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

L 



^ 



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. 



10 



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. 



12 



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 



14 



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. 



16 



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. 



18 



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 ''°""" • 



20 



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. 



22 



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. '=°"'*- 



24 



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.^"^ '" ''^^' 



26 



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. 



28 



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. 



30 



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." 



32 



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 '^''^*' '^*^''" 



34 



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 ^^"^*°'"^ ^"^ 



36 



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. 



38 



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 



40 



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. 



42 



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- 



44 



'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 ^- ^- **• ^^- 



46 



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 



48 



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 



50 



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 



52 



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. 



INDEX TO THE CONSTITUTION. 



A. 



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 

46 



18 

7 

7 

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 

B. 

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

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

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

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

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

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

if not returned by governor within five days after 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 

c. 

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. 



61 



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 

35 

52 
53 

51 

43 

43 
44 
14 

52 
33 

20 

30 

26,36 

27 

45,50 

33 

52 
53 

51 
28 
37 



37,38 
34,37 

35 
21 

51 

33 

25 

25,43 



62 



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, . 



43 



D. 

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. 



63 



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 



E. 

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 

F. 

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 

G. 

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

laws, ........... 8 

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

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

formed by two branches, a senate and house of 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. 



G5 



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 

51 

51 

53 

52 

3,5,6 

5 



18 

37,50 

38 

23 

20,21 
22 
19 
32 

32 
33 
19 
10 
24 

25 

19 



20 

21,36 
22 
21 

48 

27 
14,44 

18 
20 

26 

53 



66 



INDEX TO THE CONSTITUTION. 



H. 

Page 
Habeas corpus, privilege of writ to be enjoyed in the most ample manner, and 

not to be suspended by legislature except upon most urgent occasions, 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 

I. 

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 

J. 

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 

L. 

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 

M. 

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. 



C9 



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 

22 

27 



21 

22,36 

36 

22 
22 

22 
22 

22 



22 


36 




22 




22 




53 


22 


23 




33 




17 


45 


52 




8 




8 



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 



0. 

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 

P. 

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. 



71 



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 

Q. 

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 

R. 

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 

Register of the council, resolutions and advice to be recorded in. and signed 

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

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

s. 

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. 



73 



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, . . . . . 



16 



Pape 

44 

44,45 

45 

45 

26 

. 26 

26 
33 

46 
45,52 

13 

5 

10, 13 

40,47 

13 

14 

15 

15,48 

15,43 

15 

15 

16, 17 

48,50 

18 

26 

27 

10 

47 
47 

52 

53 
21,45 



74 



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 



33 



52 



49 
52 
21 



51 
10 

50 

9,23 

27 

32,37 

9 



T. 

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, ...... 



51 

6,8 

52 

8 

12,51 

12 

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 

u. 

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 

V. 

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 



76 



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, . . 



46 

47 

45, 46, 47 

51 

14, 19, 43, 44 
43 
52 
50 
49 



w. 

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 



Y. 

Year, pohtical, begins on the first Wednesday of January, 



38 



GENERAL ACTS 

OF 

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- 



8 



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. 



12 



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- 



14 



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. 



16 



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; 



18 



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. 



22 



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. 



24 



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 



26 



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 



38 



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. 



42 



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 



44 



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'.°'^ 



46 



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. 



48 



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. 



52 



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- 



54 



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. 



56 



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. 



58 



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 



62 



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, 



74 



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 



76 



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 



78 



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- 



84 



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 



86 



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. 



88 



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- 



90 



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? °" 



92 



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 



94 



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. 



96 



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 



98 



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, 



no 



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. 



Register of 
probate and 
insolvency, 
Norfolk county, 
additional 
clerical assist- 
ance. 



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 

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY 
OF SUFFOLK. 

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. 

(c) All taxes paid within the year to the commonwealth For taxes paid 

, 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