in
all particulars been conducted according to law. The deed
shall convey the land to the purchaser, subject to the right
of redemption. The title thus conveyed shall, until re-
demption or until the right of redemption is foreclosed as
hereinafter provided, be held as security for the repajonent
of the purchase price, with all intervenmg costs, terms im-
posed for redemption and charges, with interest thereon,
and the premises conveyed shall also be subject to and have
the benefit of all easements and restrictions lawfully existing
in, upon or over said land or appurtenant thereto when so
taken. Such deed shall not be valid unless recorded within

General Acts, 1918. — Chap. 257. 251

thirty clays after the sale, and if recorded within said time
it shall be prima facie evidence of all facts essential to the
validity of the title thereby conveyed, and this provision
shall apply to deeds executed before as well as since the first
day of July nineteen hundred and fifteen. No sale hereafter
made shall give to the purchaser any right to possession of
the land until tlie expiration of two years after the date of
the sale.

Section 50. Section forty-seven of said Part II is hereby i909, 490, Part
amended by striking out in the eighth and ninth lines the amended.
words " a price not exceedmg", — so as to read as follows: —
Section 1^7. If at the time and place of sale no person bids Collector to
for the land so offered for sale an amount equal to the tax dty*'or^tow°nif
and charges, and if the sale has been adjourned one or more ^^^ ^sufficient.
times, the collector shall then and there make public declara-
tion of the fact; and, if no bid equal to the tax and charges
is then made, he shall give public notice that he purchases
for the city or town by which the tax is assessed, the said
land as offered for sale at the amount of the tax and the
charges and expenses of the levy and sale, which amomit
shall be allowed to him in his settlement with such city or
town.

Section 51. Section fifty-three of said Part II is hereby isoo, 490, Part
amended by striking out m the third, fourth and fifth lines amended.
the words "and all applications for the redemption of the
land conveyed thereby shall be made to such collector or
treasurer respectively", — so as to read as follows: — Section Custody of tax
53, Deeds to a city shall be placed m the custody of its dtyan^ towns.
collector, and to a town in the custody of its treasurer.
Cities and towns may make regulations for the custody, Management,
management and sale of such land and for the assignment of titles? how
tax titles, not inconsistent with law or with the right of '''^suiated.
redemption.

Section 52. Chapter fifty-six of the General Acts of i^5j^5|^[p'-§i'
nineteen hundred and fifteen is hereby amended by striking
out section one and substituting the following : — Section 1 . • Record of affi-
After two years from the taking or purchase by a city or commissioner
town of any lands for non-payment of taxes, the tax com- knd/pir-°^
missioner may, and upon the application in writing of the fofnon-""^ ^'^^^'^
collector shall, inquire into the value of such lands. If the f^^^*^"*^"^
commissioner is of opinion that such lands are of insufficient
value to meet the taxes, interest and charges, and all subse-
quent taxes and assessments thereon, together with tlie ex-
penses of a sale under section sixty-eight of Part II of chapter

252

General Acts, 1918. — Chap. 257.

When collector
may sell lands,
etc.

Deed by
collector.

Disposition of
proceeds, etc.

1909, 490, Part
II, § 59, etc.,
amended.

four hundred and ninety of the acts of nineteen hundred and
nine, if the tax sale or taking took place prior to July first,
nmeteen hundred and fifteen, or of a foreclosure under
chapter two hundred and thirty-seven of the General Acts
of nineteen hundred and fifteen if said sale or taking took
place after said date, he shall make affidavit of such findmg,
which shall be recorded in the registry of deeds for the
district in which the city or town is situated.

Upon the recording thereof the collector may sell all the
parcels included therein, severally or together, at public
auction to the highest bidder, first giving notice of the time
and place of sale by posting a notice of the sale in some con-
venient and public place m the city or town fourteen days
at least before the sale. If the sale under tliis section shall
not be made within two years after the right of redemption
from the tax sale or taking has expired, it shall be made by
the collector for the tune being when he deems best, or at
once upon service upon him of a written demand by any
person interested therein. The collector, actmg for the city
or town, shall execute and deliver to the highest bidder a
deed, without any covenant except that the sale has in all
particulars been conducted according to law. As to any
land sold or taken for taxes prior to July first, nineteen hun-
dred and fifteen, a sale under this section shall bar all rights
of redemption; but as to land sold or taken for taxes on or
after said date, title taken pursuant to a sale under this sec-
tion shall be subject to chapter two hundred and thirty-
seven of the General Acts of nmeteen hundred and fifteen.

If the amount received from a sale under this section is
more than the taxes, interest and charges, and subsequent
taxes and assessments, on all lands included m the sale,
together with the expenses thereof, the balance shall be de-
posited with the city or town treasurer to be paid to the
person entitled thereto, if demanded within five years, other-
wise it shall inure to the city or town. If such surplus results
from the sale of several parcels for a lump sum, it shall be
held as aforesaid for the several owners in proportion to the
prices at which the several parcels were originally taken or
purchased by the city or town. »

Section 53. Section fifty-nine of Part II of chapter four
hundred and ninety of the acts of nmeteen hundred and
nine, as amended by section sixteen of chapter two hundred
and thirty-seven of the General Acts of nineteen hundred
and fifteen, is hereby further amended by striking out at the

General Acts, 1918. — Chap. 257. 253

beginning the words "The owner of" and substituting there-
for the words "Any person having an interest in", and by
striking out at the end thereof the words "and shall be
credited with any rents and profits received by the pur-
chasers", — so as to read as follows: — Section 59. Any Redemption of

!• • A. j.'l]j.l IIP J. title, how made.

person having an niterest ni land taken or sold tor payment
of taxes, including those assessed under the provisions of
sections sixteen, seventeen and eighteen of Part I, or his
heirs or assigns, may, within two years after tlie taking or
sale, redeem the same by paying or tendering to the collector,
if the estate has been taken or purchased by the city or
town, the amount of the tax, all intervening taxes, charges
and fees, and interest on the whole at the rate of eight per
cent per annum; or by paying or tendering to the purchaser,
or his legal representatives or assigns, the original sum and
intervening taxes paid by him and interest on the whole at
the rate of eight per cent per annum. In each case he shall
also pay for examination of the title and for a deed of release
not more than three dollars in the aggregate; and in addition
thereto the actual cost of recording the tax deed or evidence
of taking.

Section 54. Said Part II is hereby further amended by 1909, 490, Part
striking out section sixty-three and substituting the follow- amended,
ing: — Section 63. If proceedings have been commenced Mortgagee may
for the taking or sale of land for a tax assessed thereon, or if when.
the owner of land has neglected to pay such tax within the
year for which it is assessed, the holder of a mortgage thereon
may pay such tax, charges and expenses to the collector;
and the amount so paid may be added to the mortgage debt.

Section 55. Section sixty-four of said Part II is hereby Repeal.
repealed.

Section 56. Said Part II is hereby amended by striking 1909, 490, Part
out section sixty-eight, as amended by section twenty of amlnd^d.*''"
chapter two hundred and thirty-seven of the General Acts
of nineteen hundred and fifteen, and substituting the follow-
ing: — Section 68. If no person withm the time prescribed Saieof

uiirGclGGinGd

by law redeems land taken or purchased by a city or town land taken by
prior to July first, nineteen hundred and fifteen, its collector ^^ ^°^
for the tune being, without any vote or other special au-
thority shall, within two years after the time for redemption
has expired, sell the same by public auction, first giving the
notice required by the provisions of section forty-one for
sales for taxes; and if, from any cause, such sale shall not
be made within two years, it shall be made by the collector

254 General Acts, 1918. — Chap. 257.

when he deems best, or at once upon service upon him of a
Collector' "^^Titten demand by any person having an interest in the

deed, etc.^ land. The collector shall state in his notice of sale the
smallest amount for which the sale will be made, which
shall not be less than the amount named in the collector's
deed or instrument of taking as due when the same was
executed, and interest, charges, and subsequent taxes and
assessments, and shall, for the city or town, execute and
deliver to the highest bidder a deed without any covenant
except that the sale has in all particulars been conducted
according to law. He shall deduct from the proceeds of said
sale the expense thereof and the amount stated in his notice.
The balance shall be deposited with the city or town treas-
urer to be paid to tlie person entitled thereto, if demanded
within five years; otherwise it shall inure to said city or
town.
1909, «o. Part Section 57. Said Part II is hereby further amended by
amended. striking out scctlou seventy-five and substituting the follow-

^n'd°d^^!Stion ^"^- — Section 75. Such lien may be enforced in the manner
of lien. provided in chapter two hundred and ninety-two of the

General Acts of nineteen hundred and fifteen, and acts in
amendment thereof, for enforcing liens on buildings and
land under written contracts for the erection, alteration,
repair or removal of buildings or structures; but shall be
dissolved, unless the person desiring to avail hunself thereof,
or some one in his behalf, subscribes and makes oath to a
certificate setting forth a description, sufficiently accurate
for identification, of the property intended to be covered by
the lien, the names of the several co-tenants and the interest
of each therein, the amount of the tax paid, and the amount
due from each co-tenant, and within thirty days after the
day of pa;vTnent of said tax causes such certificate to be re-
corded in the registry of deeds, and unless a bill in equity to
enforce the lien is commenced within sixty days after the
date of recording said certificate. Such lien shall have
priority over all liens and encumbrances arising after the
filing of the certificate required by this section, but shall not
be valid against a mortgage actually existing and duly re-
corded prior to the recording of said certificate, or against
any lien existmg under section one or section three of said
chapter two hundred and ninety-two, as amended, prior to
the filing of the certificate. No person except the co-tenant
who paid the tax, or a person claimmg by, tlirough or imder

General Acts, 1918. — Chap. 257. 255

him, shall be made a party plamtiff in a bill brought under
this section.

Section 58. Section twenty-six of chapter two hmidred §^26! Im'eLded.
and thirty-seven of the General Acts of nineteen hundred
and fifteen is hereby amended by adding at the end thereof
the words: — but such repeal shall not affect any action or
right of action now existing under said section seventy-six
of Part II of chapter four hmidred and ninety of the acts of
nineteen hundred and nine, — so as to read as follows : —
Section 26. Section seventy-six of Part II of chapter four Repeal.
hundred and ninety of the acts of the year nineteen hmidred
and niiie, chapter five hundred and twelve of the acts of the
year nineteen hundred and nine, and chapter eight hundred
and twenty-four of the acts of the year nineteen hundred and
thirteen, and all other acts and parts of acts inconsistent
herewith are hereby repealed ; but such repeal shall not ^ot to affect

™ . • \\ e • • • 1 -1 any action now

anect any action or right or action now existing under said existing.
section seventy-six of Part II of chapter four hundred and
ninety of the acts of nineteen hundred and nine.

Taxation of Wild or Forest Lands.

Section 59. Section two of chapter five hundred and i^eiided. ^ ^'
ninety-eight of the acts of nineteen hundred and fourteen is
hereby amended by strikmg out all after the word " applica-
tion" in the twenty-nmth line and substituting the follow-
ing paragraph : — The assessors shall forthwith determine Determinations
whether the land is suitable for classification as petitioned o"forIttknds"to
for; and if they so determine, shall within thirty days make assSforel'etc.
separate valuations of the land and of the trees growing
thereon, which shall be valued at their fair cash value on the
stump, hereinafter called stumpage value. The assessors
shall make separate valuations of any buildings on the land.
They may also require the forest warden of the city or town
to assist them in making the aforesaid determinations and
valuations. If the assessors shall determine that the land Appeal to state

lorcstsr

is not suitable for classification as aforesaid, they shall forth-
with give notice thereof to the owner, who may appeal from
such decision to the state forester. The state forester, after
investigation and after hearing the persons interested, shall
decide whether the land is suitable for such classification,
and shall notify the owner and the assessors of his decision.
If he shall decide that the land is suitable for such classifica-

256

General Acts, 1918. — Chap. 257.

1914, 598, § 9,
amended.

Forest
tation tax
applied.

1914, 598, § 26,
amended.

Repeal.

tion, the assessors shall, within thirty days thereafter, make
the aforesaid valuations.

Section 60. Section nine of said chapter five hundred

and ninety-eight is hereby amended by adding at the end

ax.'how" thereof the following: — Any part of such a tract, which is

subject as woodlot to a forest commutation tax, shall remain

subject to said tax in accordance with section seven.

Section 61. Section twenty-six of said chapter five hun-
dred and ninety-eight is hereby amended by strikmg out all
after the word "repealed" in the third line, — so as to read
as follows: — Section 26. Section six of Part I of chapter
four hundred and ninety of the acts of the year nineteen
hundred and nine is hereby repealed.

1916, 269 (G),
§ 6, subsection
(e), amended.

Deduction for
certain losses
within the year,
etc.

1916, 269 (G),
§ 6, subsection
(/), amended.

Deduction for
certain

worthless debts,
etc.

1916, 269 (G),
§ 6, subsection
(g), amended.

Allowance for
certain
tangible
property.

Taxation of Incomes.

Section 62. Section six of chapter two hundred and
sixty-nine of the General Acts of nineteen hundred and
sixteen is hereby amended by striking out subsection (e) and
substituting the following : — {e) Losses from the sale within
the year of capital assets other than intangible personal
property, and losses of capital assets other than stock in
trade sustained within the year by fire, theft or other casualty,
or amounts paid within the year on account of claims in
law or equity incurred in connection with the profession, em-
ploATnent, trade or business, when such losses or amounts
paid are not compensated for by insurance or otherwise.

Section 63. Subsection (/) of said section six is hereby
amended by striking out in the sixth line the words "as
income", — so as to read as follows: — (/) The amount of
any debts receivable arising from the conduct of a profession,
emplo\Tnent, trade or business subsequent to December
thirty-first, nineteen hundred and fifteen, determined by the
person taxed to be worthless and actually charged off during
the year; but no debts receivable shall be so charged off and
deducted, unless they have previously been included as
income in a return made under this act.

Section 64. Subsection {g) of said section six is hereby
amended by insertmg after the word "value" in the second
line the words "less the amomit of all mortgages thereon,"
— so as to read as follows : — ((/) An amount equal to five
per cent of the assessed value, less the amount of all mortgages
thereon, of the stock in trade and other tangible property,
real and personal, owned by the person taxed and used or

General Acts, 1918. — Chap. 257. 257

employed in the profession, employment, trade or business
within or without the commonwealth, on the day as of which
such property is assessed in the year for which the income is
computed. In case any such stock in trade or other tangible
property located without the commonwealth is taxed in
respect of its income, and not in respect of its capital value,
by the taxing district in which it is located in such year, the
tax commissioner may determine its value in any other
manner, and may allow a deduction of an amount equal to
five per cent of the value so determined.

Section 65. Said chapter two hundred and sixty-nine i9i6, 269 (G),
is hereby further amended by striking out subsection (i) of (»),' ame!fded.°
section six and substituting therefor the following new sec-
tion : — Section 6a. Income of the classes specified in the omission of in-
last paragraph of section five shall be omitted from the ^rtfi/ciTssesof
computation of gross income under section six. property, etc.

Section 66. Section nine of said chapter two hundred |^J_\^®e^j,ded!
and sixty-nine is hereby amended by striking out the last
sentence of the first paragraph, — so that said paragraph
shall read as follows : — Section 9. The income received by income from
estates held in trust by trustees, any one of whom is an fuT^t!'
inhabitant of this commonwealth or has derived his appoint-
ment from a court of this commonwealth, shall be subject to
the taxes assessed by this act to the extent that the persons
to whom the income from the trust is payable, or for whose
benefit it is accumulated, are inhabitants of this common-
wealth.

Section 67. Said section nine is hereby further amended |''^^'^^^jj^£^'
by striking out in the first and second lines of the fifth para-
graph the words " authorized under the laws of this common-
wealth to act" and substituting therefor the word "acting",
— so that said paragraph shall read as follows : — Corpora- Corporations

. . . if»i* • j_ acting as trustee

tions actmg as trustee or in any other nduciary capacity to be subject to
shall, with respect to the income received by them in that ^^ ' ^^'^^'^ ' ^ *''
capacity, be subject to the provisions of this act in the same
manner and under the same conditions as individual inhab-
itants of this commonwealth acting in similar capacities,
except that no such corporation shall be taxed on account of
any property the income of which would be taxable under
section two hereof if received by an individual inhabitant,
or on account of the income derived from such property, if
such property is held by such corporation as mortgagee or
pledgee to secure the payment of bonds, notes or other
evidences of indebtedness the interest on which is taxable

258

General Acts, 1918. — Chap. 257

1916. 269 (G),
§ 9, amended.

No allowance on

final account of

estates until,

etc.

1916, 269, (G),

§ 11, amended.

Exemption of
property the in-
come of which is
taxed.

1916, 269 (G),
§ 14, amended.

Disability,
further time to
file return.

Assessment,
how deter-
mined, when no
return is filed,
etc.

1916, 269 (G),
§ 16, amended.

Returns to be
open to inspec-
tion of certain
officials, etc.

under section two of this act to such individual inliabitants
of the commonwealth as receive it, or the principal of which
is exempt from taxation under laws other than this act.

Section 68. Said section nine is hereby further amended
by adding at the end of the last paragraph the following : —
and no fuial account shall be allowed until the taxes imposed
by this act have been paid.

Section 69. Section eleven of said chapter two hundred
and sixty-nine is hereby amended by striking out all of said
section down to the word "provided" in the eleventh line
and substituting the following: — Section 11. Income which
is taxable under the provisions of section five of this act,
and property the uicome of which is taxed under section
two, or would be taxable under said section two if the prop-
erty yielded income, and property held by an executor, ad-
ministrator, trustee or other fiduciary, the income of which
would be taxable under said section two if received for the
benefit of an inhabitant of this commonwealth, shall be
exempt from taxation under the provisions of chapter four
hundred and ninety of the acts of nineteen hundred and
nine and acts in amendment thereof.

Section 70. Section fourteen of said chapter two hun-
dred and sixty-nine is hereby amended by strikmg out the
third paragraph and substituting the following : — In case
of sickness, absence or other disability, the comnnssioner
may allow further time for filmg any return required by this
act. If any person who has failed to file a return, or has
filed an incorrect or insufficient return, and has been notified
by the tax commissioner of his delmquency, refuses or
neglects within twenty days after such notice to file a proper
return, or if any person files a fraudulent return, the com-
missioner shall determme the income of such person, taxable
under this act, according to his best mformation and belief,
and shall assess the same at not more than double the amount
so determined.

Section 71. Section sixteen of said chapter two hundred
and sixty-nine is hereby amended by inserting after the
word "person", in the eighth Ime, the words "but the tax-
payer or his agent", and after the word "order" in the
twelfth line the words ", or for the purpose of criminal
prosecution under the provisions of this act", — so that the
first paragraph of said section shall read as follows: — Section
16. Returns shall be open to the mspection of the tax com-
missioner and of his deputies, assistants and clerks, when

General Acts, 1918. — Chap. 257. 259

acting under his authority, and of the income tax assessors
and of their deputies, assistants and clerks, when acting
under their authority. The disclosure by the tax commis- Penalty for
sioner, or by any deputy, assistant, clerk or assessor, or disclosure.
other employee of the commonwealth, or of any city or
town therein, to any person but the taxpayer or his agent of
any information whatever contamed in or set forth by any
such return, other than the name and address of the person
filing it, except in proceedings to collect the tax or by proper
judicial order, or for the purpose of cruniiial prosecution
under the provisions of this act, shall be pimishable by a
fine not exceeding one thousand dollars, or by imprisonment
for a period not exceeding six months, or by both such fine
and unprisonment, and by disqualification from holding
office for such period, not exceeduig three years, as the court
may determine. Said returns shall be preserved for two
years, and thereafter until the tax commissioner orders
them to be destroyed.

Section 72. Said chapter two hundred and sixty-nine me, 269 (o,
is hereby amended by inserting after section eighteen the |']»|"^«'d' ^f^^r
following additional section: — Section 18a. If any income Liability of
taxable under this act, received by executors, administrators, 1^ n" glecrto '
trustees or other fiduciaries is duly assessed to them here- pay tax.
under and they neglect to pay the same, any such fiduciary
shall be personally liable therefor to the tax commissioner in
an action of contract, and may be allowed in his account for
the amount paid by him.

Section 73. Section nineteen of said chapter two hun- i9i6, 269 (o,
dred and sixty-nine is hereby amended by inserting in the
fifth line of the first paragraph after the word "assessment"
the words " or, if he dies during said three months his executor
or admuiistrator may apply for such abatement within one
month after his appointment", — so that said paragraph
shall read as follows: — Section 19. Any person aggrieved Abatements of
by the assessment of a tax under the provisions of this act
may apply to the tax conmiissioner for an abatement thereof
at any time within three months after the date of the notice
of the assessment, or, if he dies during said three months
his executor or administrator may apply for such abatement
within one month after his appointment; and if, after a
hearing, the tax commissioner is satisfied that the tax is
excessive in amount or that the person assessed is not subject
to the tax, he shall abate the tax in whole or in part accord-
ingly; and if the tax has been paid, the treasurer and re-

260

General Acts, 1918. — Chap. 257.

Proviso.

1916, 269 (G),
S 25, amended.

Return of
namea, etc., of
employees, etc.

Corporations,
etc., to file list of
shareholders,
etc.

ceiver general shall repay to the person assessed the amount
of such abatement, with interest thereon at the rate of six
per cent per annum from the time when it was paid: pro-
vided, however, that no tax assessed upon any person liable
to taxation under this act shall be abated in any event unless
the person assessed shall have filed, at or before tlie time of
bringing his petition for abatement, a return as required by
section twelve of this act; and if he failed without good cause
to file his return within the time prescribed by law, or filed
a fraudulent return, or, having filed an incorrect or insufficient
return, has failed, after notice, to file a proper return, the
tax commissioner shall not abate the tax below double the
amount for which the person assessed was properly taxable
under the provisions of this act. The tax commissioner shall
notify the petitioner by registered letter of his decision upon
the petition.

Section 74. Said chapter two hundred and sixty-nine is
hereby amended by striking out section twenty-five and
substituting the following: — Section 25. Every employer,
being an inhabitant of the commonwealth or having a place
of business therein, shall file annually with the tax com-
missioner a return in such form as he shall from time to time
prescribe, giving the names and addresses of all regular
employees residing in this commonwealth to whom said em-
ployer has paid wages, salary or other compensation in
excess of the sum of eighteen hundred dollars during the
previous calendar year. In any individual case, upon request
of the tax commissioner, the exact wages, salary or other
compensation shall be stated.

Every corporation and every partnership, association or
trust the beneficial interest in which is represented by trans-
ferable shares, doing business in the conmionwealth, unless
the dividends paid upon its shares are exempt from taxation
under section two of this act, shall annually file with the tax
commissioner, in such form as he shall from time to time
prescribe, a complete list of the names and addresses of its
shareholders, together with the number and class of shares
held by each shareholder and the rate of dividends paid on
each class of stock for the preceding calendar year, as of
record on the thirty-first day of December of the previous
year, or on any other date satisfactory to the commissioner,
or in its discretion, of such shareholders as are residents of the
commonwealth.

General Acts, 1918. — Chap. 257. 261

Every corporation, partnership, association or trust doing To eie names,
business in the commonwealth shall report annually to tlie paid interest

T e 1 1 11 p J." J. upon bonds, etc.

tax commissioner, m such lorm as he shall trom time to
time prescribe, the names and addresses of all residents of
the commonwealth to whom it has paid interest during the
preceding calendar year upon its bonds, notes or other evi-
dences of mdebtedness, and to whom it has paid any annuity
or annuities, except, however, interest coupons payable to
bearer, and mcome exempt from taxation under this act.
In any individual case, any such corporation, partnership,
association or trust shall, upon request of the tax commis-
sioner, state the respective amounts of interest and annuities
so paid by it to any person during any calendar year.

The returns, lists and reports required by this section shall returns. °^
be made on or before the first day of March in each year;
but the tax commissioner may authorize them to be made
at any other date and in connection with any other reports
or returns that the said individuals, partnerships, associa-
tions, trusts and corporations may be required to file with
him.

Any individual, partnership, association, trust or corpora- Penalty,
tion that without reasonable excuse fails to comply with this
section shall be punished by a fine of not less than twenty-
five nor more than five hundred dollars for eacli offence.

Taxation of Legacies and Successions.
Section 75. Part IV of chapter four hundred and ninety i909, 490. Part

TV & 94

of the acts of nineteen hundred and nine is hereby amended amended,
by striking out section twenty-four and substituting the
following: — Section 2 A. The treasurer and receiver general The treasurer

111 ^' c \ s> p • ^ and receiver

shall commence proceedmgs tor the recovery 01 any or said general
taxes within six months after the same become payable ; proceedings for
and also whenever the judge of a probate court certifies to p^jSdTaxeT, e"tc.'
him that the final account of an executor, admmistrator or
trustee has been filed in such court, and that the settlement
of the estate is delayed because of the non-payment of said
tax. The probate court shall so certify upon the application
of any heir, legatee or other person interested therein.
Whenever the circumstances of a case require, the probate
court may extend the time for payment of said tax, with or
without interest.

262

General Acts, 1918. — Chap. 257.

Taxation of Corporations.

14.

[Revised Laws, Chapter

Public service
corporations to
file number of
shares held by
non-residents.

Repeal.

1914, 770, § 1,
etc., amended.

Taxation of
transfers of
Btock of
corporations.

Section 76. In lieu of the list of shareholders required
by the third clause of section forty of Part III of said chapter
four hundred and ninety, as amended by chapters three
hundred and seventy-nine of the acts of nineteen hundred
and eleven and four himdred and fifty-seven of the acts of
nineteen hundred and twelve, by section six of chapter one
hundred and ninety-eight of the acts of nineteen hundred
and fourteen, and by section five of chapter one hundred
and eighty-four of the General Acts of nineteen hundred
and eighteen, a railroad, street railway, electric railroad, gas,
electric, water, telephone, telegraph or business corporation
may file a statement of the number of its shares held by
non-residents.

Section 77. Sections seventy-two, seventy-three, sev-
enty-four, seventy-five, seventy-six, seventy-seven and
seventy-nme of said Part III, and section seventy-eight
thereof, as amended by section six of chapter one hundred
and ninety-eight of the acts of nineteen hundred and four-
teen, are hereby repealed.

Taxation of Stock Transfers.

Section 78. Section one of chapter seven hundred and
seventy of the acts of nineteen hundred and fourteen, as
amended by section one of chapter two hundred and thirty-
eight of the General Acts of nineteen hundred and fifteen, is
hereby further amended by inserting after the word "excise"
in the eighteenth line the words "upon the original issue of
shares of stock; nor"; also by inserting in the last line,
after the word "sale" the words "or agreement to sell", —
so as to read as follows: — Section 1. There is hereby im-
posed and there shall immediately accrue and be collected
an excise as herein provided on all sales or agreements to
sell or memoranda of sales or deliveries or transfers of shares
or certificates of stock m any domestic or foreign corporation
made after the first day of December, nineteen hundred
and fourteen, whether made upon or shown by the books of
the corporation, or by any assignment in blank, or by any
delivery, or by any paper or agreement or memorandum or
other evidence of transfer or sale, whether or not entitlmg
the holder in any manner to the benefit of such stock or to

General Acts, 1918. — Chap. 257. 263

secure the future payment of money or the future transfer
of any stock, on each one hundred dollars of face value or
fraction thereof, two cents. It shall be the duty of the
person raakuig or effectuating the sale or transfer to procure,
affix and cancel the stamps and pay the excise imposed by
this act. It is not intended by this act to impose an excise Certain issues,
upon the original issue of shares of stock; nor upon an trSTJIetc,
agreement evidencing the deposit of stock certificates as •'^"'''p*''^'
collateral security for money loaned thereon, which stock
certificates are not actually sold, nor upon such stock certifi-
cates so deposited ; nor upon the transfer of stock certificates
of a deceased person to his executor or administrator; nor
upon the transfer of stock certificates by a trustee to his
successor or co-trustee under the same trust. The pa>Tnent Payment of
of the said excise shall be denoted by an adhesive stamp or denoted by
stamps affixed as follows: in case of sale where the evidence ^"^^'"p- ^'''=-
of transfer is shown only by the books of the company, the
stamp shall be placed upon the said books; and where the
change of ownership is by transfer of a certificate the stamp
shall be placed upon the certificate; and in cases of an
agreement to sell, or where the transfer is by delivery of the
certificate assigned in blank, there shall be made and de-
livered by the seller to the buyer a bill or memorandum of
sale, to which the stamp provided for by this act shall be
affixed; and every such bill or memorandum of sale or
agreement to sell shall show the date thereof, the name of the
seller, the amomit of the sale, and the matter or thing to
which it refers, and no further excise is hereby imposed
upon the delivery of the certificate of stock, or upon the
actual issue of a new certificate when the original certificate
of stock is accompanied by the duly stamped memorandum
of sale or agreement to sell as herein provided.

Militia. [Revised Laws, Chapter 16.]

Section 79. Section thirty-five of chapter three hundred i^'^. 327 (G),
and twenty-seven of the General Acts of nineteen hundred " ' ^^^"^
and seventeen is hereby amended by striking out in the
seventeenth line the words "the provisions of" and the
word "yearly"; by inserting at the end of the eighteenth
line the following: — for each year during which such failure
continues, which shall be recovered upon an information in
equity brought in the supreme judicial court by the attorney-
general at the relation of the adjutant general; also by

264

General Acts, 1918 — Chap. 257.

Cities and
towns to
provide
armories and
headquarters.

Forfeiture.

1917, 327(G),
f 38, amended.

Cities and
towns to
provide

parade grounds,
etc.

Forfeiture.

striking out the word "and" in the nineteenth Hne, — so as
to read as follows: — Section 35. The mayor and aldermen,
or the selectmen, shall provide for each command of the
volmiteer militia, or detachment thereof, not provided with
an armory of the first class, and permanently stationed
within the limits of their respective cities and towns, an
armory, including a suitable hall for the purpose of drill,
and suitable rooms annexed thereto for the meetings of the
command, for administrative work, and for the safe keeping
of military property; and shall also provide for each head-
quarters permanently located within their said limits,
suitable rooms for administrative work, for the assembling
of officers for instruction, and for the safe keeping of military
property; and they shall provide for every such armory and
headquarters the necessary fuel, lights, water, telephone
service, janitor service and necessary repairs, or shall make
a reasonable allowance therefor. Any city or town failing to
comply with this section shall forfeit to the commonwealth a
sum not exceeding five thousand dollars for each year during
which such failure continues, which shall be recovered upon
an information in equity brought in the supreme judicial
court by the attorney-general at the relation of the adjutant
general. Any amount so forfeited shall be credited to the
armory appropriation for the fiscal year in which the forfei-
ture occurs.

Section 80. Said chapter three hundred and twenty-
seven is hereby furtlier amended by striking out section
thirty-eight and substituting the following : — Section 38.
The mayor and aldermen, or the selectmen, shall provide
and maintain for each command of the volunteer militia or
detaclunent thereof permanently stationed within the limits
of their respective cities and towns suitable grounds for
parade, drill and small arms practice, unless such grounds
have been furnished for such command by the common-
wealth. Any city or town failing to comply with this pro-
vision shall forfeit to the commonwealth a sum not exceed-
ing five thousand dollars for each year during which such
failure continues, which shall be recovered upon an informa-
tion in equity brought in the supreme judicial court by the
attorney-general at the relation of the adjutant , general.
Any amount so forfeited shall be credited to the appropria-
tion for small arms practice for the fiscal year in which the
forfeiture occurs. \Vlien two or more commands of the
volunteer militia are permanently stationed in the same city

General Acts, 1918. — Chap. 257. 265

or town, the mayor and aldermen or the selectmen may, if
it be practicable, provide for such conmiands suitable grounds
for parade, drill and small arms practice, to be used by them
in common. Land for drill and parade grounds and for Land for drill,
ranges for small arms practice may be acquired by purchase acquired,
or lease, or may be taken by eminent domain under section
one hundred and eighty-seven of chapter
of the General Acts of nineteen hundred and eighteen.
Cities and towns in which headquarters, commands or de-
tachments of the volunteer militia are permanently stationed
may raise money by taxation or otherwise for the purpose of
acquiring land for drill and parade grounds or ranges for
small arms practice or for the purpose of complying with
the provisions of sections thirty-five and thirty-nine.

Section 81. Subsection (a) of section one hundred and f/esJubiStion
sixty-three of said chapter three hundred and twenty-seven («)• amended.
is hereby amended by striking out the word "horse" in the
first line and substituting the words " riding or draft animal",
— so that said subsection shall read as follows : — (a) An Compensation
owner of a riding or draft animal which is killed or injured injurVo'f^cSaft
while in the custody of a person in the performance of duty *'"™^'-
under the provisions of sections seventeen, twenty-five,
twenty-six, one hundred and forty-six or one hundred and
forty-seven, shall be entitled to receive compensation for the
loss sustained by such death or injury.

NoTAKiES Public and Commissioners. [Revised Laws,
Chapter 17.]

Section 82. Sections two and three of chapter seventeen Repeal,
of the Revised Laws are hereby repealed.

Section 83. Said chapter seventeen is hereby further r. l. i7, § g,
amended by striking out section nine and substituting the *"®"'^®'^-
following : — • Section 9. The governor, with the advice and Commissioners

in other states

consent of the council, may appoint commissioners in the and countries,
states, territories, districts and dependencies of the United
States, and one or more commissioners in every foreign
country, who shall hold office for three years from the date
of their respective appointments.

Section 84. Said chapter seventeen is hereby further r.l.i7,§io,
amended by striking out section ten and substituting the '^^°'^^^-
following: — Section 10. A person who is appointed com- Oath, signature,
missioner in a state, territory, district or dependency of the ^^' ^**''
United States shall, within three months after his appomt-

266

General Acts, 1918. — Chap. 257.

Oath, signa-
ture, seal, etc.

Certificate of
oath of office,
etc., to be
filed with the
secretary.

R. L. 17, § 11,
amended.

Powers and
duties.

ment, take and subscribe an oath before a justice of the
peace or other magistrate of the city or county where he
resides, or before a clerk of a court of record within the
state, territory, district or dependency where he resides,
faithfully to perform the duties of his office, and shall cause
an official seal to be prepared, upon which shall appear his
name, the words, — Commissioner for Massachusetts — and
the name of the state, territory, district or dependency, and
city or county in which he resides. A person who is appointed
commissioner in a foreign country shall, before performing
any duty of his office, take and subscribe an oath before a
judge or clerk of a court of record of the country in which he
resides or before an ambassador, minister or consul of the
United States accredited to such country, faithfully to per-
form the duties of his office. In each case, a certificate of
the commissioner's oath of office and his signature and an
impression of his official seal shall be forthwith transmitted
to and filed in the office of the secretary of the common-
wealth.

Section 85. Said chapter seventeen is hereby further
amended by striking out section eleven and substituting tlie
following: — Section 11. A commissioner may, m his state,
territory, district, dependency or country, administer oaths
and take depositions, affidavits and acknowledgments of
deeds and other instruments, to be used or recorded in this
commonwealth, and the proof of such deeds, if the grantor
refuses to acknowledge the same, all of which shall be certified
by him under his official seal.

General Provisions relative to State Officers.
[Revised Laws, Chapter 18.]

SnMdld^^' Section 86. Chapter eighteen of the Revised Laws is
hereby amended by striking out section one and substituting

Tenure of office, ^hc foUowmg: — SectloTi 1. A pubfic officer appointed for

public officer, any term by the governor, with or without the advice and
consent of the council, shall hold his office during the term
for which he is appointed and until his successor in office has
been appointed and qualified, unless he is sooner removed
in accordance with law. The beginning of the term of office
of a public officer appointed by the governor shall be the
date of his appointment, or, if he is appointed by the governor
with the advice and consent of the council, it shall be the

Qualification. (Jatc of liis Confirmation; but no officer shall enter upon the

General Acts, 1918. — Chap. 257. 267

duties of his office until he is duly qualified as provided by
law.

Section 87. Chapter three hundred and six of the acts loio.soe,
of nineteen hundred and ten is hereby amended by adding
at the end thereof the following : — Whoever violates any Penalty,
provision of this act shall be punished by a fine of not more
than one thousand dollars and shall be disqualified for em-
ployment in any department of the state government.

Section 88. Section five of chapter eighteen of the Re- Repeal,
vised Laws is hereby repealed.

Section 89. Section fifteen of said chapter eighteen is r. l. i8, §i5,
hereby amended by inserting after the word "section" in
the fifth line the words "shall be punished by a fine of not
more than one hundred dollars and", — so as to read as
follows: — Section 15. No person employed in any depart- Employees not
ment shall receive for his own use any fee for copying public ^ ■'^'=®'^® f^*^-
records or documents, or for other services during office
hours, but all fees therefor shall be paid into the treasury of
the commonwealth. Whoever violates the provisions of this Penalty.
section shall be punished by a fine of not more than one
hundred dollars and shall be disqualified for employment in
any department of the state government.

Section 90. Said chapter eighteen is hereby further R. l. is.new
amended by inserting after section fifteen the following : — § is.
Section 15a. Heads of departments, state boards and com- schedule bonds
missions, and trustees of state institutions may arrange for officers, etc.
such schedule bonds as they may deem advisable, which shall
take the place of bonds now required by law of them and
any of their officers and employees. Any such schedule
bond shall be with such surety as is satisfactory to the
governor and council, and the condition shall be that the
officers and employees named in the bond shall faithfully
perform the duties of their offices and employments, together
with such other conditions or provisions as may be required
by law. Premiimis on such bonds shall be paid out of the Premiums,
appropriations for the expenses of the several departments, °^ ^^ '
boards or commissions, and institutions.

Civil Service. [Revised Laws, Chapter 19.1

Section 9L Section one of chapter four hundred and i9i4,486.§i,
eighty-six of the acts of nineteen hundred and fourteen is ^^^^
hereby amended by striking out in the fourth line the words
"engineers, and all", — so as to read as follows: — Section 1. classified civii

service to in-

268

General Acts, 1918. — Chap. 257.

elude persons
in charge of
steam boilers,
etc.

R. L. 19, § 15,

amended.

List of name's of
successful appli-
cants in civil
service
examinations.

1911, 624, § 1,
etc., amended.

Removals,
suspensions and
transfers in
civil service.

Order of re-
moval, etc.,
may be
reviewed by
court.

Court decision
final.

The civil service commissioners shall prepare rules, which
shall take effect when approved by the governor and council
in the manner provided by law, for including within the
classified civil service all persons having charge of steam
boilers, heating, lighting and power plants maintained by
the commonwealth.

Section 92. Chapter nineteen of the Revised Laws is
hereby amended by striking out section fifteen and substi-
tuting the following: — Section 15. When the results of an
examination have been ascertained, the commissioners shall
prepare a list of the applicants who have passed the exami-
nation, with the standing of each; and, within five days after
certification of persons for appointment or employment,
they shall prepare a list of the persons so certified, which
shall be open to public inspection.

Section 93. Chapter six hundred and twenty-four of the
acts of nineteen hundred and eleven, as amended by chapter
two hundred and fifty-one of the General Acts of nineteen
hundred and fifteen, is hereby further amended by striking
out section one and substituting the following: — Section 1.
Every person holding office or employment in the classified
civil service, except members of the district police and of
the police department of the metropolitan park commission,
whether appointed for a definite or stated term, or otherwise,
who is removed therefrom, lowered in rank or compensation,
or suspended, or, without his consent, transferred from such
position to any other, may, after a public hearing, as pro-
vided for by section two of chapter three hundred and
fourteen of the acts of nineteen hundred and four, as amended
by chapter two hundred and forty-three of the acts of nine-
teen hundred and five, and within thirty days after his re-'
moval, suspension, lowering or transfer, bring a petition in
the police, district or municipal court of the judicial district
wherein he resides, praying that the order whereby he was
removed, suspended, lowered or transferred may be reviewed
by the court. After such notice to the officer or board which
made the order as the court may think necessary, it shall
review the action of said officer or board, and hear any
witnesses, and shall affirm the order unless it shall appear
that it was made by said officer or board without proper
cause or in bad faith, in which case tlie order shall be re-
versed and the petitioner reinstated in his position. The
decision of the police, district or municipal court shall be
final and conclusive upon the parties.

General Acts, 1918. — Chap. 257. 269

Section 94. Section five of chapter six hundred of the i9i4. eoo, § s,
acts of nineteen hundred and fourteen is hereby amended by
striking out the word " ten " in the fifth Une and substituting ;

the words "one hundred", and by striking out the word (

"hundred" in the sixth hue and substituting the word
" thousand", — so as to read as follows: — Section 5. When- Penalty for un-
ever it shall appear that any appointing officer has had due mentLfTcfn-^'
notice of unlawful employment of a non-citizen and that the citizen.
said appointing officer has continued such employment for
ten days after such notice, he shall be subject to a fine of
not less than one hundred nor more than one thousand
dollars for each offence.

Retirements and Pensions.

Judges.

Section 95. Chapter one hundred and fifty-eight of the R. l. i58. § lo.
Revised Laws, as amended by chapter one hundred and " °" *"^°
seventy-nine of the acts of nineteen hundred and eight and
by section one of chapter five hundred and forty of the acts
of nineteen hundred and ten, is hereby further amended by
striking out section ten and substituting the following : —
Section 10. A justice of the supreme judicial or superior Retirement of
court, or any judge of the land court or of probate and in- age.
solvency, who, ha\ang attained the age of seventy years and
having served in any or all of said courts for at least ten
consecutive years, resigns his office, shall during the remainder
of his life receive an amount eciual to three fourths of the
salary which is by law payable to him at the time of his
resignation, to be paid by the commonwealth in the same
manner as the salaries of justices or judges of said courts.
A justice of the superior court so resigning may thereafter When retired
perform service with his own consent on the written request slfp^erfor court
of the chief justice of said court. He shall not be counted ™^^ '*''*•
in the number of justices provided by law for the superior
court.

Section 96. Chapter five hundred and twenty-seven of Repeal.
the acts of nineteen hundred and eleven is hereby repealed.

Firemen.

Section 97. Section one of chapter six hundred and i9i3,697,§i,
ninety-seven of the acts of nineteen hundred and thirteen is
hereby amended by striking out the words "permanent or

270

General Acts, 1918. — Chap. 257.

Proviso.

\' call member of the fire department", in the sixth line, and

\ substituting the words "fireman, call fireman or substitute

Retiirement of Call fireman", — so as to read as follows: — Section 1. The

me^pbers of fire n • . .. ...,. ,

departments in tire commissioner or commissioners, m cities having such an
ofiicial, and in other cities the board of aldermen or the
board or body having the powers of aldermen, in all cases
with the approval of the mayor, shall retire from active
service and place upon the pension roll any fireman, call
fireman or substitute call fireman of the city whom the city
physician certifies in writing to be permanently disabled,
mentally or physically, by injuries sustained or illness in-
curred through no fault of his in the actual performance of
duty, from further performing duty as such member; or
any permanent member of said department who has per-
formed faithful service therein for not less than twenty-five
years if in the judgment of said board or official such member
is disabled for useful service in the department: promded,
hoivever, that any permanent member of said department
who has performed faithful service therein for the term of
twenty-five years and has attained the age of sixty years
shall be retired upon his own request.

Section 98. Section two of said chapter six hundred
and ninety-seven is hereby amended by striking out, in the
sixth line, the word "member" and substituting the words
"or substitute call fireman", — so as to read as follows: —
Section 2. Any permanent member of a fire department re-

fetired firemen, tired uudcr the provisioiis of this act shall receive an annual
pension, payable monthly, equal to one half of the annual
salary or other compensation payable to him during the
last year of his service. The compensation of any call or
substitute call fireman retired under the provisions of this
act shall be the same as that of a permanent member of the
first grade of the same department in which he served, or,
if there be no grades, his compensation shall be that of a
permanent member of the department performing duties
like those which he performed.

1913, 697, § 2,
amended.

Annual
pensions to

Police.

membOTs of °^ Section 99. The mayor and aldermen of any city, except
police depart- Bostou, wliich, by votc of its city council, accepts the pro-
cities, except visions of this and the following section or has accepted the
corresponding provisions of earlier laws, and which contains
not less than seventy-five thousand inhabitants according

General Acts, 1918. — Chap. 257. 271

to the latest census, state or national, may retire from active
service and place upon a pension roll any member of the
police department of such city sixty-five years of age or
over who has performed faithful service in said department
for not less than fifteen years, or any member of said depart-
ment whom the city physician of such city certifies in writing
to be permanently disabled, mentally or physically, by
injuries sustained through no fault of his in the actual
performance of duty, from further performing duty as such
member, or any member of said department who has per-
formed faithful service therein for not less than twenty years,
if, in the judgment of said board, he is disabled for useful
service in said department.

Section 100. The amount of the annual pension allowed Annual

, . " pensions to

to any person under the precedmg section shall not exceed retired

1 1,7 p 1 J • -111* 1 policemen.

one hall or the annual compensation received by him at the
time of such retirement, if he is retired by reason of injuries
received, nor exceed one third of such compensation if he is
retired by reason of age or service. Such pensions shall be
paid by the city.

State Retirement Act.

Section 101. Section three of chapter five hundred and paV'csf etc^'
thirty-two of the acts of nineteen hundred and eleven, as amended.
amended by section two of chapter three hundred and sixty-
three of the acts of nineteen hundred and twelve, is hereby
further amended by striking out paragraph (3) and substi-
tuting the following: ^ — (3) No officer elected by popular Membership in

, _„ 1 1 c j-t • x' state retirement

vote may become a member or the association, nor any em- association.
ployee who is or will be entitled to a non-contributory pension
from the commonwealth; but if such employee leaves a
position for which such a pension is provided, before becoming
entitled thereto, and takes a position to which this act
applies, he shall thereupon become a member of the associa-
tion.

Section 102. Paragraph (4) of section three of said ^^V'm^ etc^'
chapter five hundred and thirty-two, as amended by section amended.
two of chapter three hundred and sixty-three of the acts of
nineteen hundred and twelve, is hereby further amended by
inserting after the word "employed", in the fifth line, the
words "or, in case of members appointed by the governor,
upon recommendation of the governor and council", — so
that said paragraph shall read as follows : — (4) Any member Age of ro-
who reaches the age of sixty years and has been in the con- ^''^®™®'^*' ^^°-

272

General Acts, 1918/ — Chap. 257.

1911,532, §4,
par. (3), etc.,
amouded.

Control of funds
of the system.

1911,532, §5,
par. (2) B (6),
amended.

Common-
wealth's
contribution to
annuity fund.

1911, 532, § 6,
par. (2) B (6),
amended.

Annuity from

employees'

deposits.

Proviso.

tinuous service of the commonwealth for a period of fifteen
years immediately preceding may retire or be retired by the
board of retirement upon recommendation of the head of
the department in which he is employed, or, in case of mem-
bers appointed by the governor, upon recommendation of
the governor and council, and any member who reaches the
age of seventy must so retire.

Section 103. Section four of said chapter five hundred
and thirty- two, as amended by section three of chapter
three hundred and sixty-three of the acts of nineteen hundred
and twelve, is hereby further amended by striking out
paragraph (3) and substituting the following: — (3) Subject
to the approval of the board of retirement, the treasurer and
receiver general shall have charge and control of the funds
of the system and any and all unappropriated income thereof,
and shall invest and reinvest the same when not required for
current disbursements, in accordance with chapter one hun-
dred and ninety-two of the General Acts of nineteen hundred
and sixteen.

Section 104. Section five of said chapter five hundred
and thirty-two is hereby amended by striking out paragraph
(2) B (b) and substituting the following : — (6) Each year
the commonwealth shall contribute such amount as is neces-
sary to guarantee regular interest and make good any de-
ficiency in the annuity fund, as of the preceding thirty-first
day of December.

Section 105. Paragraph (2) B (b) of section six of said
chapter five hundred and thirty-two is hereby amended by
striking out the words "regular interest", in the fourth and
fifth lines, and substituting the following: ^ — ^ such interest
as shall have been earned thereon, — and by adding at the
end thereof the following : — provided that this form of
annuity shall not be paid unless the amount of his accumula-
tions will provide an annuity of one hundred dollars or
more, — so that said paragraph shall read as follows: —
(b) A life annuity, payable monthly, with the provision that
in the event of the death of the annuitant before receiving
pa^onents equal to the sum, at the date of his retirement, of
his deposits under section five, (2) A, with such interest as
shall have been earned thereon, the difference shall be paid
to his legal representatives, provided that this form of
annuity shall not be paid unless the amount of his accumu-
lations will provide an annuity of one hundred dollars or more.

General'Acts, 1918. — Chap. 257. 273

Section 106. Paragraph (2) C (a) of section six of said pa"•(|?c^%.
chapter five hundred and thirty-two is hereby amended by amended,
uisertmg after the word "annuity", in the fourth Une, the
words "to which he would be entitled if his annuity were
figured mider (2) B (a) of this section", and by adding at
the end thereof the following : — For the purpose of com-
puting tlie pension for subsequent service of any member who
has left a position m the service of the commonwealth for
which a non-contributory pension is provided to take a
position subject to this act, he shall be credited with regular
accimmlated contributions to the annuity fund during his
period of service m said former position since June first,
nineteen hundred and twelve, — so that said paragraph shall
read as follows: — (a) Pensions based upon subsequent Jensions^^^
service. Any member entitled to an annuity under para- ointributiona
graph (2) B of this section shall receive in addition tliereto a commonwealth.
pension for life payable monthly equivalent to that annuity
to which he would be entitled if his annuity were figured
under (2) B (a) of this section, to be paid out of the fund
contributed by the commonwealth under the provisions of
section five, (2) B (a). For the purpose of computing the HowTOmputed
pension for subsequent service of any member who has left cases.
a position in the service of the commonwealth for which a
non-contributory pension is provided to take a position
subject to this act, he shall be credited with regular accmnu-
lated contributions to the annuity fund during his period of
service in said former position since June first, nineteen hun-
dred and twelve.

Section 107. Paragraph (2) C (&) of section six of said ;,l'r''(|ffc^&.
chapter five hundred and thirty-two, as amended by section etc., amended.
four of chapter three hundred and sixty-three of the acts of
nineteen hundred and twelve, is hereby further amended by
inserting after the word "average", in the third line of the
fourth paragraph of said paragraph, the words " annual rate
of", — so that said fourth paragraph shall read as follows:
— If the accimiulated contributions of any employee retired ^oTribuUonl
under the provisions of this act exceed the amount required
to provide an annuity equal to one fourth of the average
annual rate of wages or salary of such employee during tlie
last ten years prior to his retirement, the excess above that
amount shall be paid to such employee in a lump sum with
the first monthly payment on the account of his retiring
allowance.

274

General Acts, 1918. — Chap. 257.

1911, 532, §6,
par. (2) E,
amended.

Minimum and

maximum

payments.

1911, 532, §9,
amended.

Proceeding in
cases of
violation of law,

1914, 419, § 1,
amended.

Retirement of
certain em-
ployees of the
commonwealth
for permanent
disability.

Proviso.

Decision final.

Section 108. Section six of said chapter five hundred
and thirty-two is hereby amended by striking out paragraph
(2) E and substituting the following: — E. Minimum and
Maximum Payments. — In no case shall the total monthly
payment to a member be at a rate less than two hundred
dollars per year, or at a rate more than one half the average
annual rate of salary or wages of such member during the
ten years prior to his retirement.

Section 109. Section nine of said chapter five hundred
and thirty-two is hereby amended by inserting after the
word "neglect" in the seventh line the words "on the part
of the board of retirement", — so as to read as follows: —
Section 9. If, in the judgment of the insurance cormnissioner,
the commonwealth or the board of retirement has violated
or neglected to comply with any of the provisions of this act,
or of the rules and regulations established by the board of
retirement hereunder, he shall give notice thereof to the
governor of the commonwealth and to the board of retire-
ment, and thereafter if such violation or neglect on the part
of the board of retirement contmues shall forthwith present
the facts to the attorney-general for his action.

Section 110. Chapter four hmidred and nineteen of the
acts of nineteen hundred and fourteen is hereby amended by
striking out section one and substituting the following : —
Section 1. Any employee of the commonwealth subject to
and affected by chapter five hmidred and thirty-two of tlie
acts of nineteen hundred and eleven and amendments
thereof may, after fifteen years of continuous service, be
retired for permanent disability at a yearly rate of not more
than one half of his salary, based on the average annual rate
of salary received during the last ten years of service: yro-
mded, however, that the minimum amount be not less than
two hundred dollars and that the tables now in use by the
board of retirement be used m determining the amount to
be paid, and the board of retirement may call upon the chief
surgeon of the land forces of the commonwealth, or, if he is
absent or unable to act, may employ a physician to assist it
in determinuig the degree of disability. The decision of the
board of retirement shall be final.

1913, 832, § 5,
par. (2),
amended.

Teachers' Retirement Act.

Section 111. Paragraph (2) of section five of chapter
eight hundred and thirty-two of the acts of nineteen hundred
and thirteen is hereby amended by striking out the third

General Acts, 1918. — Chap. 257. 275.

sentence thereof and substituting the following sentence : —
The rate of assessment shall be established by the retirement l^eLment.
board on the first day of July of each year after a prior
notice of at least three months, and shall at any given time
be uniform for all members of the retirement association,
and shall not be less than three per cent nor more than seven
per cent of the member's salary: provided, however, that when Proviso.
the total sum of assessments on the salary of any member
at the rate established by the retirement board would amount
to more than one hundred dollars or less than thirty-five
dollars for a full school year, such member shall in lieu of
assessments at the regular rate be assessed at the rate of one
hundred dollars a year or thirty-five dollars a year as the
case may be, payable in equal instalments to be assessed for
the number of months during which the schools of the com-
munity in which such member is employed are commonly
in session.

Section 112. The last sentence of paragraph (2) of pa/'(|f•^^•
section five of said chapter eight hundred and thirty-two is amended.
hereby amended by striking out the words "so electing", in
the first line of said sentence, and substituting the word
", however," — so that said sentence shall read as follows:
— No member, however, shall pay further assessments after no further
the total sum of assessments paid by him shall at any time ^^^^^^'^^^t^'
have amounted, with regular interest, to a sum sufficient to
purchase an annuity of five hundred dollars at age sixty;
and interest thereafter accruing shall be paid to the member
at the time of his retirement.

Section 113. Section six of said chapter eight hundred par^'(if'^^'
and thirty-two is hereby amended by striking out paragraph amended.
(1) and substituting the following: — (1) Any member of ^Imbera^may
the retirement association may retire from service in the be retired.
public schools on attaining the age of sixty years, or at any
time thereafter. If in the opinion of the employing school
committee any member of the retirement association who has
attained said age is incapable of rendering satisfactory service
as a teacher he may with the approval of the retirement
board be retired by such committee.

Section 114. Section six of said chapter eight hundred par^'(4f ■ ^ '''
and thirty-two is hereby amended by striking out paragraph amended.
(4) and substituting the following: — (4) Any member of p^™^^* °f ''«-
the retirement association receiving payments of an annuity allowances.
as provided in paragraph (3) of this section, if not rendered
ineligible therefor by section twelve of this act, shall receive
with each quarterly payment of his annuity an amount

276

General Acts, 1918. — Chap. 257.

1913, 832, § 6,
par. (5),
amended.

Retirement
allowances to
certain
teachers.

from the pension fund as directed by the retirement board
equal to the quarterly annuity payment to which he would
be entitled if his annuity were figured under the provisions
of paragraph (3) (a) of this section.

Section 115. Section six of said chapter eight hundred
and thirty-two is hereby amended by striking out paragraph
(5) and substituting the following : — (5) Any teacher who
shall have become a member of the retirement association
under paragraph (2) of section three, and who shall have
served fifteen years or more in the public schools of the com-
monwealth, not less than five of which shall immediately
precede retirement, on retiring as provided in paragraphs (1)
and (2) of this section, shall be entitled to receive a retire-
ment allowance as follows : — (a) such annuity and pension
as may be due under paragraphs (3) and (4) of this section;
(b) an additional pension to such an amount that the sum of
this additional pension and the pension provided in para-
graph (4) of this section shall equal the pension to which he
would have been entitled under this act if he had paid thirty
assessments on his average yearly rate of salary for tlie
fifteen years of public school service preceding his retire-
ment, at tlie rate of assessment in effect at the time of his
retirement, and his account had been annually credited with
interest at the rate of three per cent per annum; provided,
that if his term of service in the conmionwealth shall have
been over thirty years, the thirty assessments witli interest
as provided above shall, subject to the limitation contained
in the last sentence of paragraph (2) of section five, be
credited with interest at the rate of three per cent com-
pounded annually for each year of service in excess of thirty,
and provided, further, that the minimum pension shall be of
such an amount that the annual pension, plus the annual
amount which would ha.ve been paid from the annuity fund
if the member had chosen an annuity computed under
paragraph (3) (a) of this section, shall be three hundred
dollars. Subject to the approval of the board, periods of
leave of absence or sickness shall not be considered as break-
ing the five years of service unmediately preceding retire-
ment required under this paragraph, but such periods of
absence or sickness shall not be counted as service. If a
member is at any time eligible to retire and receive a pension
computed under this paragraph, he shall receive upon retire-
ment a pension computed hereunder without the necessity
of five years of continuous service preceding Tetirement.

General Acts, 1918. — Chap. 257. 277

Section 116. Said chapter eight hundred and thirty- i9i3,832

. , , 111* j^-jipii • • amonded, new

two IS hereby amended by insertmg the lohowmg new section, section, isa.
to be numbered 13a: — Section 13a. If, in the judgment of ^^Js'i^'^f '"^ '"
the insurance commissioner, the commonwealth or the board violation of law.
of retirement has violated or neglected to comply with any
of the provisions of tliis act, or the rules and regulations
established by the board hereunder, he shall give notice
thereof to the governor and to the board, and thereafter, if
such violation or neglect on the part of the board continues,
shall forthwith present the facts to the attorney-general for
his action.

County Retirement Act.

Section 117. Paragraph (1) of section three of chapter i9n,634, §3.
six hundred and thirty-four of the acts of nineteen hundred amended.
and eleven is hereby amended by striking out the words
"local election commissioners or the officers corresponding
thereto ", in the eightli and ninth lines, and substituting the
words "county commissioners or officers performing their
duties", — so as to read as follows: — (1) All employees of ^rement"^^'
the county, on the date when the retirement system is de- association,
clared established by the issue of the certificate, as provided
in section two, may become members of the association. On
the expiration of thirty days after said date every such em-
ployee shall be considered to have elected to become, and
shall thereby become, a member, unless he shall have, within
that period, sent notice in writing to the county commis-
sioners or officers performing their duties that he does not
wish to join the association.

Section 118. Paragraph (1) of section four of said pa"'S'^*'
chapter six hundred and thirty-four is hereby amended by amended.
striking out in tlie tliirteenth, fourteentli, fifteenth and
sixteenth lines the words "The first person so chosen or ap-
pointed as third member shall serve for two years; otherwise
and thereafter the term of office of the two elected members
shall be three years" and substituting therefor tlie following:
— The initial terms of tlie second and third members shall
be two years, thereafter their terms shall be three years, —
so that said paragraph shall read as follows: — (1) The Board of

,(•,1 ,• , , ' 1 1 , 1 • retirement,

management or tiie retirement system is hereby vested in how
the board of retirement, consisting of three members, one of '^''"^''ituted.
whom shall be the county treasurer; the second member
shall be a member of the association elected by tlie latter
within sixty days after the date when the retirement system

278

General Acts, 1918. — Chap. 257.

Term of
office, etc.

1911. 634, § 5,
par. (1),
amended.

Expense and

contingent

fund.

1911, 634, § 5,
par. (2) B (6),
amended.

County's
contribution to
annuity fund.

1911, 634, § 6.
par. (2) B (6),
etc., amended.

Annuity from

employees'

deposits.

Proviso.

is declared established by the issue of the certificate pro-
vided for by section two, in a manner to be determined by
the county commissioners; the third member shall be chosen
by the other two members. In case of the failure of the
latter to choose the third member within thirty days after
the election of the second member, the chairman of the
county commissioners shall appoint such third member.
The initial terms of the second and third members shall be
two years, thereafter their terms shall be three years. On a
vacancy occurring in the board for any cause or on the ex-
piration of the term of office of any member, a successor of
the person whose place has become vacant or whose term
has expired shall be chosen in the same manner as was his
predecessor.

Section 119. Section five of said chapter six hundred
and thirty-four is hereby amended by striking out paragraph

(1) and substituting the following: — (1) Expense mid Con-
tingent Fund. — The county shall annually expend, from the
amount appropriated therefor by the general court, such
sum as may be necessary to defray the whole expense of ad-
ministration, according to estimates prepared by the county
treasurer and by him submitted to the county commissioners,
who shall include the same in their estimates required by
section twenty-seven of chapter twenty-one of the Revised
Laws, and acts in amendment thereof.

Section 120. Section five of said chapter six hundred
and thirty-four is hereby amended by striking out paragraph

(2) B ih) and substituting the following: — ■ (b) Each year
the county shall contribute such amount as is necessary to
guarantee regular interest and make good any deficiency in
the annuity fund, as of the preceding thirty-first day of
December.

Section 121. Paragraph (2) B (6) of section six of said
chapter six hundred and thirty-four, as amended by section
two of chapter one hundred and four of the General Acts of
nineteen hundred and eighteen, is hereby further amended
by striking out said paragraph and substituting the following :
— (6) A life annuity, payable monthly, with the provision
that in the event of the death of the annuitant before re-
ceiving payments equal to the sum at the date of his retire-
ment of his deposits under section five, (2) A, with such
interest as shall have been earned on such deposits, the
difference shall be paid to his legal representatives, provided
that this form of annuity shall not be paid unless the amount

General Acts, 1918. — Chap. 257. 279

of his accumulations will provide an annuity of one hundred
dollars.

Section 122. Paragraph (2) C (a) of section six of said par''(2^cy),
chapter six hundred and thirty-four is hereby amended by amended,
inserting after the word "annuity" in the fourth line the
words "to which he would be entitled if his annuity were
figured under (2) B (a) of this section", — so that said
paragraph shall read as follows: — (a) Pensions based upon Pensions
subsequent service. Any member entitled to an annuity c^ntTfbutioM
under paragraph (2) B of this section shall receive in addition wunty.
thereto a pension for life payable monthly equivalent to
that annuity to which he would be entitled if his annuity
were figured under (2) B (a) of this section, to be paid out of
the fund contributed by the county under the provisions of
section five, (2) B (a).

Section 123. Paragraph (2) C (6) of section six of said ^a"'(2fc^6)
chapter six hundred and thirty-four, as amended by section etc., amended.
three of chapter eight hundred and seventeen of the acts of
nineteen hundred and thirteen, is hereby further amended
by inserting after the word "average", in the third line of
the third paragraph of said paragraph, the words "annual
rate of", — so that said third paragraph shall read as fol-
lows: — If the accumulated contributions of any employee Accumulated
retired under the provisions of this act exceed the amount '^^ " " '°°^'
required to provide an annuity equal to one fourth of the
average annual rate of wages or salary of such employee
during the last ten years prior to his retirement, the excess
above that amount shall be paid to such employee in a gross
sum with the first monthly payment on the account of his
retiring allowance.

Section 124. Section six of said chapter six hundred and pa^'d^E!^'
thirty-four is hereby amended by striking out paragraph amended.
(2) E and substituting the following: — E. Minimum and
Maximum Payments. — In no case shall the total monthly Minimum and
payment to a member be at a rate less than two hundred payments.
dollars per year, or at a rate more than one half the average
annual rate of wages or salary of such member during the
ten years prior to his retirement.

Section 125. Section nine of said chapter six hundred amendtd.^^'
and thirty-four is hereby amended by inserting after the
word "county", in the sixth line, the word "commissioners",
— so as to read as follows: — Section 9. If, in the judgment Proceedings in
of the insurance commissioner, the county or the board of vfoStTonsof
retirement has violated, or neglected to comply with, any ^^'

280

General Acts, 1918. — Chap. 257.

provision of this act, or any rule or regulation established
by the board of retirement hereunder, he shall give notice
thereof to the county commissioners and to the board of re-
tirement, and thereafter if such violation or neglect con-
tinues shall forthwith present the facts to the attorney-
general for his action.

1910, 619, § 3,
par. (1), etc.,
amended.

City or town
retirement
association,
organization.

1910, 619, § 4,
par. (1), etc.,
amended.

Board of
retirement,
how
constituted.

City and Town Pensions.

Section 126. Paragraph (1) of section three of chapter
six hundred and nineteen of the acts of nineteen hundred
and ten, as amended by section three of chapter three hundred
and tliirty-eight of the acts of nineteen hundred and eleven,
is hereby further amended by striking out the words "local
election commissioners or the officers corresponding thereto",
in the eighth and ninth lines, and substituting the words
"city council or board of selectmen", — so that said para-
graph will read as follows: — (1) All employees of the city
or town, on the date when the retirement system is declared
established by the issue of the certificate, as provided in
section two, may become members of the association. On
the expiration of thirty days from said date every such em-
ployee shall be considered to have elected to become, and
shall thereby become, a member, unless he shall have, within
that period, sent notice in writing to the city council or
board of selectmen that he does not wish to join the associa-
tion.

Section 127. Paragraph (1) of section four of said
chapter six hundred and nineteen, as amended by section
four of chapter three hundred and thirty-eight of the acts of
nineteen hundred and eleven, is hereby further amended by
striking out the words "local election commissioners or the
officers corresponding thereto", in the nintli and tenth lines,
and inserting in place thereof the words: — city council or
board of selectmen, — and by striking out the words "The
first person so chosen or appointed as third member", in the
fourteenth and fifteenth lines, and inserting in place thereof
the words : — The initial second and third members, — so
that said paragraph will read as follows: " — (1) The manage-
ment of the retirement system is hereby vested in the board
of retirement, consisting of three members, one of whom
shall be the city or town treasurer; the second member shall
be a member of the association elected by the latter within
sixty days after the date when the retirement system is

General Acts, 1918. — Chap. 257. 281

declared established by the issue of the certificate, as pro-
vided by section two, in a manner to be determined by the
city council or board of selectmen; tlie third member shall
be chosen by the other two members. In case of the failure
of the latter to choose the third member within thirty days
after the election of the second member, the mayor or the
chairman of the board of selectmen shall appoint such third
member. The initial second and third members shall serve Term of
for two years; otherwise and thereafter the term of office of ° "'*' ^ *''
the two elected members shall be three years. On a vacancy
occurring in the board for any cause or on the expiration of
the term of office of any member, a successor of the person
whose place has become vacant or whose term has expired
shall be chosen in the same manner as was his predecessor.

Section 128. Section five of said chapter six hundred ^^^^^f^W^:
and nineteen is hereby amended by striking out paragraph etc.', amended.
(2) B (6), as amended by section five of chapter three hun-
dred and thirty-eight of the acts of nineteen hundred and
eleven, and substituting the following: — (6) Each year in Contribution of
February the city or town shall contribute such amount as ^nuTty fund. °
is necessary to guarantee regular interest and make good
any deficiency in the annuity fund as of the preceding thirty-
first day of January.

Section 129. Paragraph (2) B (6) of section six of said ^^^°-f^^-^%.
chapter six hundred and nineteen, as amended b}'' section etc.'. amended,
six of chapter three hundred and thirty-eight of the acts of
nineteen hundred and eleven, is hereby further amended by
adding at the end thereof the following: — provided that Proviso.
this form of annuity shall not be paid unless the amount of
his accumulations will provide an annuity of one hundred
dollars or more.

Section 130. Paragraph (2) C (a) of section six of said par°'(2)c?at.
chapter six hundred and nineteen, as amended by section etc., amended.
six of chapter three hundred and thirty-eight of the acts of
nineteen hundred and eleven, is hereby further amended by
inserting after the word "annuity", in the fourth line, the
words : — to which he would be entitled if his annuity were
figured under (2) B («) of this section, — so that said para-
graph will read as follows : — (a) Pensions based upon subse- pensions
quent service. Any member entitled to an annuity under contTfbutions
paragraph (2) B, of this section, shall receive in addition byc^tyor
thereto a pension for life payable monthly equivalent to that
annuity to which he would be entitled if his annuity were
figured under (2) B (a) of this section, to be paid out of the

282

General Acts, 1918. — Chap. 257.

1910, 619, § 6,
par. (2) E, etc.
amended.

Minimum and

maximum

payments.

1910, 619, §6,
etc., amended,
new
paragraph.

Accumulated
contributions.

1910, 619, § 9,
amended.

Proceedings in
cases of
violations of
law.

fund contributed by the city or town under the provisions of
section 5, (2) B (a).

Section 131. Section six of said chapter six hundred and
nineteen, as amended by section six of chapter three hundred
and thirty-eight of the acts of nineteen hundred and eleven,
is hereby further amended by striking out paragraph (2) E
and substituting the following: — E. Minimum and Maxi-
mum Payments. — In no case shall the total monthly pay-
ment to a member be at a rate less than two hundred dollars
a year, or at a rate more than one half the average annual
rate of wages or salary of tlie member during the ten years
prior to his retirement.

Section 132. Section six of said chapter six hundred and
nineteen, as amended by section six of chapter three hundred
and thirty-eight of the acts of nineteen hundred and eleven,
is hereby further amended by adding at the end thereof the
following new paragraph : — If the accumulated contribu-
tions of any employee retired under the provisions of this
act exceed the amount required to provide an annuity equal
to one fourtli of the average annual rate of wages or salary
of such employee during the last ten years prior to his re-
tirement, the excess shall be paid to such employee in a gross
sum with the first montlily payment on the account of his
retiring allowance.

Section 133. Section nine of said chapter six hundred
and nineteen is hereby amended by striking out the words
"city or town", in the sixth line, and substituting the words:
— mayor or the chairman of the board of selectmen, — so as
to read as follows : — Section 9. If, in the judgment of the
insurance commissioner, the city or town or the board of
retirement has violated or neglected to comply with any of
the provisions of this act, or of the rules and regulations
established by tlie board of retirement hereunder, he shall
give notice thereof to the mayor or the chairman of the
board of selectmen and to the board of retirement, and
thereafter if such violation or neglect continues, shall forth-
witli present the facts to the attorney-general for his action.

Money due
estates of
deceased mem-
bers of retire-
ment associa-
tions, to whom
payable.

Miscellaneous Provisiofis.

Section 134. Should there be due to the estate of a
deceased member of any of the several retirement associa-
tions established by chapter six hundred and nineteen of the
acts of nineteen hundred and ten, by chapters five hundred

General Acts, 1918. — Chap. 257. 283

and thirty-two and six hundred and thirty-four of the acts
of nineteen hundred and eleven, and by chapter eight hun-
dred and thirty-two of the acts of nineteen hundred and
thirteen, any sum of money payable from tlie funds of the
association, the same shall be paid to his executor or ad-
ministrator appointed within three montlis after the death
of such deceased member; but if there is no executor or ad-
ministrator, said sum may, in the discretion of the respective
retirement board, not exceeding one hundred dollars in any
one case, be paid to the person or persons appearing in the
judgment of said board to be entitled thereto, and such pay-
ment shall be a bar to recovery by any other person.

Section 135. Chapter six hundred and fifty-seven of the iQis, 657, §i,
acts of nineteen hundred and thirteen, as amended by
chapter eighty-eight of the General Acts of nineteen hundred
and sixteen, is hereby amended by striking out section one
and substitutmg the following: — Section 1. No person. Certain

1 .i . . . •, p ,1 pensioners, or

while receivmg a pension or an annuity irom the common- annuitants not
wealth, or from any county, city or town, except teachers any se^rvice,°'^
who on March thirty-first, nineteen hundred and sixteen, except, etc.
were receiving annuities not exceeding one hundred and
eighty dollars per annum, shall, after the date of the first
payment of such annuity or pension, be paid for any service,
except jury service, rendered to the commonwealth, county,
city or town, from whose treasury said pension or annuity is
payable.

Section 136. Section tliree of chapter five hundred and amendtd.^ ^'
fifty-nine of the acts of nineteen hundred and ten is hereby
amended by adding at the end thereof the following : — No Assignment of

• _l(" 'Ij' J ' ^ p ^ e • pension, etc.,

assignment or any right m or to said funds or or any pension, invalid, except,
annuity or endowment payable under this act shall be valid,
except as provided in section one.

Counties and County Commissioners. [Revised Laws,
Chapter 20.]

Section 137. Section eleven of chapter twenty of the Repeal.
Revised Laws is hereby repealed.

Section 138. Section twenty-seven of said chapter r. l. 2o,§27,
twenty is hereby amended by striking out the first sentence ^™®°'^®^-
and substituting the following: — All contracts exceeding Contracts to be
eight hundred dollars in amount made by them for building, pro^CsaL^afe"
altering, furnishing or repairing public buildings, or for the '^^"^*^'
construction or repair of public works, or for the purchase of

284

General Acts, 1918. — Chap. 257.

supplies, shall be In writing, after notice inviting bids therefor
has been posted for at least one week in a conspicuous place
in each county building in which the commissioners have an
office, and has been advertised at least three times in a
newspaper, if any, published in the city or town wherein the
public building, bridge, highway or public work or institu-
tion to be supplied in accordance with the contract is or is
to be situated; otherwise in any newspaper of general cir-
culation in the county.

R. L. 21, § 20,
etc., amended.

County
treasurer may
sue on bonds,
etc.

R. L.21,§31,
amended.

Recovery of
county tax from
delinquent city
or town.

Repeal.

R. L. 21,§40,
amended.

Proposals for
purchase of
bonds, etc., for
county loans, to
be advertised.

County Finances. [Revised Laws, Chapter 21.]

Section 139. Section twenty of chapter twenty-one of
the Revised Laws, as affected by section two of chapter two
hundred and seventy-seven of the acts of nineteen hundred
and four, is hereby amended by striking out the said section
and substituting the following: — Section 20. A county
treasurer may prosecute suits upon bonds, notes and other
securities given to or held by the county or its treasurer.
He may also prosecute for injuries done to the land, buildings
or other property of his county, subject to section two of
chapter two hundred and seventy-seven of the acts of nine-
teen hundred and four.

Section 140. Section thirty-one of said chapter twenty-
one is hereby amended by adding at the end thereof the
following: — The selectmen or assessors, respectively, shall
return a certificate of the names of the treasurers of tlieir
several cities and towns, with the sum which each may be
required to collect, to the county treasurer within the time
fixed by the warrant of the county commissioners, and if
said sum is not paid to the county treasurer within five
months after the receipt of the warrant of the county com-
missioners, its amount may be recovered of tlie delinquent
city or town in an action of contract.

Section 141. Section thirty-six of chapter twenty-one of
the Revised Laws is hereby repealed.

Section 142. Section forty of said chapter twenty-one is
hereby amended by inserting after the word "is", in the
ninth line, the words : — made or, — so as to read as follows :
— Section 40. If notes, bonds or certificates of indebtedness
increasing the indebtedness of a county have been authorized
and are to be issued, the county commissioners shall invite
proposals for the purchase thereof by advertisements in
two or more newspapers published in said county, if such

General Acts, 1918. — Chap. 257. 285

there be, and by advertisements in at least three daily
newspapers pubUshed in the city of Boston. They shall
reserve the right to reject any and all bids. The bids shall
be opened in public and a record thereof shall be made in
their records. If no proposal is made or accepted they may
award the whole or any part of the loan to any person.

Registers of Deeds. [Revised Laws, Chapter 22.]

Section 143. Section seven of chapter twenty-two of ||;c^ameided
the Revised Laws, as amended by section five of chapter five
hundred and forty-four of the acts of nineteen hundred and
two, is hereby further amended by striking out the said
section and substituting the following : — Section 7. Each dJffjfto bf
register of deeds shall be sworn before the county commis- |^°^" ^"^^ sive
sioners, or in the county of Suffolk before the city council of
Boston, and shall give bond to the county for the faithful
performance of his official duties and those of his assistant
registers, with such sureties and in such sum as the commis-
sioners or said city council, respectively, shall approve.

Sheriffs. [Revised Laws, Chapter 23.]

Section 144. Chapter twenty-three of the Revised Laws R. l. 23, § 4,
is hereby amended by striking out section four and substitut- ^'^""^
ing the following: — Section 4- If? by reason of illness, Duties of special
absence, interest or other cause, the sheriff is unable to ^ °" "'
perform the duties of his office, the special sheriff shall act as
sheriff; and his compensation tlierefor, if not otherwise pro-
vided, shall be paid by the sheriff.

Section 145. Section seven of chapter twenty-three of R. l 23,§7.
the Revised Laws is hereby amended by striking out the
words "this chapter", in the second line, and substituting
the words : — the preceding section or in section sixteen of
chapter eighteen, — so as to read as follows : — Section 7. Penalty for

• i-fvi 1, <• .'ii -I- neglect of sheriff

A sheriii who neglects or refuses to give bond as required in to give bond,
the preceding section or in section sixteen of chapter eighteen
shall forfeit one hundred and fifty dollars for each month's
neglect, and the attorney-general shall prosecute for the
same. The superior court shall forthwith certify the fact of
such neglect or refusal to the governor and council and to
the attorney-general, and, unless the sheriff satisfies the
governor and council that tliere was reasonable cause for
such neglect and gives security to tlicir satisfaction within
twenty days after tlie receipt of such certificate, the governor,

286

General Acts, 1918. — Chap. 257.

with the advice and consent of the council, shall remove

him from office.
certain%"untie3, _ Section 146. The sheriffs of the following counties shall,
expenses^ "^ addition to their salaries, receive their actual travelling

expenses, not exceeding tlie following amounts yearly:

Bristol, four hundred dollars; Essex, three hundred dollars;

Middlesex, three hundred dollars; Norfolk, three hundred

dollars; Plymouth, three hundred dollars; Worcester, two

hundred dollars.

R. L. 24, §11,
etc., amended.

When inquest
shall be held.

R. L. 24, § 12,
amended.

Court jurisdic-
tion extended.

Medical Examiners. [Revised Laws, Chapter 24.]

Section 147. Section eleven of chapter twenty-four of
the Revised Laws, as amended by section one of chapter
one hundred and nineteen of the acts of nineteen hundred
and four, by section two of chapter two hundred and seventy-
three of the acts of nineteen hundred and nine, and by
chapter four hundred and forty-three of the acts of nineteen
hundred and twelve, is hereby further amended by striking
out the said section and substituting the following: — Section
11. The court or trial justice shall thereupon hold an
inquest, from which all persons not required by law to be
present may be excluded, and the witnesses may be kept
separate, so that they cannot converse witli each otlier until
they have been examined. The district attorney, or any
person designated by him, may attend the inquest and
examine the witnesses. Within sixty days after any case of
death by accident upon a railroad, electric railroad, street
railway or railroad for private use an inquest shall be held,
and the court or justice shall give seasonable notice of the
time and place thereof to the public service commission.
Within a like period after any case of death in which a
motor vehicle is involved, an inquest shall be held, and the
court or justice shall give seasonable notice of tlie time and
place thereof to the Massachusetts highway commission.
The attorney-general or the district attorney may direct an
inquest to be held in case of death by any casualty.

Section 148. Said chapter twenty-four is hereby
amended by striking out section twelve and substituting tlie
following: — Section 12. If it appears that the place where
the supposed act or negligence occurred and the place in
which the body was found are both without the limits of the
judicial district of the court or the jurisdiction of tlie trial
justice notified by tlie medical examiner under section ten,

General Acts, 1918. — Chap. 257. 287

such court or justice shall nevertheless proceed with the
inquest and have continuous and exclusive jurisdiction
thereof if either place is within the commonwealth and
within fifty rods of the boundary line of such district or
territory, unless a prior and like notice shall have been
issued by a medical examiner in another county in accord-
ance with said section.

Towns and Town Officers. [Revised Laws, Chapter

25.]

Section 149. Section one hmidred and one of chapter Repeal.
twenty-five of the Revised Laws is hereby repealed.

Section 150. Section five of chapter one hundred and i^^peai.
ninety-one of the acts of nineteen hundred and seven is
hereby repealed.

Section 151. Chapter eight hundred and tliirty-five of ^^g^fg^j^^"'-
the acts of nineteen hundred and thirteen is hereby amended
by striking out section four hundred and one and substituting
the following sections: — Section 401- In towns which so Town clerk may
vote or have so voted, the town clerk shall be chosen for a term of three
term of three years. Such vote may be revoked, but this ^'^'^^^'
shall not affect the term of any clerk then in office.

Section 401a. The town clerk shall also serve as clerk of ^t^her du^ties.
such officers, boards and departments as the town may de-
termine.

Section 152. Said chapter eight hundred and thirty-five i9i3, sss, § 403.
is hereby amended by striking out section four hundred and '*'^*""
three and substituting the following: — Section 403. In Term of office of
towns which so vote or have so voted, the term of office of sifvryo^rshaii
the highway surveyor shall be three years. Such vote may be^three years,
be revoked, but this shall not affect the term of any highway
surveyor then in office.

Section 153. Section four hundred and nine of said amended ^ ^*'^'
chapter eight hundred and thirty-five is hereby amended by
adding at the end tliereof the following : — Upon the election office of high-
of road commissioners as herein provided, the office of high- vThen^"'^^"^"'^'
way surveyor shall be abolished. "''°'"'"'^-

Section 154. Section four hundred and ten of said imenfed.^ ^'°'
chapter eight hundred and thirty-five is hereby amended by
striking out all after the word "thereat" in the third line, —
so as to read as follows: — Section 4^0 . The election of a Moderator,
moderator at a meeting for the choice of town officers shall certah"ca"es.
be by ballot and the voting list shall be used thereat.

288

General Acts, 1918. — Chap. 257.

temix)re,
election.

Clerk to be
appointed in
certain cases,
etc.

amended ^*^*' Section 155. Scction foiir hundred and twenty-four of
said chapter eight hundred and thirty-five is hereby amended
by insertmg after the word "selectmen" in the third line the
words " or in their absence three persons chosen at the meeting
in such manner as the voters present shall determine", — so

Town clerk, pro as to read as follows : — Section 4^4- If j ^-t a town meeting,
there is a vacancy in the office of town clerk, or if he is
absent, the meeting shall elect by ballot a clerk pro tempore.
The selectmen, or in their absence three persons chosen at
the meeting in such manner as the voters present shall de-
termine, shall receive and count the votes and declare the
election of such clerk. If, in case of a vacancy, other duties
than those required of a town clerk at a town meeting are to
be performed, or if he is unable to perform such duties, the
selectmen may in writing under their hands appoint a clerk
for the performance thereof, who shall be sworn and shall, in
the performance of such duties, have tlie same powers and be
subject to the same requirements and penalties as the town
clerk, and he shall immediately make a record of his election
or appointment.

Section 156. Section four hundred and seventy-eight of
said chapter eight hundred and thirty-five is hereby re-
pealed.

City Charters.

Section 157. Section thirtj'-two of Part I of chapter two
hundred and sixty-seven of the General Acts of nineteen
hundred and fifteen is hereby amended by striking out the
word "annually" in the first line and by inserting after the
word "schools" in the second line the words "annually,
except as provided in section one of chapter seven hundred
and fourteen of the acts of nineteen hundred and fourteen ",
— so as to read as follows : — Section 32. The school com-
mittee shall elect a superintendent of schools annually,
except as provided in section one of chapter seven hundred
and fourteen of the acts of nineteen hundred and fourteen,
and may, under tlie laws regulating the civil service, appoint,
suspend or remove at pleasure such subordinate officers or
assistants, including janitors of school buildings, as it may
deem necessary for the proper discharge of its duties and the
conduct of its business; it shall define their terms of service
and their duties, and shall fix their compensation. No
member of the school committee, except the mayor, shall,
during the term for which he is elected, hold any other office

Repeal.

1915. 267, Part I,
(G), §32,
amended.

School

committee to
elect superin-
tendent of
schools, etc.

Members, etc.,
prohibited from
holding other
otlices.

General Acts, 1918. — Chap. 257. 289

or position the salary or compensation for which is payable

out of the city treasury. The committee shall organize Organization,

annually on the first Monday in January, and shall elect one

of its members as vice chairman, whose duty it shall be to

preside at all meetings of tlie committee at which the mayor

is not present.

Public Parks, Playgrounds, etc. [Revised Laws,
Chapter 28.]

Section 158. Chapter twenty-eight of the Revised Laws r. l. 28, § 12.
is hereby amended by striking out section twelve and substi- *
tuting the following: — • Section 12. Without the consent of ^^iSzations
such board no military organization shall camp, parade,
review or perform any military evolution or exercise in, or
enter any parkway laid out as aforesaid, except in case of
riot, insurrection, rebellion or war.

Watch and Ward. [Revised Laws, Chapter '31.1

Section 159. Chapter thirty-one of the Revised Laws is Repeal,
hereby repealed.

State Fire Marshal, Fires, Fire Departments and
Fire Districts. [Revised Laws, Chapter 32.]

Section 160. Section five of chapter four hundred and amendld ^ ^'
seventy-five of the acts of nineteen hundred and seven is
hereby amended by inserting after the word "Laws", in the
third line, the words "except in sections nine to fifteen, in-
clusive", — so as to read as follows:- — Section 5. The Forest wardens,
officials designated as "firewards" or "forest firewards", in
chapter thirty-two of the Revised Laws, except in sections
nine to fifteen, inclusive, shall hereafter be called forest
wardens.

Fences, Fence Viewers, Pounds and Field Drivers.
[Revised Laws, Chapter 33.]

Section 161. Chapter thirty-three of the Revised Laws r. l.33,§3,
is hereby amended by striking out section three and substi- ^™®"'^^^-
tuting the following: — Section 2. If a person refuses or Proceedings on
neglects to repair or rebuild the part of a partition fence mi^'^lln*"' *°
which under this act he is required to maintain, any person partition fences.

290

General Acts, 1918. — Chap. 257.

R.L.33,§4.
amended.

adjoining owner
for repair of
fence.

aggrieved may complain to the fence viewers, who, after
notice to each party, shall view the fence, and if they de-
termine that it is insufficient, and that a partition fence is
required, they shall so state in writing to the delinquent
occupant and direct him to repair or rebuild his part within
such time as the fence viewers may determine, and if the
fence is not repaired or rebuilt accordingly the complainant,
after having repaired or rebuilt his part of said fence, may
repair or rebuild the part of such occupant.

Section 162. Section four of said chapter thirty-three is
hereby amended by striking out the words "two or more
of" in the third line; by striking out the words "thereof
with their fees" in the fourth line and substituting the
words " of the part of the delinquent occupant, together with
the fees of the fence viewers,"; also by striking out the word
"either" in the fifth line and the words "or owner" in the
Remedy against sixth line, — SO as to read as follows : — Section 4- If ^
deficient fence which has been buUt up or repaired by a
complainant is, after due notice to each party, adjudged
sufficient by the fence viewers, and the value of the part of
the delinquent occupant, together with tlie fees of the fence
viewers, has beeji ascertained by a certificate under their
hands, the complainant may demand of the occupant of the
land where the fence was deficient double the amount so
ascertained; and upon the neglect or refusal to pay the same
for one month after demand, he may recover the same with
interest at one per cent a month m an action of contract.

Section 163. Said chapter thirty-three is hereby
amended by striking out section five and substituting tlie
following : — Section 5. When any dispute shall arise con-
cerning the part of a partition fence which under this act
each party is required to build or maintain, either party
may apply to the fence viewers who, after notice to each
party and a hearing, may in writing assign to each his share
tliereof and may direct the tune within which each party
shall erect or repair his share; which assignment, beuig re-
corded in the office of tlie city or town clerk, shall be binding
upon the parties and upon the succeeding occupants of the
lands.

Section 164. Said chapter thirty-three is hereby
amended by striking out section six and substituting the
following : — Section 6. If a person refuses or neglects to
erect and maintain tlie part of a fence assigned to him. by the
fence viewers, it may be erected and maintained by the ad-

R. L. 33. § 5,

amended.

Controversies
as to repairs,
etc.

R. L. 33, § 6,
amended.

Double
damages, when

General Acts, 1918. — Chap. 257. 291

joining occupant, and if it is adjudged sufficient by the
fence viewers he shall be entitled to double the value thereof,
which shall be ascertained and recovered in the manner
aforesaid.

Public Records. [Revised Laws, Chapter 35.]

Section 1G5. Chapter tliirty-five of the Revised Laws is R. l. 35. § 3,
hereby amended by striking out section three, as amended ^ '^" '*™^°
by section two of chapter four hundred and eighty-five of the
acts of nineteen hundred and tliirteen and by cliapter forty-
five of the General Acts of nineteen hundred and fifteen, and
substituting the following: — Section 3. He shall take the Commissioner
necessary measures to put the records of the commonwealth, rewrdsl'duties.
counties, cities or towns in the custody and condition re-
quired by law and 'to secure their preservation. He shall
see that the records of churches, parishes or religious societies
of the commonwealth are kept in the custody and condition
contemplated by the various laws relating to churches,
parishes or religious societies, and for these purposes-he may
expend from the amount appropriated for expenses such
amount as he considers necessary; provided, that no meas- Proviso,
ures shall be taken relative to the records of the common-
wealth unless the same are approved by tlie supervisor of
administration.

Section 166. Said chapter thirty-five is hereby further r. l. 35, §7.
amended by adding at the end of section seven the following : ^™'^°
— Ink furnished to counties, cities and towns shall be paid l^^ ^t'SJ^t*'*'^'
for by them at cost.

Section 167. Section fourteen of said chapter thirty-five r. l. 35, § 14,
is hereby amended by adding after the word "record", in ^'^'"^'^^'^■
the third line, the words ", every town warrant", — so as
to read as follows: — Section 14- Every original paper Preservation of
belonging to the files of the commonwealth, or of any county, p^p^''^-
city or town, bearing date earlier than the year eighteen
hundred, every book of registry or record, every town
warrant, every deed to the commonwealth or to any county,
city or town, every report of an agent, ofiicer or committee
relative to bridges, highways, streets, town ways, sewers or
other state, county or municipal interests or matters which
are not required to be recorded in a book, and are not so
recorded, shall be preserved and safely kept, and every other
paper belonging to such files shall be kept for seven years
after the latest original entry therein or thereon, unless

292

General Acts, 1918. — Chap. 257.

otherwise provided by law; and no such paper shall be de-
stroyed without the written approval of the commissioner of
public records.

1909, 457, § 3,
etc., amended.

Commissioner
of education,
and deputies,
appointment,
etc.

Agents, clerks
and other
assistants.

R. L. 39,
amended, new
section lOo.

Aiding pupils in
normal schools.

R.L.39,§11,
amended.

Practice
schools.

Board of Education. [Revised Laws, Chapter 39.]

Section 168. Chapter four hundred and fifty-seven of
the acts of nineteen hundred and nine, as amended by
chapter two hundred and eighty-two of the acts of nineteen
hundred and ten, by chapter four hundred and sixty-six of
the acts of nineteen hundred and eleven, by chapter eighty
of the acts of nineteen hundred and twelve and by chapter
four hundred and twenty-one of the acts of nineteen hundred
and thirteen, is hereby further amended by striking out
section three and substituting the following : — Section 3.
The board shall appoint as its executive officer for a term of
five years a commissioner of education, and may fix his
salary at such smn as the governor and council may approve;
also two deputy coimnissioners, one of whom shall be specially
qualified to deal with industrial education, and may from
time to time establish their powers, duties, salaries and
terms of office. The board, by a vote of six members, may
at any time remove the commissioner or either deputy. For
the compensation of such agents, clerks and other assistants
as it may employ, none of whom shall have any direct or
indirect pecuniary interest in the publication or sale of any
text or school book, or article of school supply used in the
public schools of the commonwealth, for conferences and
conventions of teachers held under the direction of the board,
and for travelling and other necessary expenses incurred by
the members and subordinates, the board may be allowed
such sums as may annually be appropriated.

Section 169. Chapter thirty-nine of the Revised Laws
is hereby amended by inserting after section ten the follow-
ing: — Section 10a. For the purpose of aiding pupils in the
state normal schools, the board may expend in semi-annual
payments a sum not exceeding four thousand dollars a year.

Section 170. Said chapter thirty-nine is hereby amended
by striking out section eleven and substituting the following:
— Section 11. The cities of North Adams, Fitchburg and
Lowell and the town of Barnstable shall each agree in writing
with the board to provide suitable and sufficient school
buildings and model and practice schools in connection with
the training departments of the state normal schools therein.

General Acts, 1918. — Chap. 257. 293

The board may, at the request of a city or town in the
vicinity of any state normal school, agree in writing with
such city or town for the maintenance of practice schools
therein in connection with such normal schools, and may
provide for the payment of a portion of the compensation of
the supervising teachers employed in such practice schools.
The treasurer and receiver general shall receive all money
payable under said agreements and shall expend it when
appropriated therefor by the general court under the direc-
tion of the board for the purposes above specified. This
section shall not be construed to prevent the board from
establishing and maintaining model, practice or training
schools, with or without the co-operation of the local school
authorities in connection with any state normal school.

Section 171. Said chapter thirty-nine is hereby amended ^^nlmi! ^^'
by striking out section nineteen and substituting the follow-
ing: — Section 19. The board may, upon the request of the instruction of

, T 1 ..i ,1 " 1 i" J.1 the deaf and

parents or guardians and with the approval oi tne governor, blind,
send such deaf persons as it considers proper subjects for
education, for a term not exceeding ten years, to the American
School, at Hartford, for the Deaf, in the state of Connecticut,
to the Clarke School for the Deaf at Northampton, to the
Horace Mann School at Boston, or to any other school for
the deaf in the commonwealth, as the parents or guardians
may prefer; and, upon like request and with like approval,
it maycontinue for a longer term the instruction of meritorious
pupils recommended by the principal or other chief officer of
the school of which they are members. With the approval
of the governor the board may, at the expense of the com-
monwealth, make such provision for the care and education
of children who are both deaf and blind as it may deem ex-
pedient. No such pupil shall be withdrawn from such
institutions or schools except with the consent of the au-'
thorities thereof or of the board; and the expenses of the •
instruction and support of such pupils in such institutions
or schools, including their necessary travelling expenses,
whether daily or otherwise, shall be paid by the common-
wealth; but the parents or guardians of such children, who
are able wholly or in part to provide for their support and
care, shall, to the extent of their ability, reimburse the com-
monwealth therefor.

294

General Acts, 1918. — Chap. 257.

Repeal.

Teachers' Institutes and Associations. [Revised
Laws, Chapter 40.]

Section 172. Chapter forty of the Revised Laws, and
all acts in amendment thereof, are hereby repealed.

R. L. 41,§6,
etc., amended.

School fund,
income of, to be
withheld from
certain towns.

School Funds. [Revised Laws, Chapter 41.]

Section 173. Chapter forty-one of the Revised Laws, as
amended by chapter three hundred and forty of the acts of
nineteen hmidred and thirteen, is hereby further amended
by striking out section six and substituting the following: —
Section 6. No such apportionment and distribution shall be
made to a town which has not raised by taxation for the
support of public schools, including the wages of teachers,
the transportation of school children, fuel, the care of fires,
school rooms and school premises, supervision, text books
and supplies, and school sundries or incidentals, but ex-
cluding alterations of school buildings other than repairs and
construction of school houses during the school year em-
braced in the last annual returns, an amount not less than
three dollars for each person between the ages of five and
fifteen years resident in such town on the first day of Septem-
ber of said school year.

R.L.42,§1.
etc., amended.

Public schools,

branchea

taught.

Public Schools. [Revised Laws, Chapter 42.]

Section 174. Section one of chapter forty-two of the
Revised Laws, as amended by chapters one hundred and
eighty-one of the acts of nineteen hundred and eight, five
hundred and twenty-four of the acts of nineteen hundred and
ten, and by section one of chapter one hundred and sixty-
nine of the General Acts of nineteen hundred and seventeen,
is hereby amended by striking out the words "thirty-two
weeks in each year" in line two and substituting the words
"one hundred and sixty days in each year unless specifically
exempted as to any one year by the board of education", —
and by striking out in lines five to eight, inclusive, the
words ", except that in toMois 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", — so as to read as follows: — Sec-
tion 1. Every city and town shall maintain, for at least one
hundred and sixty days in each year unless specifically

General Acts, 1918. — Chap. 257. 295

exempted as to any one year by the board of education, a
sufficient number of schools for the instruction of all the
children who may legally attend a public school therein.
Such schools shall be taught by teachers of competent
ability and good morals, and shall give instruction in orthog-
raphy, reading, writing, the English language and grararaar,
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 instruction as to the effects
of alcoholic drinks and of stimulants and narcotics on the
human system, and as to tuberculosis and its prevention,
shall be taught as a regular branch of study to all pupils in
all schools which are supported wholly or partly by public
money, except schools which are maintained solely for in-
struction in particular branches. Bookkeeping, algebra,
geometry, one or more foreign languages, the elements of the
natural sciences, kindergarten training, manual training, agri-
culture, sewing, cooking, vocal music, physical training, civil
government, ethics, thrift and such other subjects as the
school committee consider expedient may be taught in the
public schools.

Section 175. Said chapter forty-two, as amended by ^3^;^^;!^^^.
chapter five hundred and fifty-six of the acts of nineteen
hundred and fourteen, is hereby further amended by striking
out section two and substituting the following: — Section 2. mLmtlnaMe.'
Every city and every town containing, according to the ^'•''•
latest census, state or national, five hundred families or
householders, shall, unless specifically exempted by the
board of education and under conditions to be defined by it,
maintain a high school, adequately equipped, which shall be
kept by a principal and such assistants as may be needed,
of competent ability and good morals, who shall give in-
struction in such subjects designated in the preceding section
as the school committee consider expedient to be taught in
the high school. One or more courses of study, at least four
years in length, shall be maintained in each such high school
and it shall be kept open for the benefit of all the inhabitants
of the city or town for at least one hundred and eighty days,
exclusive of vacations, in each school year. Any high school
maintained by a town required to belong to a superintendency
union shall be maintained in accordance with standards of
organization, equipment and instruction approved from time
to time by the board of education.

296

General Acts, 1918. — Chap. 257.

R. L. 42, § 6,
amended.

Committee to
determine
location of
schoolhouse.

R. L. 42, § 7,
amended.

Expenses appor-
tioned to towns.

R. L. 42,
amended, new
sections, 7a and
76.

Reimbursement
of union towns
in which high
school is
situated.

Reimbursement
of union towns
in which high
school is not
situated.

R. L.42,§11,
etc., amended.

Evening
schools.

Section 176. Said chapter forty-two is hereby amended
by striking out section six and substituting the following: —
Section 6. Such committee shall, with the approval of the
board of education, determine the location of the school-
house.

Section 177. Said chapter forty-two is hereby amended
by striking out section seven and substituting the following:

— Section 7. The proportion to be paid by each town for
the erection of a permanent schoolhouse for such school, for
its support and maintenance, and for all incidental expenses,
including the transportation of pupils to such school when
necessary, shall be according to its proportion of the county
tax.

Section 178. Said chapter forty-two is hereby amended
by inserting after section seven the following new sections,
to be numbered la and 76 : — Section 7a. The town in such
a union in which the high school is situated shall be reim-
bursed from the treasury of tlie commonwealth for the
funds which it has contributed for the support of such union
high school to the same amount and under the same con-
ditions that it would have been reimbursed if the money had
been expended to maintain a high school of its own. Section
7b. Each town in such a union in which the high school is
not situated shall be reimbursed from the treasury of tlie
commonwealth for the funds which it has contributed for
the support of such union high school to the same amount
and under the same conditions that it would have been re-
imbursed if the money had been expended for the tuition of
pupils to attend a high school in another town or city.

Section 179. Section eleven of said chapter forty-two,
as amended by chapter five hundred and ninety of tlie acts
of nineteen hundred and fourteen, is hereby further amended
by inserting after the word "maintain" in the seventh line
the words "for forty evenings", — so as to read as follows:

— Section 11. Any town may, and every city or town in
which there are issued during the year from September first
to August thirty-fijst certificates authorizing the employ-
ment of twenty or more persons who do not possess the
educational qualifications enumerated in section one of
chapter forty-four of tlie Revised Laws, as amended, shall
maintain for forty evenings during the following school year
an evening school or schools for the instruction of persons
over fourteen years of age in orthography, reading, writing,
the English language and grammar, geography, arithmetic,

General Acts, 1918. — Chap. 257. 297

industrial drawing, botii free hand and mechanical, the
history of tlie United States, physiology and hygiene and
good behavior. Such other subjects may be taught in such
schools as the school committee considers expedient.

Section 180. Said chapter forty-two is hereby amended ^^ild.^ ^^'
by striking out section twenty-seven and substituting the
following: — -Sedion 27. It shall have general charge and SmmittL'.'''°°'
superintendence of all the public schools, including the
evening schools and evening high schools. It may determine,
subject to section eleven and acts in amendment thereof, the
number of weeks and tlie hours during which such evening
schools shall be kept, and may make regulations as to attend-
ance therein.

Section 181. Section twenty-nine of said chapter forty- Repeal,
two is hereby repealed.

Section 182. Section seven of chapter seven hundred amended.^ ^'
and fourteen of the acts of nineteen hundred and fourteen is
hereby amended by adding at the end thereof the words " or
districts", — so as to read as follows: — Section 7. This Certain

■ 111 , 1, • J. ^ j^ e -J.! superintendents

act shall not apply to supermtendents oi supermtendency not subject to
unions or districts. ****"

Vocational Education.

Section 183. Section one of chapter one hundred and f/, amended.'
eighty-five of the General Acts of nineteen hundred and
sixteen is hereby amended by striking out the words " which
accepts tlie provisions of this act", in the first and second
lines, — so as to read as follows: — Section 1. Any city Cities may
may establish and maintain schools for instructing families ^htS^so"
and individuals by means of day, part-time or evening h|rticuit^e'!°^
classes in gardening, fruit growing, floriculture, poultry
keeping, animal husbandry, and other branches of agriculture
and horticulture. The location and organization of the said
schools, and the instruction given therein shall be subject to
the approval of the board of education.

Truants, etc. [Revised Laws, Chapter 46.]

Section 184. Chapter forty-six of the Revised Laws, as r.l.46,§i,
amended by chapter two hundred and fifty-six of the acts of «*«•• ^"^^"ded.
nineteen hundred and two, by section five of chapter seven
hundred and seventy-nine of the acts of nineteen hundred
and thirteen, and as amended and affected by chapter seven
hundred and thirty-eight of the acts of nineteen hundred

298 General Acts, 1918. — Chap. 257.

and fourteen, is hereby further amended by striking out
Truant schools, sectiou One and substituting the following: — Section 1.
The county commissioners of each county, except the counties
of Barnstable, Berkshire, Franklin, Hampshire, Dukes
County, Nantucket and Suffolk, shall maintain either sepa-
rately or jointly with the commissioners of other counties as
hereinafter provided, in a suitable place not at or near a
penal institution, a school for the instruction and training
of children committed thereto as habitual truants, absentees
or school offenders. The county commissioners of two or
more counties may, at the expense of said counties, establish
and maintain a union school which shall be organized and
controlled by the chairmen of the county commissioners of
said counties. The chairmen of the respective boards of
county commissioners of the comities of Norfolk, Bristol and
Plymouth, having the management of the Norfolk, Bristol
and Plymouth union training school, shall each be paid the
sum of one hundred dollars annually by said counties, re-
spectively. The county commissioners of the counties of
Barnstable, Berkshire, Franklin, Hampshire, Dukes County
and Nantucket shall assign a training school established by
law as the place for the instruction and training of children
committed within their respective counties as habitual
truants, absentees or school offenders, and shall pay for their
support in said school such reasonable smn as the county
commissioners having control of said school may determine.
Commitments from the town of Winthrop and the cities of
Revere and Chelsea shall be to the training school for the
county of Middlesex.
maT^enance by ^^^^ ^^^^ ^^ towu from which an habitual truant, absentee
cities and or scliool offender is committed to a county training school

towns. , . , . , °

shall pay to the county or counties maintammg the same one
dollar a week toward his support, and reports of the con-
dition and progress of its pupils in said school shall be sent
each month to the superintendent of schools of such city or
town; but the town of Winthrop and the cities of Revere
and Chelsea shall pay to the county of Middlesex, for the
support of each child committed to the training school of
said county, two dollars and fifty cents a week, and such
additional sums for each child as will cover the actual cost
of maintenance.
Sc.^amelded. SECTION 185, Said chapter forty-six, as amended by
section nine of chapter seven hundred and seventy-nine of
the acts of nineteen hundred and thirteen, is hereby further

General Acts, 1918. — Chap. 257. 299

amended by striking out section six and substituting the
following: — Section 6. The court or magistrate by whom Support of in-
a child has been committed to a county training school may schools.
make an order relative to the payment by his parents, or by
his guardian out of the ward's property, to the county of the
cost of his support while in said school, and may from time
to time revise and alter such order or make a new order as
the circumstances of the parents or ward may justify.

Section 186. Said chapter forty-six as amended by r.l.46,§io,
section four of chapter three hundred and thirty of the acts ^ "■' *™^°
of nineteen hundred and tlu-ee, and by section eleven of
chapter seven hundred and seventy-nine of the acts of nine-
teen hundred and thirteen, is hereb}^ fiuther amended by
striking out section ten and substituting the following: —
Section 10. An inmate of a county training school who Disposition of
persistently violates the reasonable regulations thereof, or is ^' *
guilty of indecent or immoral conduct, or otherwise grossly
misbehaves, so as to render himself an unfit subject for re-
tention therein, may, upon complaint by the officer in control
of said school and conviction thereof, if a boy, and if under
fifteen years of age, be committed to the Lyman school for
boys, or, if over fifteen years of age, to the industrial school
for boys; or, if a girl, may be committed to the state in-
dustrial school for girls.

Eminent Domain.

Section 187. The Revised Laws are hereby amended ]^ew'chap^er'
by inserting therein the following new chapter, to be num- E^fntlft'''^ ^
bered forty-eight A: — Domain.

Chapter 48 a.
eminent domain, and the assessment of damages caused

BY acts done for PUBLIC PURPOSES.

The Order.

Section 1. The taking of real estate or of any interest ^yn'"^'lTc°^
therein by right of eminent domain may be effected in the
following manner. A board of officers upon whom authority
to take real estate by eminent domain on behalf of any
body politic or corporate has been conferred by law, having
first complied with all the preliminary requirements pre-
scribed by law, may adopt an order of taking, which shall
contain a description of the land taken sufficiently accurate

300

General Acts, 1918. — Chap. 257.

By whom the
taking is made.

for identification, and shall state the interest therein taken
and the purpose for which such property is taken, and in
case such taking is for an improvement for which better-
ments may be assessed shall state whether betterments are
to be assessed therefor. In case there are trees upon the
land taken, or structures 'affixed thereto, the order of taking
shall state whether the same are to be included in the taking,
and, if they are not so included, shall allow the owner a
reasonable time to remove the same, to be specified in the
order.

By whom Taking made.

Section 2. Where no other provision is made by law, a
taking of land by eminent domain by or on behalf of the
commonwealth shall be made by the governor and council,
a taking by or on behalf of a county by the board of county
commissioners of such county, a taking by or on behalf of a
city by the mayor and aldermen of such city, a taking by or
on behalf of a town by the selectmen of such town, a taking
by or on behalf of a district by the prudential committee of
such district, and a taking by or on behalf of a private cor-
poration by the board of directors of such corporation.

Record of the
taking in
registry of
deeds, etc.

Proviso.

Recording Order of Taking.

Section 3. The board of officers by whom an order of
taking has been adopted under section one shall within thirty
days after the adoption of such order cause a copy thereof,
signed by them or a majority of them or certified by their
secretary or clerk, to be recorded in the registry of deeds of
every county or district in which the property taken or any
of it lies. The copy of an order of taking made under Part I
of chapter four hundred and sixty-three of the acts of nine-
teen hundred and six and acts in amendment thereof and in
addition thereto, by commissioners appointed thereunder to
abolish grade crossings or by the public service commission,
may be filed and recorded without the payment of any fee
therefor. Upon the recording of an order of taking under
this section, title to the fee of the property taken or to such
other interest therein as has been designated in such order
shall vest in the body politic or corporate on behalf of which
the taking was made; and the right to damages for such
taking shall thereupon vest in the persons entitled thereto
unless otherwise provided by law: •provided, however, that

General Acts, 1918. — Chap. 257. 301

when a taking Is made for the purpose of a highway or town
way or for ditches or drains for draining the same, the right
to damages shall not vest until such way, drain or ditch has
been entered upon or possession thereof has been taken for
the purpose of constructing the same, and if such entry is
not made or possession taken within two years of the date of
the order, the taking shall be void.

Taking of Registered Land.

Section 4- If land of a registered owner, or any right or Taking of
interest therein, is taken by eminent domain, the board of etc.
officers by whom the taking is made shall file for registration
in the proper registry district a description of the registered
land so taken, giving the name of each owner thereof, re-
ferring by number and place of registration in the registra-
tion book to each certificate of title, and stating what estate
or interest in the land is taken, and for what purpose. A
memorandum of the right or interest taken shall be made on
each certificate of title by the assistant recorder. If the fee
simple of part of the registered land is taken a new certificate
shall be entered to the owner for the land remaining to him
after such taking. All fees on account of any memorandum
of registration or entry of new certificates shall be paid by
the body politic or corporate which takes the land.

Taking of Land already in Public Use.

Section 5. No portion of the land of a state institution Taking of land
shall be taken for a public way, canal, railroad or railway puwi/us".
without leave of the general court specially obtained. No Consent.
portion of a highw^ay, public building or cemetery shall be
taken for railroad purposes outside the limits of the route
fixed for such railroad without the consent of the city or
town in which the land sought to be taken is situated. No
portion of the land taken for or held as a park by a city or
town under chapter twenty-eight of the Revised Laws, and
acts in amendment thereof and in addition thereto, shall be
taken or used for a public way, canal, railroad or railway, or
for altering or widening the same, without the approval of
the board having control of the public parks of such city or
town. No portion of a common or park dedicated to the use
of the public, or appropriated to such use without interruption
for a period of twenty years, shall be taken or used for a

302 General Acts, 1918. — Chap. 257.

public way, canal, railroad or railway, or for altering or
widening the same, except with the consent of the inhabitants
of the city or town, after public notice, given in the manner
provided in cases of the location and alteration of highways,
stating the extent and limits of the portion thereof pro-
posed to be taken. Such consent shall be expressed by a
vote of the inhabitants, if ten or more voters file a request in
writing to that effect with the selectmen or the mayor and
aldermen or other governing body within thirty days after
the publication of the notice; in the absence of such request,
consent shall be presumed. In a city such vote shall be
taken by ballot, at meetings in the several wards on a day
appointed for the purpose by the mayor and aldermen. Such
meetings shall be notified and warned by the mayor and
aldermen fourteen days at least before the day appointed
therefor, and may be held on the same day with any election,
if so appointed. The votes shall be received, sorted and
counted, and declaration and return thereof made, and the
returns from the several wards examined and the result
ascertained in the same manner as at elections. All pro-
visions of law relative to elections, and not inconsistent here-
with, shall be applicable to such meetings, and a certificate
of the result shall be recorded by the city clerk.

Award of Damages when Taking is by the Public.

d^ag^ when Scction 6. Whcu a taking is made on behalf of the com-
the pu'bUc '* ''^ monwealth, or of a countj^, city, town or district, the board
by whom the taking is made shall, at the time when the
order of taking is adopted, award the damages sustained by
persons in their property by reason of such taking. Such
damages shall be paid by the body politic or corporate on
behalf of which the taking was made, unless other provision
is made by law; but when a taking is made for the piu*poses
of a highway or town way, or of a ditch or drain for draining
the same, or for the purpose of abolishing a grade crossing
under Part I of chapter four hundred and sixty-three of the
acts of nineteen hundred and six, and acts in amendment
thereof and in addition thereto, the amount awarded shall
not be paj^able until entry is made upon the land within the
limits of the taking, or possession thereof is taken for the
purpose of constructing such way, ditch or drain or for
abolishing such grade crossing.

General Acts, 1918. — Chap. 257. 303

Award of Damages when Taking is by Private Corporation.

Section 7. When a takins: is made on behalf of a railroad Award of

1111 1111 damaKes when

corporation, the damages shall be awarded by the county the taking is by
commissioners of the county in which the land taken lies, corporation,
upon the petition of such corporation or of any person
entitled thereto, if filed within one year of the date when the
taking is recorded. When the taking is made on behalf of a
private corporation other than a railroad corporation the
damages shall be awarded by the mayor and aldermen of
the city, or the selectmen of the town, in which the land
taken lies, upon the petition of such corporation or of any
person entitled thereto, if filed within one year of the date
when the taking is recorded: yromded, however, that there Proviso,
shall be no award of the damages caused by the taking of
land or other acts performed in the abolition or alteration
of a grade crossing under Part I of chapter four hundred
and sixty-tliree of the acts of nineteen himdred and six, and
acts in amendment thereof and in addition thereto, but the
amount of such damages may be agreed upon by the party
primarily liable therefor and any person entitled thereto.
A petition for an award of damages under this section may
be filed in the office of the board having jurisdiction of the
subject matter thereof at any time within the period herein
limited, but no petition shall be received or damages awarded
under this section after a petition with respect to the same
subject matter has been filed in the superior court under
section fourteen.

Notice.

Section 8. Immediately after the right to damages be- Notice,
comes vested, the board of officers who have made a taking
under this chapter shall cause notice thereof to be given to
every person whose property has been taken or who is other-
wise entitled to damages on account of such taking. Such
notice shall be in writing and shall describe in general terms
the purpose and extent of the taking, and shall state the
amount of damages, if any, awarded to the person to whom
it is sent, or, if no damages have been awarded, the time
within which he may petition for an award of the same, and
in either case the time within which he may petition the
superior court to determine his damages under section four-
teen. Such notice may be served by personal service, or by
leaving an attested copy thereof at the last and usual place

304 General Acts, 1918. — Chap. 257.

of abode of the person to be notified if he is a resident of the
commonwealth, by any person authorized to serve civil
process, or notice may be given to persons within or without
the commonwealth, by registered mail or other suitable
means. Failure to give notice shall not affect the validity of
the proceedings, or the time within which a petition for
damages may be filed, except as provided by section sixteen.

Award of Damages canned by Order not Constituting a Taking.
d^lgtScaused Section 9. When injury has been caused to the real estate
TOnstitu'tin°g*a °^ ''^"^' P^^sou by the establishment, construction, mainte-
a taking. naucc. Operation, alteration, repair or discontinuance of a

public improvement which does not involve the taking of
private property, and he is entitled to compensation by law
for such injury, if such establishment, construction, mainte-
nance, operation, alteration, repair or discontinuance was
eff'ected by or in accordance with a formal vote or order of
the board of officers of a body politic or corporate duly au-
thorized by law, the damages shall be awarded, determined
and collected and notice of the order shall be given in the
same manner as if there had been a taking of property on
behalf of such body politic or corporate under section one.
In case such establishment, construction, maintenance, opera-
tion, alteration, repair or discontinuance is an improvement
for which betterments may be assessed, such vote or order
shall state whether betterments are to be assessed therefor.
The damages shall be assessed as of the date when the vote or
order is adopted, but the right to damages shall not vest and
the damages shall not be paid until the work which caused
the injury has been completed, or until the public improve-
ment which has been discontinued has ceased to be open to
public use, and if the order does not go into effect, or is
rescinded or altered, only so much of the damages shall be
paid as has been actually sustained.

Award of Damages caused by Acts in Pais.

d^S^^caused Section 10. When the real estate of any person has been
by acts in pais, taken for the public use or has been damaged by the con-
struction, maintenance, operation, alteration, repair or dis-
continuance of a public improvement or has been entered
for a public purpose, but such taking, entry or damage was
not effected by or in accordance with a formal vote or order

General Acts, 1918. — Chap. 257. ' 305

of the board of officers of a body pplitic or corporate duly
authorized by law, or when tlie personal property of any
person has been damaged, seized, destroyed or used for a
public purpose, and by such taking, damage, entry, seizure,
destruction or use he has suffered an injury for which he is
entitled to compensation by law, the damages therefor may
be recovered under this chapter. If the injury was caused
by or on behalf of the conmionwealth or of a county, city,
town or district, the officer or board of officers under whose
direction or control the injury was caused shall award the
damages upon the petition of any person entitled thereto.
If tlie injury was caused by a railroad corporation, the
county commissioners of the county in which the property
taken, damaged, entered upon, seized, destroyed or used
was located, and, if the injury was caused by a private cor-
poration other than a railroad, the mayor and aldermen of
the city or the selectmen of the town in which such property
was located, shall award the damages upon the petition of
any person entitled thereto or of the corporation liable there-
for. In case of a specific taking, entry, seizure or other act
causing destruction or damage or depriving the owner of the
use of his property permanently or for a definite period of
time the damages shall be assessed as of the date of such
taking, entry, seizure or other act and the right thereto
shall vest on such date and a petition for an award of damages
therefor under this section may be filed within one year
thereafter; otherwise damages shall be assessed with respect
to any parcel of property as of the date when such property
was first injuriously affected, the right tliereto shall vest
upon the completion of tlie public improvement which
caused the injury, and a petition for an award of damages
therefor under this section may be filed within one year
after such completion.

Petition for Award of Damages when Land lies in More than
One County or Town.

Section 11. If a single parcel of land taken or injured by Petition for
a private corporation lies in more than one county or in dlmageswhen
more than one city or town, a petition for an award of land lies in more

r 111 than one county

damages under section seven may be made to the appropriate o^ town.
board of officers of either of such counties or of either of
such cities or towns. The board of officers to whom petition
is first made shall have exclusive jurisdiction thereof, and

306

General Acts, 1918. — Chap. 257.

shall award such damages as though the land lay entirely in
one county, or in one city or town. If land injured by a
public improvement lies outside the commonwealth, the
petition may be made to the board which would have juris-
diction if it lay in the same county, or in the same city or
town, as such public improvement.

Measure of

Buildings and
trees on land
taken, value,
etc.

Measure of Damages.

Section 12. The damages for property taken under this
chapter shall be fixed at tlie value thereof before the taking,
and in case only part of a parcel of land is taken there shall
be included damages for all injury to the part not taken
caused by the taking or by the public improvement for
which the taking is made; and there shall be deducted the
benefit accruing to the part not taken unless it was stated
in the order of taking that betterments were to be assessed.
In determining the damages to a parcel of land injured when
no part of it has been taken, regard shall be had only to
such injury as is special and peculiar to such parcel, and
there shall be deducted the benefit accruing to such parcel,
unless it was stated in the order of taking, or if there was
no taking in the order for the establishment, construction,
alteration, repair or discontinuance of the public improve-
ment which caused the injury, that betterments were to be
assessed.

Buildings and Trees on Land taken.

Section 13. If there are trees upon or structures affixed
to the land taken which are not included in the taking, the
owner may remove the same, but the damages shall include
the value thereof, so far as they enhance the value of the
land, and the value thereof for purposes of removal shall be
deducted from the damages. If part of a parcel to which
structures are affixed is taken, the damages shall include the
value of all structures upon such parcel so far as they enhance
the value of the land, deducting therefrom thp value of all
structures or parts thereof left standing on the part not
taken, and, if the taking did not include the structures, the
value for purposes of removal of the structures upon the
part taken. If the owner of trees upon land taken refuses or
neglects to remove them within the time specified in the
order of taking, he shall be deemed to have relinquished his
rights thereto. If the owner of structures upon land taken

General Acts, 1918. — Chap. 257. 307

refuses or neglects to remove them within the time specified
in the order of taking, the officers having the direction and
control of the public improvement in connection with which
the taking was made shall sell such structures at public
auction, after five days' notice of such sale, and hold the
proceeds for the benefit of such owner, and the expense of
such sale shall be deducted from the owner's damages; but
if such property is of less value than the estimated expense
of such sale no sale need be made. In that case, or if at the
sale no person bids for such property, the owner thereof
shall be held to have relinquished his right thereto. If the
owner of personal property lying upon land taken refuses or
neglects to remove it after reasonable notice in writing from
the officers having the direction and control of the public im-
provement in connection with which the taking was made,
he shall be held to have reUnquished his right thereto.

Petition to Superior Court.

Section H. A person entitled to an award of his damages Petition to
under this chapter or the body politic or corporate bound to for'^dama^.'^*^
pay the same, whether a petition has or has not been filed
or award made under sections six, seven, nine or ten, may
petition for the assessment of such damages to the superior
court of the county in which the property taken or injured
was situated. If a single parcel of land so taken or injured
lies in more than one county, the petition may be filed in the
superior court of either such county, and the court in which
such petition is first filed shall have exclusive jurisdiction
thereof and shall assess damages as though the land lay
entirely in one county: provided, however, that if a petition Proviso,
for damages has previously been filed under section eleven,
the petition to the superior court shall be filed in the same
county. If the land injured lies outside the commonwealth,
such petition shall be filed in the superior court of the county
in which the public improvement which caused the injury is
situated.

Petition for Damages to Property in Dukes County or

Nantucket.

Section 15. Any person entitled to file a petition under Petition for
section fourteen for damages arising from the taking of p^Meftyin
property in the county of Dukes County or of Nantucket, or ^ NlnfuXtf

308 General Acts, 1918. — Chap. 257.

for injury thereto, may file such petition in the superior court
for the county in which the property was situated or in the
superior court for the county of Bristol.

Time of filing Petition.

T™e of filing Sectiou 16. A petition for the assessment of damages
damages. uudcr scctiou fourtceu may be filed within one year after

the right to such damages has vested; but any person whose
property has been taken or injured, and w^ho has not re-
ceived notice under section eight or otherwise of the pro-
ceedings whereby he is entitled to damages at least sixty
days before the expiration of such year, may file such petition
within six months from the time that possession of his
property has been taken or he has otherwise suffered actual
injury in his property.

Extension of Time ivhen Proceedings are quashed.

Extension of Section 17. If a person petitions for an award or assess-

proceedings are mcnt of liis dauiagcs witliin the time limited by law, or is a
^^^^ ^ ' party to such petition by another person, and the petition is

quashed, abated or otherwise avoided or defeated for any
inaccuracy, irregularity or matter of form, or if, after verdict
for such petitioner or other party, the judgment is arrested
or reversed on a writ of error, or the proceedings are quashed
on certiorari, such petitioner or other party may begin such
proceedings anew at any time within one year after such
abatement, reversal or other determination.

Extension of Time if Validity of Proceedings is Contested.
Extension of Scction 18. If a suit in which the right of a body politic

time if validity , ., .P . 'J r

of proceedings is or corporatc to eiiect a particular public improvement or to
make a particular taking is drawn in question, is brought
within the time for filing a petition to the proper tribunal
for an award or assessment of the damages caused by such
improvement or taking, or within six months after the de-
termination of an earlier suit involving the same question,
brought wdthin the time for filing such petition, w^hich failed
for w^ant of jurisdiction, defect of form or other like cause
which was not decisive of the merits of the controversy, the
petition may be filed within six months after the final de-
termination of such suit.

General Acts, 1918. — Chap. 257. 309

Extension of Time if Time for Locating or Constructing Work
is extended.

Section 19. If the time for locating or constructing a Extension of
public improvement by a private corporation shall be ex- lo^ting^o?" ""^
tended by statute, all unsettled claims against the corpora- ^oTk^ir*'"^
tion for damages to land shall be revived, and the claimants extended.
for such damages may petition to the proper tribunal within
one year after the taking effect of such statute. The pro-
visions of this section shall not include cases in which, by
reason of a defect in the original location of a public improve-
ment already constructed, there has been a new location
thereof.

Petition hy Guardian or Trustee.

Section 20. If damages may be recovered under this Petition by
chapter for the taking of or injury to property of a person trustee.
under guardianship or property held in trust the guardian
or trustee may petition for and recover, and may release all
such damages in like manner as if the land or other property
were held in his own right.

Death of Party entitled to Damages.

Section 21 . The right to recover damages under this Death of party
chapter shall not be abated by the death of the party entitled damlges!°
thereto. If a person who is entitled to petition for an award
or assessment of his damages under this chapter dies without
filing such petition within the time limited therefor, his
executor or administrator may within one year from the
date of his appointment file such petition in the same manner
and with the same effect as if filed by the deceased in his
lifetime.

Pleading and Procedure.

Section 22. A petition brought under section fourteen pleading and
shall name all parties adversely interested known to the p'"°<=«'^"''«-
petitioner, and process shall issue and service be made as in
suits in equity. Any defense to the petition not relating to
the amount of damages must be pleaded within thirty days
after the return day of the subpoena; but no answer relating
solely to the amount of damages shall be filed by any party
and no person shall be defaulted for failure to enter an
appearance. The trial shall be by the court unless one of
the parties within the time prescribed in actions at law files

310

General Acts, 1918. — Chap. 257.

a notice that he desires a trial by jury; and the court may
appoint an auditor. In case of trial by jury, if either party
requests it the jury shall view the premises. Judgment
shall be entered and execution issue as in actions at law;
and when the commonwealth is liable for the damages the
amount found due shall be certified and paid under the pro-
visions of section three of chapter two hundred and one of
the Revised Laws.

Different
interests in the
same parcel.

Different Interests in Same Parcel.

Section 23. If joint tenants, or tenants in common, or
other persons having joint or several estates or interests in a
single piece of property sustain damages in such property
which are recoverable under this chapter, they may join in
any petition to recover the damages thereby incurred, or any
one or more of them may petition for his or their damages,
subject to the provisions of sections twenty-four to thirty-
three, inclusive.

Tenant for Iif«
or years and
remainderman.

Tenant for Life or Years and Remainderman.

Section 2^. If a tenant for life or for years and the re-
mainderman or reversioner sustain damages which are re-
coverable under this chapter, by the taking of their property
by right of eminent domain or by injury thereto under au-
thority of law, or if property so taken or injured is encumbered
by a contingent remainder, executory devise or power of
appointment, entire damages shall be assessed without ap-
portionment thereof; and shall be paid to, or be recoverable
by, any person whom the parties may appoint, and be held
in trust by him for their benefit according to their respective
interests. The trustee shall, from the income thereof, pay
to the reversioner or remainderman the value of any annual
rent or other payment which would, but for such damages,
have been payable by the tenant, and the balance thereof
to such tenant during the period for which his estate was
limited, and upon its termination, he shall pay the principal
to the reversioner or remainderman.

Damages to he placed in Trust.
Damages to be Scction 25. The amouut so to be placed in trust shall

placed m trust. i i i i

mclude only the damages assessed to the whole property
when the value thereof is ascertained; and any damage

General Acts, 1918. — Chap. 257. 311

special to a separate estate therein, and all interest or other
earnings which accrue between the taking and the receipt
by the trustee of the damages to the whole property, shall be
awarded in the same proceedings separately.

Appointment of Trustee.

Section 26. If a person having an interest in such property Appointment of
is, by reason of legal disability, incapable of choosing a
trustee, or is unascertained or not in being, or if the parties
cannot agree upon a choice, the probate court of the county
in which the property is situated shall, upon application of
the board of officers of the body politic or corporate whose
duty it is to award the damages, or of any person interested
or of any other person, acting in behalf of such persons,
whether in being or not, as may by any possibility be or
become interested in said property, appoint a trustee, who
shall give to the judge of probate a bond with such sureties
and in such sum as the judge may order, conditioned for the
faithful performance of his duties.

Other Forms of Different Interests.

Section 27. If there are several parties, who have several d/ffeTenT™^ °^
estates in the same property at the same time, other than interesta.
the estates and interests for which provision is made in
section twenty-four, and the property is taken in whole or in
part or receives injury for which damages are recoverable
under this chapter, and one of such parties petitions the
superior court to ascertain his damages, the other parties
may become parties to the proceedings under such petition,
and the damages of all of them may be determined together,
in the manner provided in the three following sections.

Notice to Holders of Different Interests.

Section 28. Upon such petition, the court may order the Notice to
petitioner to give notice thereof to all the other parties different"
interested, by serving each of them with an attested copy of i°*^''®^^^-
such petition and the order thereon fourteen days before the
next return day, in order that the other parties may appear
and become parties to the proceedings under the petition.

312 General Acts, 1918. — Chap. 257.

Apportionment of Damages.

ofTmi""^"* Section 29. If, on such petition, the court or jury find any
of the parties entitled to damages, there shall first be found
and set forth the total amount of damages sustained by the
owners of such property, estimating the same as an entire
estate and as if it were the sole property of one owner in fee
simple; and such damages shall then be apportioned among
the several parties who are found to be entitled thereto, in
proportion to their several interests and to the damages sus-
tained by them, respectively, and such apportionment shall
be set forth in the finding or verdict; and if it is found that
any party has not sustained damage, it shall be set forth in
the finding or verdict that he is awarded no damages. The
finding or verdict shall be conclusive upon all parties
interested who have become parties to the petition.

Appointment of Guardian ad Litem.

glfa^kn'^"*' °^ S^f^iwn 30. If it appears in any proceedings under the
litem. seven preceding sections that an interest in such property is

unrepresented by reason of a contingency or other cause by
which the owner thereof is unknown or cannot then be
ascertained, a guardian ad litem to represent such interest
may be appointed by the tribunal in which such proceedings
are pending; or the judge of probate for the county in which
such proceedings are pending may upon petition of any party
in interest, after such notice as he may order to all persons
who, or whose issue unborn may be or may become interested
in such apportionment, appoint a trustee, who, upon giving
such bond as the judge of probate requires, shall represent
such interest; and shall receive, manage and invest any
money receivable on account thereof, for the benefit of the
parties entitled thereto, and shall pay the principal and
interest thereof to such parties when entitled thereto. Such
guardian ad litem or trustee may be allowed such costs,
including counsel fees, as may be ordered by the court in
which such proceedings are finally determined, to be paid
from the damages apportioned to the interest which he
represents.

Petition by Tenant or Trustee.

tenintor'^ Sectwn 31. The tenant in possession of property which is

trustee. encumbcred by a contingent remainder, executory devise or

power of appointment may, subject to the provisions of

General Acts, 1918. — Chap. 257. 313

section sixteen, petition the superior court for the assessment
of damages; and if he fails so to petition within the first six
months of the year allowed by said section, a trustee under
section twenty-four or section twenty-six may within the
remaining six months thereof petition for such damages.

Mortgaged Land.

Section 32. If property which is taken in whole or in part Mortgaged
by right of eminent domain or receives injury, for which
damages are recoverable under the provisions of this chapter,
is mortgaged, both the mortgagor and the mortgagee, in
addition to their rights under the mortgage, shall have the
same powers, rights and privileges, and be subject to the
same liabilities and duties, as are provided in this chapter
for owners of property so taken or injured, and all petitions
for the award or assessment of such damages shall state all
mortgages which are known by the petitioner to exist upon
the property. Mortgagors and mortgagees may join in any
such petition, or become parties to any proceedings for the
award or assessment of damages under this chapter, and, if
the petition is filed by a mortgagor or mortgagee of property
taken or injured the tribunal to which it is presented shall
order the petitioner to give notice thereof to all other mort-
gagors or mortgagees of the same property by serving on
each of them, fourteen days at least before the time of
hearing, an attested copy thereof and of the order thereon,
that they may become parties to the proceedings.

Apportionment of Damages between Mortgagor and Mortgagee.

Section 33. If mortgagors or mortgagees begin or become Apportionment
parties to such proceedings, entire damages shall, upon final bewn^*^
judgment, be assessed for the property taken, and such ^ortgalee ''"'^
portion thereof as is equal to the amount then unpaid thereon
shall be ordered to be paid to every mortgagee who is a
party, in the order of his mortgage, and the remainder to
the mortgagor; and separate judgment shall be entered
accordingly for each mortgagee, who shall hold his judgment
in trust, first, with any proceeds realized thereon, to satisfy
his mortgage debt, and, after such debt is in any way satis-
fied, to assign the judgment or pay over any remainder of
the proceeds to the mortgagor or other person entitled
thereto.

314 General Acts, 1918. — Chap. 257.

Petition to he advanced for Speedy Trial.

^v^n^edio^ 'Sedw>w 84. Upon the filing of a petition under section
speedy trial. fourteen by or against the commonwealth or a county, city,

town or district, the court shall, at the request of any party
. to the proceeding, advance the same so that it may be heard

and determined with as little delay as possible.

Evidence of Assessed Value of Land taken or injured.

Sl^sTdvafueof ^^ctiou 35. The valuation made by the assessors of a city
land taken or or towu for the purposcs of taxation for the three years next

iniurod

preceding the date of the taking of or injury to real estate
by the commonwealth or by a county, city, town or district
under authority of law may, in proceedings, brought under
section fourteen to recover the damages to such real estate,
the whole or part of which is so taken or injui'ed, be intro-
duced as evidence of the fair market value of the real estate
Proviflo. jjy g^j^y pafty to thc suit : provided, however, that if the valua-

tion of any one year is so introduced, the valuations of all
three years shall be introduced in evidence.

Discontinuance of Petition.
Discontinuance Scction 36. No petition brought under section fourteen

of petition. 1 11 1 !• • 1 1 r i" 1

shall be discontmued except by leave oi court or by agree-
ment of all the parties thereto; and any party thereto may
prosecute the same as if it had been begun by him.

Interest.

Interest. Scction 37. Damagcs under this chapter shall bear interest

at the rate of four per cent per annum from the date as of
which they are assessed until paid, except as herein otherwise
provided; but an award shall not bear interest after it is
payable unless the body politic or corporate liable therefor
fails upon demand to pay the same to the person entitled
thereto.

Costs.

Costs. Section 38. In all proceedings brought under section

fourteen, if a petition is filed after an award of damages has
been made and the damages are increased, or if no award
has been made and the petitioner is found to be entitled to
damages, he shall recover costs, which shall be taxed as in
actions at law; otherwise he shall pay costs.

General Acts, 1918. — Chap. 257. 315

Settlement and Tender.

Section 39. In all cases in which damages are recoverable Settlement and
under this chapter, the body politic or corporate liable for
such damages shall have authority at any time after the
right to such damages has become vested to effect such
settlement of the damages with the persons entitled thereto
as it may deem to be for its best interests, and it shall have
authority as one of the terms of the settlement of a claim
for damages growing out of the proceedings in respect of
which betterments have been or are to be assessed to agree
in writing with the owner of the land assessed to assume
such betterments. Such body politic or corporate may at
any time after the right to such damages has become vested
offer in writing to pay to the person entitled to receive the
same the amount which it is willing to pay in settlement
thereof, with interest thereon as provided by law, together
with taxable costs if a petition for the assessment of such
damages is pending. If an award of damages has previously
been made, the offer shall not be of a less amount than such
award. The person to whom such offer is made may reject
or accept the same, and acceptance thereof may be either in
full satisfaction of all damages so sustained, or as a payment
pro tanto without prejudice to any right to have the balance
thereof, if any, assessed by the appropriate tribunal. After
notice of such offer, made as aforesaid, or pajTuent of the
amount thereof, if payment be made, no interest shall be
recoverable, except upon such amount of damages as shall,
upon final adjudication, be in excess of the amount of said
offer; provided, that all taxable costs accruing subsequently Proviso,
to said offer shall be recoverable by the petitioner in all
cases, except as provided in section thirty-eight.

Security for Damages.

Section Jfi. Before a taking is made or injury inflicted by ^f^^^^y ^o""
a private corporation for which damages may be recovered
under this chapter, such corporation shall give to the board
of officers by whom such damages are to be awarded security
to their satisfaction for the pajTnent of all damages and
costs which may be awarded by them or by the court for the
land or other property taken or injured ; and if, upon petition
of the owner and notice to the adverse party, any security
taken appears to them to have become insufficient, they

316 General Acts, 1918. — Chap. 257.

shall require the corporation to give further security to their
satisfaction. If the corporation fails to comply with this
section any person entitled to such damages may treat the
taking of his property or the proceedings by which the right
to inflict injury thereon was acquired as void and any inter-
ference by such corporation with the use and enjoyment of
his property as unlawful.

Collection of Aivard.

^ard**°°°^ Section 4^- If no petition to the superior court under

section fourteen is filed within the time limited, the award
of damages shall be final and the amount thereof shall be
paid upon demand, and if not so paid may be recovered in
an action of contract.

Removal of Structures in Street to enforce Payment of Damages.
Removal of Scction 12. If a private corporation has erected or laid

structures in . '^ . ^ ^ .

street to enforce polcs, wircs, pipcs, rails or othcr structurcs m a public way,
damages. for the coustructiou, operation or maintenance of which

damages may be recovered from such corporation under
this chapter by the owners of any interest in land abutting
upon such way, and such corporation does not pay such
damages to an owner of any such interest after they have
been finally determined and within thirty days after demand,
the mayor and aldermen of the city or the selectmen of the
town in which such structures are located may, upon request
of such owner, remove all the structures of such corporation
from that portion of the public way upon which the land in
which such person has an interest abuts, first leaving a
written statement at the office of such corporation in such
city or town of the time when and place from which they
intend to remove such structures, not less than forty-eight
hours prior to such removal. If such corporation has no
office in such city or town, such notice shall be deposited in
the post office, postage prepaid, and directed to such cor-
poration at its office in some city or town in the county.
The city or town so removing any such structures may
recover the expense thereof of such corporation. The pro-
visions of this section shall not prevent such owner from
collecting the damages assessed.

General Acts, 1918. — Chap. 257. 317

Effect of Abandonment of Easement.

Section 43. When any easement or other right less than Effect of
the fee which has been taken by right of eminent domain has easement.
been abandoned in accordance with law before the damages
accruing from such taking have been finally determined, the
fact of such abandonment may be considered in reduction
of damages in any proceedings under this chapter for the
award or assessment thereof.

Taking by the United States.
Section AL If the agents of the United States and the Taking by the

^^. • , , 1 . J 1 • 1 • United States.

persons ownmg or interested m any property which is re-
quired for any purpose for which the United States is au-
thorized to take property by eminent domain cannot agree
upon the price to be paid for the interest of such persons
therein, the United States may file a petition in the superior
court for the county in which such property lies, praying for
the condemnation of such property. Such petition shall
contain a description of the property to which it relates,
sufficiently accurate for identification, and a statement of the
purpose for which it is sought to be taken. If the court,
after notice to all parties interested, finds that the United
States has the right to take such property by eminent domain,
it shall determine the value thereof in accordance with this
chapter, so far as it is applicable. If such value with costs
and reasonable expenses to be taxed by the court is, within,
thirty days after final determination thereof, paid or tendered
to said owners or parties interested, or in case of their neglect
or refusal to receive the same, if it is paid into the treasury
of the commonwealth for their use and subject to their
order, a decree of condemnation shall be entered by the
court, and, if the property taken consists of real estate, a
copy of the decree shall be recorded in the registry of deeds
of every county or district in which said property or any
of it lies, and the fee of said property shall thereupon vest in
the United States.

Provisions of this Chapter exclusive.

Section 45. No real estate shall be taken for public use Provisions of
by the formal vote or order of any board of officers except excLsi'va*'*"^
under this chapter, and no damages shall be assessed for the

318

General Acts, 1918. — Chap. 257.

taking or seizure of property for a public purpose or for
injury thereto by authority of law, except under this chapter,
notwithstanding any general or special act hitherto enacted.

Repeal of Provisions Inconsistent with this Chapter,
vhf^l in^T Section Ifi. All acts and parts of acts inconsistent here-
chapter'^*'^ *^ ^^^'^ ^^^ hereby repealed, but this repeal shall not impair
the validity of any taking begun under existing laws, or
affect any pending proceeding for an award or assessment of
damages, or take away any existing right under laws now in
force. The provisions of this chapter, so far as they are the
same as those of existing laws, shall be construed as con-
tinuations thereof and not as new enactments. Procedure
in cases of takings or seizures made or injuries inflicted prior
to the passage of tliis chapter so far as is practicable, without
shortening the time allowed by law for bringing the petition,
or depriving either party of the right to trial by jury or of
any substantive right, shall be that hereby provided.
Nothing contained in this chapter shall be construed as
amending or in any way affecting chapter one hundred and
ninety-six of the Revised Laws and acts in amendment
thereof and in addition thereto.

R. L. 1. !
amende*

9, etc.,

Entry on
private land by
geological
Burvey, etc.

Proviso.

Entry on Private Land by Geological Survey, etc.

Section 188. Chapter one of the Revised Laws, as
amended by chapter one hundred and fifty of the acts of
nineteen hundred and three, is hereby further amended by
striking out section nine and substituting the following: —
Section 9. Persons employed by tlie LTnited States geological
survey or coast survey, or by the commission on waterways
and public lands of the commonwealth, may enter upon
land within this commonwealth when it may be necessary in
connection with their official duties, and may erect works,
stations, buildings and appurtenances in pursuance thereof;
provided, that, in case of entry upon land or erection of
structures by persons employed by the United States, the
United States shall make adequate provision by law for com-
pensation for any taking of property by such entry or erec-
tion.

General Acts, 1918. — Chap. 257. 319

Damages for Entry by Geological Survey, etc.

Section 189. Chapter one of the Revised Laws, as r. l. i. § lo,
amended by chapter one hundred and fifty of the acts of ® "' ^'"^'^
nineteen hundred and three, is hereby further amended by
striking out section ten and substituting the following : —
Section 10. In case of entry by persons employed by the Damages for
commonwealth, the commonwealth shall pay all damages g^[ogicai
thereby caused. In case of entry, not constituting a taking, ^'^'■^^y- ^^''•
by persons employed by the United States, such persons
shall pay all such damages. If the parties interested cannot
agree upon the amount to be paid for damages under the
preceding section, such damages shall be determined and
recovered under section one hundred and eighty-seven of
chapter of the General Acts of nineteen hundred

and eighteen.

Repeal of Statutes relative to Geological Survey,

ETC.

Section 190. Sections eleven and twelve of chapter one Repeal,
of the Revised Laws, as amended by chapter one hundred
and fifty of the acts of nineteen hundred and three, are
hereby repealed.

Destruction of Buildings to prevent Spread of Fire,

Section 191. Chapter thirty-two of the Revised Laws r. l.32,§i3.
is hereby amended by adding at the end of section thirteen ^"^^^
the following: — Such compensation shall be determined destruction of
and recovered under section one hundred and eighty-seven prevent spread
of chapter of the General Acts of nineteen hundred

and eighteen, as if the building pulled down or demolished
were taken by eminent domain.

Abatement of Nuisance.

Section 192. Chapter seventy-five of the Revised Laws r.l.75,§8i,
is hereby amended by striking out section eighty-one and ^'^^"'^'''^•
substituting the following: — Section 81. Whoever is Abatement of
aggrieved by such decision in the award of damages or in '^"^s'^"<='^-
the determination of benefits accrued or in the apportion-
ment of the expense may, within three months after notice

320

General Acts, 1918. — Chap. 257.

R. L. 90, § 26,
amended.

Killing of
diseased
animals, as-
sessment of
damages.

Petition to
superior court,
etc.

thereof, petition to the superior court under section one hun-
dred and eighty-seven of chapter of the General
Acts of nineteen hundred and eighteen, or under Part 3 of
chapter three hundred and forty-four of the General Acts of
nineteen hundred and seventeen, and acts in amendment
thereof and in addition thereto, first giving one month's
notice in writing to the mayor and aldermen or selectmen of
his intention so to do, and particularly specifying therein
his objections to said decision. Such petition shall otherwise
be made in like manner and the proceedings thereon shall be
the same as in case of land taken under said section, or of
betterments assessed under said last named chapter and
amendments.

Killing of Diseased Animals.

Section 193. Chapter ninety of the Revised Laws is
hereby amended by striking out section twenty-six and
substituting the following: — Section 26. If an owner is en-
titled to compensation for the killing of an animal or the
destruction of other property under sections four or six of
chapter ninety of the Revised Laws or under chapter six
hundred and forty-six of the acts of nineteen hundred and
thirteen or chapter one hundred and twenty-one of the
General Acts of nineteen hundred and seventeen, and cannot
agree with the commissioner of animal industry on its value,
the commissioner and the owner may each select an arbitrator,
and if the owner neglects or refuses to select an arbitrator
within twenty-four hours after notice that the commissioner
has selected one, the arbitrator selected by the commissioner
may select another. In each case if the two arbitrators
cannot agree as to the value, they may select a third. The
arbitrators shall be sworn to the faithful performance of their
duties and shall determine the value within the limits pro-
vided by law, and the amount so fixed shall be paid to the
owner.

If the owner's right to compensation is in dispute, if
either party prefers to submit the amount of damages to
judicial determination, or if the award of the arbitrators is
unsatisfactory to either party, the owner or the commis-
sioner may, within thirty days after the killing of such
animal or the destruction of such property, or, if arbitrators
have been appointed, within thirty days after the date of
their award, file a petition for the assessment of damages in
the superior court for the county of Suffolk or the county in

General Acts, 1918. — Chap. 257. 321

which the kilHng or destruction occurred. A copy of the
petition shall be served upon the adverse party. If upon
such petition it appears that the owner is entitled by law to
compensation, the damages shall be assessed within the
limits provided by law in the same manner as damages are
assessed under section one hundred and eighty-seven of
chapter of the General Acts of nineteen hundred

and eighteen, so far as applicable. In the case of an animal
condemned as affected with glanders and killed, for which
compensation is claimed under section one of chapter six
hundred and forty-six of the acts of nineteen hundred and
thirteen, if it appears that the animal actually had the
disease and that the commissioner has decided that the
neglect or wilful act of the owner contributed to the spread
of the disease, the petition shall not be maintained. In any
other case it must be proved or admitted that the petitioner
has complied with all provisions of law necessary to entitle
him to damages, and has not by any neglect or wilful act
contributed to the spread of the disease because of which
the animal was killed or property destroyed. The damages,
costs and expenses incurred by the commissioner in prose-
cuting or defending tlie petition shall be paid by the com-
monwealth.

Swine Slaughtering Associations.

Section 194. Sections seventy-two and seventy-three of Repeal,
chapter one hundred and ten of the Revised Laws are hereby
repealed.

D.\MAGEs OF Married Woman.

Section 195. Section thirteen of chapter one hundred Repeal,
and fifty-three of the Revised Laws is hereby repealed.

Roads to Swamps and Quarries.

Section 196. Chapter one hundred and ninety-five of R. l 195, §i7,
the Revised Laws is hereby amended by striking out section
seventeen and substituting the following: — Section 17. A Roads to

... , . -Ill 1 swamps and

City, town, person or corporation owning low land, ponds, quamea.
swamps, quarries, mines or mineral deposits, which, on
account of adjacent land belonging to other persons or
occupied as a highway, cannot be approached, worked, culti-
vated, drained or used to advantage in the ordinary manner
without crossing such land or highway, may construct roads.

322

General Acts, 1918. — Chap. 257.

R. L. 195, § 18,
amended.

Petition and
security.

drains, ditches, tunnels and railways thereto and, when the
construction of such improvements is required by the public
convenience and necessity, may take the land of such other
persons for the location of such improvements as hereinafter
provided.

Petition and Security.

Section 197. Said chapter one hundred and ninety-five
is hereby further amended by striking out section eighteen
and substituting the following: — Section 18. The party
who desires to make such improvements shall file a petition
therefor with the county commissioners for the county in
which the land lies, setting forth the names of the persons
interested, if known to the petitioner, and also in detail the
nature of the proposed improvement and the situation of
the adjoining land. The petitioner shall give such county
security satisfactory to the commissioners that he will in-
demnify such county from all damages and charges which it
is obliged to pay by reason tliereof.

R. L. 195, § 19,
amended.

Notice of
petition.

Notice of Petition.

Section 198. Section nineteen of said chapter one hun-
dred and ninety-five is hereby amended by striking out the
words "and bond", in the second line, — so as to read as
follows: — Section 19. The commissioners, at their first
meeting after the filing of the petition, shall order notice of
the time and place of meeting to consider the petition to be
published once in each of three successive weeks in a news-
paper, if any, published in the county; otherwise, in a
newspaper published in an adjacent county. They shall also
give notice thereof to the clerk of each city or town in which
the land lies.

Laying Out, Taking and Damages.

^Mded'^^*'' Section 199. Said chapter one hundred and ninety-five
is hereby further amended by striking out section twenty
Laying out, tak- and Substituting the following : — Section 20. If, after exami-
dLmages. uatiou, inspcctiou and a hearing, they find that the improve-

ments prayed for are required by the public convenience and
necessity they shall so lay out and establish the same as to
do as little injury as practicable, and if it is necessary to
take private property for such improvements may take such

General Acts, 1918. — Chap. 257. 323

property on behalf of such county under section one hundred
and eighty-seven of chapter of the General Acts of

nineteen hundred and eighteen. Any person sustaining
damage in his property by the laying out or establishment of
such improvements shall be entitled to recover the same
under the provisions of said section.

Assessment of Benefits.

Section 200. Said chapter one hundred and ninety-five R. l. 195, § 21,
is amended by striking out section twenty-one and substi- ^™^"
tuting the following: — Section 21. The commissioners shall b^nffitT''*"^
assess the amount awarded as damages upon the persons for
whose use the improvements are to be made, in proportion
to the benefit to be received by each; but no person shall be
assessed an amount greater than the benefit to be received
by him. The provisions of Part 3 of chapter three hundred
and forty-four of the General Acts of nineteen hundred and
seventeen and acts in amendment thereof and in addition
thereto relative to the abatement and collection of better-
ments shall apply to the abatement and collection respectively
of assessments made under this section.

Repairs.

Section 201. Said chapter one hundred and ninety-five R. l 195, §22,
is hereby further amended by striking out section twenty-
two and substituting the following: — Section 22. If it is Repairs.
necessary to repair an improvement so made, a majority of
the persons benefited by it may cause such repairs to be
made, and may by bill in equity compel contribution on the
basis of the award from the owner of each parcel of land for
the use of which the improvement was made.

Appellate Jurisdiction of County Commissioners.

Section 202. Said chapter one hundred and ninety-five R. l. 195, § 25,
is hereby further amended by striking out section twenty- ^^^^
five and substituting the following : — Section 25. A party Appellate
aggrieved by the refusal of the mayor and aldermen or wunty ''°° °
selectmen to make such order, may, within one year there-
after, petition to the county commissioners, who shall there-
upon proceed in all respects as though the petition had
been originally filed with them.

commissioners.

324

General Acts, 1918. — Chap. 257.

Repeal of Remnant Act.
Repeal. SECTION 203. Chapter four hundred and forty-three of

the acts of nineteen hundred and four and chapter three
hundred and ninety of the acts of nineteen hundred and five
are hereby repealed.

1906, 463, Part I,
§ 36, etc.,
amended.

Abolition of
grade cross-
ings by
commissioners.

Abolition of Gr.\de Crossings by Commissioners.

Section 204. Part I of chapter four hundred and sixty-
three of the acts of nineteen hundred and six, as amended
by chapter seven hundred and eighty-four of the acts of
nineteen hundred and thirteen, is hereby further amended
by striking out section thirty-six and substituting the follow-
ing: — Section 36. The commission shall specify what part,
if any, of an existing public or private way shall be discon-
tinued, the grade for the railroad and the way, the changes
to be made in the location and grades of the street railway
in such public way, the general method of construction and
what land or other property it considers necessary to be
taken, including, in its discretion, an easement in land ad-
joining the location of a public or private way or of a railroad,
consisting of a right to have the land of the location pro-
tected by having the surface of such adjoining land slope
from the boundary of the location in a manner specified by
the commission; but if such decision involves a change in
the grade of the railroad the consent of the public service
commission to such change shall first be obtained. The
commission shall forthwith return its decision to the superior
court, the decree of which, confimiing such decision, shall be
final and binding. If the commission decides that the loca-
tion of the street railway shall be changed, the decree of the
court confirming such decision shall establish the location as
thus changed. If the commission decides that the location
of the railroad or of the public or private way shall be
changed, the decree of the court confirming such decision
shall establish the location as thus changed, and if it is
necessary to take land to provide such new location, the
commission shall take the same by eminent domam under
section one hundred and eighty-seven of chapter
of the General Acts of nineteen hundred and eighteen. Said
taking shall be on behalf of the city or town if the land or
easement is to be "used for or in connection with a public

General Acts, 1918. — Chap. 257. 325

way, or on behalf of the railroad corporation if the land or
easement is to be used for or in connection with a private way
or by the railroad corporation.

Abolition of Grade Crossings by Agreement.

Section 205. Said Part I is hereby further amended by looe, 463, Part i.
striking out section forty-one, as amended by chapter five amended,
hundred and forty-four of the acts of nineteen hundred and
ten and by chapter seven hundred and eighty-four of the
acts of nineteen hundred and thirteen, and substituting the
following: — Section Ifl. If the board of aldermen of a city Abolition of
or the selectmen of a town in which a public way and a hy^Je^wE
railroad cross each other and the directors of the railroad
corporation are of opinion that it is necessary for the se-
curity and convenience of the public that alterations should
be made in such crossing, in the approaches thereto, in the
location of the railroad or public way or in the grades thereof,
or in a bridge at such crossing, or that such crossing should
be discontinued with or without building a new way in
substitution therefor, and they agree as to the alterations
which should be made, an instrument in writing signed, in
behalf of a city, by the mayor, authorized by the board
of aldermen, or in behalf of a town, by the chairman of the
selectmen, authorized by the selectmen, and by the president
of the railroad corporation, authorized by its directors,
specifying the manner and limits within which the altera-
tions shall be made, and by which party the work shall be
done, or how it shall be apportioned between the city or
town and the railroad corporation, the general method of
construction, the grades for the railroad and the public way
or ways, and also what land or other property it is necessary
to take, and what portion, if any, of au existing public way
is to be discontinued, and how the cost thereof shall be
apportioned between the city or town and the railroad cor-
poration, shall be valid and binding on the city or town and
the railroad corporation, respectively, and have the same
force and effect as a decree of the court under section thirty-
six, and acts in amendment thereof and in addition thereto,
if the public service commission, after notice to all parties
interested by advertisement and a public hearing, approves
of the alterations set forth in the agreement as necessary for
the convenience and security of the public. Said approval
by said commission shall establish the locations as thus

326

General Acts, 1918. — Chap. 257.

Abolition of
grade crossings
by agreement.

altered, and if it is necessary to take land to provide such
new locations, said commission shall take the same by eminent
domain on behalf of the city or town and of the railroad cor-
poration, respectively, under section one hundred and eighty-
seven of chapter of the General Acts of nineteen
hundred and eighteen. So much of section thirty-six, and
acts in amendment thereof and in addition thereto, as relates
to the taking of land, and so much of section thirty-seven, and
acts in amendment thereof and in addition thereto, as relates
to the right of any person to recover damages sustained in
consequence of such taking or of the alterations made in
pursuance of said decree, shall apply to the taking of land
a;nd to damages sustained under an agreement made pur-
suant to this section. The crossing and -approaches shall be
maintained and kept in repair as provided in section thirty-
eight, and acts in amendment thereof and in addition thereto.
If the agreement provides for the abolition of a public grade
crossing, the public service commission shall keep itself in-
formed of the progress and character of the work and of the
amounts reasonably expended for work done or for damages,
so far as rendered necessary for the abolition of the grade
crossing; and for that purpose it may employ any necessary
agents, and, from time to time as it may consider proper,
shall issue certified statements of the amount legally and
properly expended for such abolition of a grade crossing;
and the commonwealth shall pay twenty per cent of such
expenditure to the parties entitled thereto under the agree-
ment.

1906, 463, Part

n,§iio„

amended.

Alteration of
public way by
railroad
company.

Alteration of Public Way by Railroad Company.

Section 206. Part II of said chapter four hundred and
sixty-three is hereby amended by striking out section one
hundred and ten and substituting the following: — Section
110. A railroad corporation may alter the course of a
public way for the purpose of facilitating the crossing thereof
by its railroad or of permitting its railroad to pass at the side
thereof without crossing, if, after notice to the city or town
in which the way is situated, and a hearing, the county com-
missioners decide that such alteration will not essentially
injure the way, and make a decree prescribing the time and
manner of such alteration. If it is necessary to take land
for the purposes of such alteration, the county commissioners
shall take the same by eminent domain under section one

General Acts, 1918. — Chap. 257. 327

hundred and eighty-seven of chapter of the

General Acts of nineteen hundred and eighteen on behalf of
the county, city or town having jurisdiction over the altera-
tion of such way, and before entering upon, excavating or
altering such way the corporation shall give to such county,
city or town security satisfactory to the commissioners that
it will indemnify such county, city or town for all damages
and charges which it is obliged to pay by reason of such
taking.

Alteration of Canal by Railroad Company.

Section 207. Section one hundred and fourteen of said ii,§'ii4,' *'*
Part II is hereby amended by striking out the last sentence amended,
thereof and substituting the following: — If it is necessary
to take land for the purposes of such alteration the railroad
corporation may take the same under section one hundred
and eighty-seven of chapter of the General Acts

of nineteen hundred and eighteen, and shall immediately
convey the property so taken to the canal corporation, — so
as to read as follows: — Section 11 4. A railroad corporation Alteration of
may, with the consent of a canal corporation, alter the course road company,
of a canal or of a feeder to a canal, which interferes with the
convenient location of its railroad. If it is necessary to take
land for the purposes of such alteration the railroad corpora-
tion may take the same under section one hundred and
eighty-seven of chapter of the General Acts of

nineteen hundred and eighteen, and shall immediately convey
the property so taken to the canal corporation.

Taking Land for Highways.

Section 208. Part 2 of chapter three hundred and forty- ^^^'/tl^/^^'
four of the General Acts of nineteen hundred and seventeen amended.'
is hereby amended by striking out section seven and substi-
tuting the following: — Section 7. If, at the time of a view TaWng land for
upon a petition for laying out, specifically repairmg or alter-
ing a highway, no person interested objects, the commis-
sioners may, within six months thereafter, lay out, order
specific repairs on or alter the same without further notice.
If, at the time of a view upon a petition for discontinuing a
highway, the commissioners decide that it ought to be dis-
continued, they may at the same time adjudge and determine
that it be discontinued, without a further or subsequent
meeting therefor; and if a return of said proceedings and

328

General Acts, 1918. — Chap. 257.

adjudication is made and accepted at tlie next regular
meeting of the commissioners, it shall be a discontinuance of
such highway. If it is necessary to acquire land for the
purpose of laying out, altering or relocating a highway, the
commissioners shall, at the same time tliat the highway is
laid out, altered or relocated, take such land by eminent
domain under section one hundred and eighty-seven of
chapter of the General Acts of nineteen hundred

and eighteen. Any person sustaining damage in his property
by the laying out, alteration, relocation or discontinuance of
a highway, or by specific repairs thereon, shall be entitled to
recover the same under said section. If no entry has been
made upon land taken for highway purposes, or if the loca-
tion has for any other cause become void, or if specific
repairs which have been ordered are not made, a person who
has suffered loss or been put to expense by the proceedings
shall be entitled to recover indemnity therefor under said
section.

1917, 344 (G),
Part 2, § 42,
amended.

Taking land for
town ways and
private ways.

Taking Land for Town Ways and Private Ways.

Section 209. Said Part 2 is hereby further amended by
striking out section forty-two and substituting the following:
— • Section 4^. If it is necessary to acquire land for the
purposes of a town way or private way which is laid out,
altered or relocated by the selectmen, road commissioners or
other officers of a town under this chapter, such officers shall
w^ithin ten days after the lajdng out, alteration or relocation
of such town way or private w^ay is accepted by the town,
adopt an order for the taking of such land by eminent domain
mider section one hundred and eighty-seven of chapter

of the General Acts of nineteen hundred and eighteen.
Any person sustaining damage in his property by the laying
out, relocation, alteration or discontinuance of a town way
or private way, or by specific repairs thereon, shall be entitled
to recover the same under said section. If no entry has
been made upon land taken for the purpose of a town way,
or if the location has for any other cause become void, a
person who has suffered loss or been put to expense by the
proceedings shall be entitled to recover indemnity therefor
under said section. If a private way is laid out, relocated,
altered or discontinued by a town, or if a town makes specific
repairs thereon, or if a town way is discontinued, the persons
upon whose application such way is laid out, relocated.

General Acts, 1918. — Chap. 257. 329

altered or discontinued or upon whose application specific
repairs are made thereon shall, before such way is entered
upon for the purposes of construction, or is closed up, give
such town security satisfactory to the selectmen that they
will indemnify such town for all damages and charges which
it is obliged to pay by reason thereof, and all such damages
and charges shall be repaid to the town by the persons
making such application: provided, hoioever, that in case of Proviso,
the discontinuance of a town way the selectmen may order
a part of the damages to be paid by the town.

Taking Land for Town Ways and Private Ways by
County Commissioners.

Section 210. Said Part 2 is hereby further amended by m7,m (O,
striking out section forty-eight and substituting the follow- amended. '
ing: — Section 48. If the selectmen or road commissioners Taking land for
unreasonably refuse or neglect to lay out, relocate or alter a prl^atTwIys by
town way or private way when requested in writing by one mi^sU>ne°s™"
or more of the inhabitants of a town, the county commis-
sioners, on the petition in writing of a person aggrieved, filed
within one year after such request, may lay out, relocate or
alter such way, and may determine its boundaries and
measurements, and, if it is necessary to acquire land for the
purposes of such way, may take the same by eminent domain
on behalf of the town under section one hundred and eighty-
seven of chapter of the General Acts of nineteen
hundred and eighteen, and the costs of the proceedings shall
be paid by the town. If it is a private way, the damages and
costs, or such part thereof as the county commissioners
consider reasonable, shall be repaid to the town by the
persons for whose use it was laid out, relocated or altered,
and security for such payment, satisfactory to the county
commissioners, shall be given to the town by such persons
before the way is entered upon for the purpose of construct-
ing or altering the same.

Damages for Taking for Military Purposes.

Section 211. Section seven of chapter three hundred and fj\^^^^)[
forty-two of the General Acts of nineteen hundred and *"
seventeen is hereby amended by striking out all after the
word "may" in the fifth line and substituting the following:
— have his damages determined under section one hundred

330

General Acts, 1918. — Chap. 257.

Damages for
taking for mili-
tary purposes.

and eighty-seven of chapter of the General Acts

of nineteen hundred and eighteen, — so as to read as follows:
— Section 7. Any owner of property of which possession
has been ta